IN THE CASE OF:
BOARD DATE: 12 May 2011
DOCKET NUMBER: AR20100027343
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 awards of the Presidential Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
2. The applicant states he served with the 220th Aviation Company and the 18th Aviation Company (in Vietnam) during the periods the units were awarded the Presidential Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
3. The applicant provides his DD Form 214, general orders, and a Marine Corps bulletin.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. Having had prior service, the applicant's records show he was appointed as an aviation warrant officer in the U.S. Army Reserve and he entered active duty on 5 February 1965. He held military occupational specialty 061B (Airplane Pilot).
3. He served in Vietnam from 15 February to 31 August 1966 while assigned to the 220th Aviation Company and from 1 September 1966 to 2 February 1967 while assigned to the 18th Aviation Company.
4. He was honorably released from active duty on 21 January 1968 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve obligation. He completed 2 years, 11 months, and 17 days of creditable active service.
5. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Army Aviator Badge, Air Medal (19th Oak Leaf Cluster) and with "V" Device, National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Army Commendation Medal, and the Meritorious Unit Commendation.
6. Department of the Army General Orders (DAGO) Number 22, dated 1968, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the 220th Aviation Company during the period 1 March 1966 - 26 March 1967.
7. DAGO Number 59, dated 1969, announced award of the Navy Presidential Unit Citation to the 18th Aviation Company during the period 29 March 1966 - 30 June 1967.
8. Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal. It states 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, the applicant participated in the following two campaigns:
* Vietnam Counteroffensive (25 December 1965 - 30 June 1966)
* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows general orders awarded the applicant's units in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Navy Presidential Unit Citation during the periods he was assigned to the unit. Therefore he is entitled to correction of his records to show these unit awards.
2. His record confirms he participated in two campaigns while serving in Vietnam. Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his records to show these bronze service stars.
BOARD VOTE:
____X____ ____X____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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 from item 24 of his DD Form 214 the Vietnam Service Medal; and
b. adding to item 24 of his DD Form 214 the Vietnam Service Medal with two bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Navy 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) AR20100027343
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ABCMR Record of Proceedings (cont) AR20100027343
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