IN THE CASE OF:  

		BOARD DATE:	  26 May 2011

		DOCKET NUMBER:  AR20100028605


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 that his records be corrected to show award of the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation (2d Award).

2.  The applicant states, in effect, that he was a member of the 145th Combat Aviation Battalion, 12th Aviation Group, 1st Aviation Brigade from July 1967 through July 1968.  He received information that the 1st Aviation Brigade and all units/detachments were awarded the RVN Gallantry Cross with Palm Unit Citation (2d Award) for the period 27 March 1967 to 17 May 1968.  He believes he is entitled to have the award reflected in his record.
 
3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 

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 enlisted in the Regular Army on 9 October 1965.  He completed training and he was awarded military occupational specialty (MOS) 71B (Clerk Typist).  He later was awarded MOS 71H (Personnel Specialist).

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

   a.  item 38 (Record of Assignments) he was assigned to Headquarters and Headquarters Detachment, 145th Combat Aviation Battalion in Vietnam from 
13 July 1967 until on or about 7 July 1968.

   b.  item 41 (Awards and Decorations) the Expert Marksmanship Qualification Badge, National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Good Conduct Medal, and the Valorous Unit Award.  
   
4.  His DD Form 214 shows he was honorably released from active duty on 
9 July 1968.  Item 24 (Decorations, Medals, Badges, Citations, Campaign Ribbons Awarded or Authorized) shows the Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, and one Overseas Service Bar.

5.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.  Appendix B shows that based on the applicant's dates of service in Vietnam he participated in the Vietnam Counteroffensive Phase III, Tet Counteroffensive, and the Vietnam Counteroffensive Phase IV campaigns.

6.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows Headquarters and Headquarters Detachment, 145th Combat Aviation Battalion was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 27 May 1967 - 17 May 1968 by Department of the Army General Orders (DAGO) Number 21, dated 1969, as amended by DAGO Number 43, dated 1970.  

7.  Army Regulation 670-1 (Uniforms 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.  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.  The applicant contends his records should be corrected to show award of the RVN Gallantry Cross with Palm Unit Citation (2d Award).

2.  During the applicant's assignment to his unit in Vietnam, it was cited for award of the RVN Gallantry Cross with Palm Unit Citation.  This unit award should be shown on his DD Form 214.  There is no available evidence that shows his unit of assignment in Vietnam was cited for award of the RVN Gallantry Cross with Palm Unit Citation (2d Award) during the period he was assigned to the unit.

3.  The available evidence shows he participated in three designated campaign periods during his service in Vietnam.  Therefore, three bronze service stars should be affixed to his already-awarded Vietnam Service Medal. 

4.  His period of service in Vietnam qualifies him for award of two overseas service bars.  His DD Form 214 should be corrected to show the additional overseas service bar.

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.  deleting the Vietnam Service Medal and one overseas service bar from item 24 of his DD Form 214, and
	b.  adding the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two overseas services bars 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 award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation (2d Award).



      ____________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)                                         AR20100000026



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ABCMR Record of Proceedings (cont)                                         AR20100028605



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