IN THE CASE OF:	  

		BOARD DATE:	    19 July 2011

		DOCKET NUMBER:  AR20110000347 


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).

2.  The applicant states his DD Form 214 should be corrected to show he was awarded the Bronze Star Medal, Aircraft Crewman Badge, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  He further states the Army Commendation Medal and the Air Medal should be deleted from his
DD Form 214 since he was never awarded these medals.

3.  The applicant provides:

* General Orders Number 1119, dated 6 April 1972, and certificate awarding him the Bronze Star Medal
* Special Orders Number 270, dated 4 November 1971, awarding him the Basic Aircraft Crewman Badge
* General Orders Number 8, dated 19 March 1974, awarding all units in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit 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 enlisted in the Regular Army on 28 August 1970 for a period of 3 years.  He was trained in and awarded military occupational specialty (MOS) 67N (UH-1 helicopter repairman).

3.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 19 March 1971 to 25 February 1972.  Item 38 (Record of Assignments) shows that during his tenure in Vietnam he was assigned to the:

* 191st Assault Helicopter Company in MOS 67N as a Crew Chief from
29 March through 18 September 1971
* 162nd Assault Helicopter Company in MOS 67N as a UH1 Crew Chief from 19 September 1971 through 12 October 1971
* 18th Aviation Company in MOS 67N as a UH1 Crew Chief from
13 October 1971 to 25 February 1972

4.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20 shows the:

* Nation Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Aircraft Crewman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

5.  Special Orders Number 270, issued by Headquarters, 13th Combat Aviation Battalion, dated 4 November 1971, awarded the applicant the Basic Aircraft Crewman Badge (currently known as the Basic Aviation Badge) effective
29 October 1971.

6.  General Orders Number 1119, issued by Headquarters, 1st Aviation Brigade, dated 6 April 1972, awarded the applicant the Bronze Star Medal for meritorious service in Vietnam during the period March 1971 to March 1972.


7.  On 1 March 1972, the applicant was honorably early released from active duty in the rank/grade of specialist four (SP4)/E-4, for the purpose of joining a U.S. Army Reserve (USAR) unit.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time, as amended by a DD Form 215 (Correction to DD Form 214) issued on 30 July 1973, shows the:

* Air Medal
* Army Commendation Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)

8.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It 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, the applicant participated in the following three campaigns:

* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)
* Consolidation I (1 July - 30 November 1971)
* Consolidation II (1 December 1971 - 29 March 1972)

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Paragraph 6d states that 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. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  Orders awarded the applicant the Bronze Star Medal for meritorious service and the Basic Aviation Badge for qualifying service in MOS 67N as a crew chief while serving in Vietnam.  Therefore, his DD Form 214 should be corrected to show these awards.


2.  The applicant participated in three campaign phases during his service in Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam and correction of his DD Form 214 to three bronze service stars instead of the two bronze service stars that are currently shown on his DD Form 214.

3.  All units in Vietnam were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his service in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

4.  The applicant’s DA Form 20 does not show the Army Commendation Medal or the Air Medal in the list of earned awards in item 41, and there are no orders on file in his MPRJ awarding him these awards.  The applicant also states he was never awarded these awards.  Therefore, it would be appropriate to honor the applicant’s request to remove these awards from his DD Form 214.

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:

* Air Medal
* Army Commendation Medal
* Vietnam Service Medal with two bronze service stars

	b.  adding to item 24 of his DD Form 214 the:

* Bronze Star Medal
* Vietnam Service Medal with three bronze service stars

* Basic Aviation Badge
* Republic of Vietnam Gallantry Cross with Palm 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)                                         AR20110000347



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ABCMR Record of Proceedings (cont)                                         AR20110000347



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