IN THE CASE OF:	  

		BOARD DATE:	    24 March 2011

		DOCKET NUMBER:  AR20100023734 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Bronze Star Medal and to show he was assigned to the 163rd Aviation Company attached to the 101st Airborne Division in Vietnam.

2.  He states:

* he has the Bronze Star Medal Certificate and Citation authorized by Executive Order Number 24, dated 24 August 1962
* he had the medal, but it has been lost
* his middle initial appears as an "F" on the Bronze Star Medal Certificate and Citation

3.  He provides a Bronze Star Medal Certificate and Citation.

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 March 1968.

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

* item 31 (Foreign Service) – he served in Vietnam from 31 January 1969 through 30 January 1970
* item 38 (Record of Assignments) – he was assigned to Company A, 158th Assault Helicopter Battalion, 101st Airborne Division, in Vietnam
* item 41 (Awards and Decorations) – doesn't list the Bronze Star Medal

4.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, revealed he was awarded the Bronze Star Medal for meritorious service from 1 February 1969 to 30 November 1969 by Headquarters, 101st Airborne Division (Airmobile), General Orders Number 14153, dated 30 November 1969.

5.  His service record contains a DA Form 137 (Installation Clearance Record), dated 26 January 1970, which shows his organization as the 163rd Aviation Company (General Support) (Airmobile) at the time of his separation.

6.  He was released from active duty on 1 February 1970.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal
* Army Good Conduct Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

7.  Item 12 (Last Duty Assignment and Major Command) of his DD Form 214 shows his last duty assignment and major command as Company A, 158th Assault Helicopter Battalion, 101st Airborne Division, U.S. Army Vietnam.



8.  References:

	a.  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.

	b.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The version in effect at the time directed that the last duty assignment and major command or agency having jurisdiction over the losing unit of assignment would be entered in item 12 of the DD Form 214.

	c.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal and states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following four campaigns:

* Vietnam Counteroffensive Phase VI
* Tet 69 Counteroffensive 1969
* Vietnam Summer-Fall 1969
* Vietnam Winter-Spring 1970

	d.  The 101st Rangers-Vietnam website lists the 163rd Aviation Company (General Support) as part of the 101st Airborne Division that was in battle from 1 July 1968 to 18 January 1972.

DISCUSSION AND CONCLUSIONS:

1.  General orders show he was award the Bronze Star Medal; therefore, his DD Form 214 should be amended to show this decoration.

2.  His Installation Clearance Record completed prior to his separation on 1 February 1970 shows his organization as the 163rd Aviation Company (General Support) (Airmobile).  The 101st Rangers-Vietnam website shows this company was attached to the 101st Airborne Division during battle in Vietnam.  This evidence is accepted as a basis to amend item 12 of his DD Form 214 to show he was assigned to the 163rd Aviation Company (General Support) of the 101st Airborne Division.

3.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units which served in Vietnam.  Therefore, his DD Form 214 should be amended to show this award.

4.  His DD Form 214 currently reflects the Vietnam Service Medal.  Additionally, he received credit for participation in four campaigns during the Vietnam War.  Therefore, his DD Form 214 should be amended to reflect four bronze service stars for wear on his already-awarded Vietnam Service Medal.

BOARD VOTE:

___X_____  ___X_____  __X__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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

	a.  deleting the entry "Co A 158th AH Bn 101st Abn Div" from item 12 of his DD Form 214;

	b.  adding the entry "163rd Aviation Company (General Support), 158th Aviation Helicopter Battalion, 101st Airborne Division" to item 12 of his DD Form 214;

	c.  deleting the Vietnam Service Medal from item 24 of his DD Form 214; and



	d.  adding the Bronze Star Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and four bronze service stars for wear on his already-awarded Vietnam Service Medal to item 24 of his DD Form 214.



      _______ _  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)                                         AR20100023734



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ABCMR Record of Proceedings (cont)                                         AR20100023734



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