IN THE CASE OF:	  

		BOARD DATE:	  31 March 2011

		DOCKET NUMBER:  AR20100023268 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, item 23a (Specialty Number and Title) of his DD Form 214 (Report of Transfer or Discharge) be corrected to show he served as a helicopter crew chief.  He also requests any awards and decorations to which he may be entitled.

2.  The applicant states:

* he would like to have his job as helicopter crew chief added to his DD Form 214
* this should be recorded in his service record, but it was never entered on his discharge document
* he would like his service record reviewed for any other awards or position titles that may not have been noted on his discharge document

3.  The applicant provides no additional evidence in support of his application.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant was inducted into the Army of the United States on 27 January 1970.

3.  His DA Form 20 (Enlisted Qualification Record) shows:

* he was awarded military occupational specialty (MOS) 45M (aircraft armament substation mechanic) on 1 July 1970
* he arrived in Vietnam on 29 July 1970
* his duty MOS was 45J (aircraft armorer) while he was assigned to Headquarters and Headquarters Company, 2nd Brigade, 101st Airborne Division, in Vietnam from 11 August 1970 through 5 July 1971

4.  On 14 September 1971, he was released from active duty in the rank of specialist four after completing 1 year, 7 months, and 18 days of creditable active service with no time lost.

5.  Item 23a of his DD Form 214 shows the entry "45M2O ACFT Arm Subs Rpmn" [aircraft armament substation repairman].  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Army Commendation Medal, Aircraft Crewman Badge, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Bronze Star Medal, one overseas service bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar as authorized awards.

6.  No evidence shows he performed the duties of helicopter crew chief during his assignment in Vietnam.

7.  Records show he participated in two campaigns during his assignment in Vietnam.

8.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  His records show he received conduct and efficiency ratings of "excellent" throughout his service.

9.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

10.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  The regulation in effect at the time provided that the primary MOS would be entered in item 23a of the DD Form 214.

11.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.

12.  Army Regulation 600-8-22 (Military Awards) authorizes award of a bronze service star based on qualifying service for each campaign listed in appendix B and states that authorized bronze service stars will be worn on the appropriate service medal, including the Vietnam Service Medal.

13.  Army Regulation 670-1 (Wear and Appearance of Army Uniform and Insignia) governs the requirements for the overseas service bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the overseas service bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  He contends he would like to have his job as helicopter crew chief added to his discharge document.  However, no evidence shows he performed the duties of helicopter crew chief during his assignment in Vietnam or that he held this as his primary MOS at the time he separated.  Therefore, there is no basis for granting his request to amend item 23a of his DD Form 214.

2.  He was released from active duty in the rank of specialist four with 1 year, 7 months, and 18 days of creditable active service with no time lost.  His records show he received "excellent" conduct and efficiency ratings throughout his service with no disciplinary action or a commander's disqualification.  It appears the applicant met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 27 January 1970 through 14 September 1971 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  He should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.

3.  He participated in two campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with two bronze service stars.  His DD Form 214 should be corrected to show his authorized bronze service stars.

4.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam.  The applicant served in Vietnam during a qualifying period and is eligible for this award.  His DD Form 214 should be corrected to show this unit award.

5.  His DD Form 214 shows one authorized overseas service bar.  However, based on his service in Vietnam August 1970 to July 1971 and based on calculating credit toward the overseas service bar during the Vietnam era, he served for a total of 12 months.  Therefore, his DD Form 214 should be corrected to show two overseas service bars.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding him the first award of the Army Good Conduct Medal for the period 27 January 1970 through 14 September 1971;

	b.  deleting the entry "1 Oversea Bar" from item 24 of his DD Form 214; and

	c.  adding the Army Good Conduct Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, two overseas service bars, and two bronze service stars for wear on his already-awarded Vietnam Service Medal to item 24 of his DD Form 214.

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to amending item 23a of his DD Form 214 to show he served as a helicopter crew chief.



      __________X______________
                 CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20100023268



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ABCMR Record of Proceedings (cont)                                         AR20100023268



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