IN THE CASE OF:	  

		BOARD DATE:	  12 May 2011

		DOCKET NUMBER:  AR20100025757 


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 his tours of service in the Republic of Vietnam (RVN) and award of the Presidential Unit Citation, Aircraft Crew Member Badge, and the Expert Marksmanship Qualification Badge with Rifle Bar.

2.  The applicant states these awards were not entered on his DD Form 214 and that his actual time served in the RVN is needed for determining his exposure to Agent Orange.

3.  The applicant provides no additional documentation.

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.  On 23 December 1966, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty 63C (Wheel and Track Vehicle Mechanic).

3.  Special Orders Number 45, Fort Campbell, KY, dated 20 February 1967, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar.

4.  The applicant's DA Form 20 (Enlisted Qualification Record), last reviewed on 26 November 1968, shows:

	a.  in Item 31 (Foreign Service) that he had served in the RVN from 
11 August 1967 and had two 6-month extensions of his foreign service tour ending on or about 10 August 1969 [2 years overseas service]; and

	b.  in Item 38 (Record of Assignments) that he had been assigned as a general vehicle repairman with:

* 552nd Maintenance Company located in the RVN from 24 August to 11 December 1967
* 149th Maintenance Company (attached to the 62nd Maintenance Company) located in the RVN from 12 December 1967 to on or about 10 August 1969

5.  On 11 August 1969, the applicant was released from active duty and transferred to the U.S. Army Reserve (USAR).  He had attained the rank of specialist four, pay grade E-4, and had completed 2 years, 7 months, and 
19 days of creditable active duty service.

6.  The applicant's DD Form 214 effective 11 August 1969 shows:

	a.  in Item 22c (Foreign and/or Sea Service): 1 year, 0 months, and 0 days of overseas service; and

	b.  in Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized): National Defense Service Medal, Vietnam Service Medal, and Vietnam Campaign Medal.

7.  On 13 May 1970, the applicant again enlisted in the Regular Army.



8.  The applicant's DA Form 20, last reviewed on 16 August 1972, shows:

	a.  in Item 31 that he had served in the RVN from 11 August 1967 to 9 August 1969 and from 17 May 1970 to 16 April 1971; and

	b.  in Item 38 that he had been assigned as a:

* Senior vehicle repairman with Headquarters and Maintenance Support Company (HMSC), 185th Maintenance Battalion from 
20 May 1970 to 10 February 1971
* Machine gunner with the 57th Aviation Company from 11 February to 16 April 1971

9.  On or about 16 April 1971, the applicant returned to the United States for duty at Fort Bliss, Texas.

10.  General Orders Number 4767, 1st Aviation Brigade, dated 14 June 1971, awarded the applicant the Air Medal, second award, with "V" Device.  The orders cite the applicant for heroism while engaged in aerial flight in connection with military operations against a hostile force.  He was recognized for his exceptionally valorous actions while serving as a crew member of a helicopter gunship.

11.  On 14 March 1973, the applicant was released from active duty and transferred to the USAR.  He had attained the rank of specialist five, pay grade E-5, and had completed 2 years, 10 months, and 2 days of active duty service during this period.

12.  The applicant's DD Form 214 effective 14 March 1973 shows in Item 24 the National Defense Service Medal, Vietnam Service Medal with three bronze service stars, RVN Campaign Medal with [1960] Device, Air Medal with Device, and the Good Conduct Medal.

13.  Army Regulation 600-8-22 (Military Awards) provides:

	a.  that a bronze service star is worn on the Vietnam Service Medal, for each credited campaign.  A silver service star is authorized in lieu of five bronze service stars.

	b.  that based on the dates of the applicant's service in the RVN, he participated in the following 9 campaign periods:

* Vietnamese Counteroffensive Phase III, 1 June 1967 - 29 January 1968
* Tet Counteroffensive, 30 January - 1 April 1968
* Vietnamese Counteroffensive Phase IV, 2 April - 30 June 1968
* Vietnamese Counteroffensive Phase V, 1 July - 1 November 1968
* Vietnamese Counteroffensive Phase VI, 2 November 1968 -               22 February 1969
* Tet 69/Counteroffensive, 23 February - 8 June 1969
* Vietnam Summer - Fall 1969, 9 June - 31 October 1969
* Sanctuary Counteroffensive, 1 May - 30 June 1970
* Vietnamese Counteroffensive Phase VII, 1 July 1970 - 30 June 1971

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the RVN.  This publication shows that HMSC, 185th Maintenance Battalion, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 43, dated in 1972, for award of the Meritorious Unit Commendation.

15.  DAGO Number 8, dated in 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

16.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided for temporary and permanent award of the Aircraft Crew Member Badge [now known as the Basic Aviation Badge].  Commanders of any unit with Army aircraft assigned could publish orders allowing qualified members of that command to wear the Aircraft Crew Member Badge.

	a.  For permanent award of the Aircraft Crew Member Badge, an individual must have performed in one of several specified duties for not less than            12 months (not necessarily consecutive) or must have been school trained for a principal duty specified above.

	b.  An individual who participated in at least 15 combat missions under probable exposure to enemy fire while serving in the principal duty of gunner was entitled to permanent award of the Aircraft Crew Member Badge.

17.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided guidelines for award of the Air Medal.  It defined terms and provided guidelines for the award based upon the number and types of missions or hours.  Twenty-five Category I missions (air assault and equally dangerous missions) and accrual of a minimum of 25 hours of flight time while engaged in Category I missions was the standard established for which sustained operations were deemed worthy of recognition by an award of the Air Medal.  However, the regulation was clear that these guidelines were considered only a departure point.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his tours of service in the RVN and award of the Presidential Unit Citation, Aircraft Crew Member Badge, and the Expert Marksmanship Qualification Badge with Rifle Bar.

2.  The evidence of record shows that the applicant served in the RVN for a period of 2 years from 11 August 1967 to 10 August 1969.  Therefore, item 22c of his DD Form 214 effective 11 August 1969, should be corrected to show this foreign service.  It would also be appropriate at this time to add in item 30 (Remarks) his service in the RVN from 11 August 1967 to 10 August 1969.

3.  Special orders show that the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar.  Therefore, this badge should be shown on his DD Form 214.

4.  Records show that the applicant participated in nine campaign periods during his service in the RVN.  Therefore, he is eligible for award of a silver service star and four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

5.  Records show the applicant’s unit was cited in general orders for award of the Meritorious Unit Commendation.  Therefore, his DD Form 214 should be corrected to show this unit award.

6.  Records show that the applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show this foreign unit award.

7.  The evidence of record clearly shows that the applicant was assigned as a machine gunner with the 57th Aviation Company for approximately 2 months.  Furthermore, he was awarded two Air Medals, of which at least one was for valor.  Award criteria for the Air Medal required completion of no less than 25 combat missions.  Therefore, it is reasonable to presume he completed at least 15 missions and qualified for permanent award of the Aircraft Crew Member Badge, now known as the Basic Aviation Badge.
8.  There is no available evidence showing that the applicant was assigned to a unit that received a Presidential Unit Citation during the period of his assignment to such unit.  Therefore, this portion of his request should be denied.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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.  showing in Item 22c of his DD Form 214 effective 11 August 1969 
2 years, 0 months, and 0 days;

	b.  showing in item 30 of his DD Form 214 effective 1 August 1969 his service in Vietnam from 11 August 1967 to 10 August 1969;

	c.  deleting all entries in Item 24 of his DD Form 214, effective 14 March 1973; and

	d.  showing in item 24 of his DD Form 214 effective 14 March 1973 that his awards are the:

* Air Medal (2d Award) and with "V" Device
* Meritorious Unit Commendation
* Good Conduct Medal
* National Defense Service Medal
* Vietnam Service Medal with 1 silver service star and 4 bronze service stars
* Republic of Vietnam Campaign Medal with 1960 Device
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Basic Aviation Badge
* Expert Marksmanship Qualification Badge with Rifle Bar

2.  The Board further determined that 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 award of the Presidential Unit Citation.



      __________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)                                         AR20100025757





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ABCMR Record of Proceedings (cont)                                         AR20100025757



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