IN THE CASE OF:	  

		BOARD DATE:	  3 November 2011

		DOCKET NUMBER:  AR20110010467


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 item 24c (Foreign and/or Sea Service)   of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his dates of service in the Republic of Vietnam.  

2.  As a secondary issue, the applicant requests all missing awards to which he is entitled for his service in Vietnam, and he requests award of the Vietnam Service Medal in lieu of his previously-awarded Armed Forces Expeditionary Medal.

3.  The applicant states that having spent more than one year getting shot at, he has the right to have that information represented on his DD Form 214.  

4.  The applicant provides:

* Special Orders Number 212, U.S. Army Aviation Center, Fort Rucker, AL, dated 12 August 1963
* General Orders Number 610, U.S. Military Assistance Command, Vietnam, dated 4 December 1964
* memorandum, Department of the Army, Office of the Adjutant General, subject: Vietnamese Awards, dated 8 August 1966
* an award order printed in the Vietnamese language 
* an English language translation of a portion of the Vietnamese award order related to the applicant
* Certificate of Appreciation from a Member of Congress, dated 7 December 1965
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 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 served as an enlisted Soldier from 13 June 1961 through        12 August 1963 while attending various aviation flight schools in preparation for service as a warrant officer.  On 13 August 1963, he was appointed as a Reserve warrant officer, in the rank/grade of warrant officer 1/W-1 with concurrent call to active duty.  He was awarded military occupational specialty 062B (Helicopter Pilot).

3.  Item 17 (Foreign Service) of his DA Form 66 (Officer Qualification Record) shows he served in Vietnam from on or about 23 September 1963 to on or about 22 October 1964.  During this time he was assigned to the:

* Utility Tactical Transport (UTT) Helicopter Company, from on or about    23 September 1963 to on or about 14 August 1964 [UTT was redesignated the 68th Aviation Company on 15 August 1964]
* 68th Aviation Company, from on or about  15 August 1964 to on or about 22 October 1964

4.  General Orders Number 610, U.S. Military Assistance Command, Vietnam, dated 4 December 1964, awarded him the Air Medal with 21st oak leaf cluster and "V" device, for heroism while participating in aerial flight in the Republic of Vietnam. 

5.  On 12 August 1966, he was honorably released from active duty in the rank/grade of chief warrant officer 2/W-2, and transferred to the U.S. Army Reserve.  His DD Form 214 shows he completed 5 years, 1 month, and 8 days of total active service.  

	a.  Item 24c of his DD Form 214 shows he completed 1 year, 2 months, and 1 day of foreign service.  The specific theater of operations where his foreign service was performed was not identified.

	b.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the Army Aviator Badge, Armed Forces Expeditionary Medal, Air Medal with 21st Oak Leaf Cluster, National Defense Service Medal, and the Expert Marksmanship Qualification Badge with Pistol Bar.

6.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 of the regulation in effect at the time contained guidance on the preparation of the DD Form 214.  It stated item 24c would show the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which service was performed (e.g., USARPAC, etc.).  Additionally, it stated that item 32 (Remarks) was used for Department of the Army mandatory requirements when a separate block was not available and as a continuation entry; however, it did not mandate an entry to document service in the Republic of Vietnam, as was the case with future editions.

7.  Army Regulation 600-8-22 (Military Awards) states the Armed Forces Expeditionary Medal is awarded for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period.  It states individuals qualified for the Armed Forces Expeditionary Medal for service in Vietnam from 1 July 1958 and 3 July 1965 (inclusive) shall remain qualified for that medal.  Upon request, the Vietnam Service Medal may be awarded in lieu of the Armed Forces Expeditionary Medal, but the regulation requires that the Armed Forces Expeditionary Medal be removed from the records of the individual.  No person will be entitled to both awards for Vietnam service.

8.  Army Regulation 600-8-22 states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  Service members who earned the Armed Forces Expeditionary Medal for service in Vietnam between 1 July 1958 and 3 July 1965 may elect to receive the Vietnam Service Medal instead of the Armed Forces Expeditionary Medal.  However, no service member may be issued both medals for service in Vietnam.

9.  Army Regulation 600-8-22 states, in pertinent part, that a bronze service star is authorized with the Vietnam Service Medal 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 Vietnam Advisory Campaign, from, which covered the period 15 March 1962 through 7 March 1965.

10.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  

11.  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 that his unit of assignment in Vietnam, the 68th Aviation Company, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 2 through 12 June 1964 by Department of the Army General Orders (DAGO) Number 46, dated 1968.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he served in Vietnam for a period of 1 year, 2 months, and 1 day from 23 September 1963 to 22 October 1964.  The governing regulation in effect at the time did not require a separate entry for service in Vietnam; however, as a matter of equity, it would be appropriate to amend item 32 of his DD Form 214 to add "SERVICE IN USARPAC (VIETNAM) FROM 23 SEPTEMBER 1963 TO 22 OCTOBER 1964."

2.  The applicant requested award of the Vietnam Service Medal in lieu of the Armed Forces Expeditionary Medal.  Therefore, it would be appropriate to remove the Armed Forces Expeditionary Medal and add the Vietnam Service Medal with one bronze service star to his DD Form 214.

3.  General orders awarded him the Air Medal with 21st oak leaf cluster and "V" device, which is improperly represented on his DD Form 214 as the "Air Medal with 21st oak leaf cluster."  Therefore, as a matter of equity, it would be appropriate to correct his DD Form 214 to delete the improper reference and to properly show this award.

4.  The applicant served a qualifying period of service in Vietnam for entitlement to the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, he is entitled to correction of his DD Form 214 to show this award.

5.  General orders awarded his unit of assignment in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period in which he was assigned to the unit; therefore, he is entitled to correction of his DD Form 214 to show this unit award.


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 partial recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  amending item 26 of his DD Form 214 to delete the:

* Armed Forces Expeditionary Medal 
* Air Medal with 21st oak leaf cluster 

	b.  amending item 26 of his DD Form 214 to add the:

* Air Medal with 21st Oak Leaf Cluster and "V" Device
* Vietnam Service Medal with 1 bronze service star
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

	c.  amending item 32 of his DD Form 214 to add "SERVICE IN USARPAC (VIETNAM) FROM 23 SEPTEMBER 1963 TO 22 OCTOBER 1964."



      ____________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)                                         AR20100017975



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110010467



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1