IN THE CASE OF:	  

		BOARD DATE:	    29 November 2011

		DOCKET NUMBER:  AR20110011111 


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 (Certificate of Release or Discharge from Active Duty) to show the Valorous Unit Award.

2. The applicant states he served in the Republic of Vietnam (RVN) with the
176th Assault Helicopter Company and the unit was recently awarded the Valorous Unit Award for the period 5 - 24 March 1971.

3.  The applicant provides copies of his flight records, a letter pertaining to his retirement, and unit award orders.

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.  A DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the applicant enlisted in the Regular Army and entered active duty this period on6 October 1961 and he was honorably discharged on 30 June 1964 to reenlist.  It also shows the Armed Forces Expeditionary Medal (Berlin) and Army of Occupation Medal with Germany Clasp (Berlin).

3.  A DD Form 214 shows the applicant entered active duty this period on
1 July 1964 and he was honorably discharged on 21 September 1966 to accept appointment as a commissioned officer.  It also shows the National Defense Service Medal, Army Good Conduct Medal (1st Award), and Marksman Marksmanship Qualification Badge with Rifle (M-14) and Pistol (.45 caliber) Bars.

4.  The applicant was appointed as a Reserve commissioned officer in the rank of second lieutenant and ordered to active duty on 22 September 1966.

5.  He was promoted to captain (pay grade O-3) on 22 September 1968.

6.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows in item 5 (Oversea Service) he served in the RVN from 28 August 1967 through 29 August 1968 and from 25 April 1970 through 24 April 1971;

7.  The applicant's Officer Evaluation Reports show that during his two tours of duty in the RVN he was assigned to:

	a.  Company D, 2nd Battalion, 12th Infantry, 25th Infantry Division, from
30 June 1967 through 29 May 1968;

	b.  Company C, 2nd Battalion, 12th Infantry, 25th Infantry Division, from
30 May through 28 August 1968;

	c.  116th Aviation Company, 212th Aviation Battalion, 23rd Infantry Division, from 27 January 1970 through 4 January 1971; and

	d.  176th Aviation Company, 14th Aviation Battalion, 23rd Infantry Division, from 5 January through 26 February 1971.

8.  A DD Form 214 shows the applicant entered active duty this period on
22 September 1966, was honorably released from active duty on 3 September 1973, and transferred to the U.S. Army Reserve Control Group (Reinforcement). It also shows the Republic of Vietnam Campaign Medal with Device (1960), Vietnam Service Medal with seven bronze service stars, Combat Infantryman Badge, Purple Heart (2nd Oak Leaf Cluster), Army Aviator Badge, Republic of Vietnam Gallantry Cross with Silver Star, Air Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award), Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (2nd Oak Leaf Cluster), Army Commendation Medal, and four Overseas Service Bars.

9.  The applicant was appointed as a Reserve warrant officer in the rank of warrant officer one on 13 December 1979.

10.  A DD Form 214 shows the applicant entered active duty this period on
13 December 1979 and he was honorably retired from active duty on
28 February 1989 for length of service.  It also shows the Silver Star, Purple Heart (3rd Award), Air Medal with Numeral 10, Army Commendation Medal
(2nd Award), Army Good Conduct Medal (1st Award), Meritorious Service Medal, Army of Occupation Medal with Germany Clasp (Berlin), National Defense Service Medal, Armed Forces Expeditionary Medal (Berlin), Armed Forces Reserve Medal, Noncommissioned Officer Professional Development Ribbon with Numeral 3, Army Service Ribbon, four Overseas Service Bars, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation (3rd Award), Republic of Vietnam Gallantry Cross with Silver Star, Army Achievement Medal, Vietnam Service Medal with seven bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Master Army Aviator Badge, Combat Infantryman Badge, Expert Infantryman Badge, Valorous Unit Award, Overseas Service Ribbon with Numeral 2, Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar, and Expert Marksmanship Qualification Badge with Rifle (M-16) Pistol
(.45 caliber) Bar.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows at the time of the applicant's assignment to Company D, 2nd Battalion, 12th Infantry, the battalion was awarded the Valorous Unit Award for the period 31 January to 19 February 1968 by Department of the Army General Orders Number 48 (1968).

12.  In support of his application the applicant provides the following documents:

	a.  One DA Form 759 and two DA Forms 759-1 (Individual Flight Record and Flight Certificate - Army) for the period from 1 January through 15 April 1971.  The documents show the applicant was assigned to the 176th Assault Helicopter Company and provide a summary of his aviation duties, aircraft qualifications, and a record of his flying time.

	b.  U.S. Army Reserve Personnel Center, St. Louis, Missouri, letter, dated
4 August 1997, that shows the applicant was advanced to the rank of CPT (O-3) on the Army Retired List, effective 29 July 1997.
	c.  U.S. Army Human Resources Command, Alexandria, Virginia, Permanent Orders 089-10, dated 30 March 2010, that awarded the 176th Aviation Company the Valorous Unit Award for extraordinary heroism in action during the period
5 to 24 March 1971.

13.  A review of the available evidence reveals the applicant may be authorized additional awards that are not shown on his separation documents.

	a.  Headquarters, 1st Aviation Brigade, General Orders Number 8092, dated 20 August 1970, awarded the applicant the Air Medal for meritorious achievement while participating in aerial flight from 30 April to 6 May 1970.

	b.  U.S. Army Military Personnel Center, Alexandria, Virginia, memorandum, dated 20 January 1976, subject:  Letter Orders - Award of the Air Medal
(2nd through 12th Awards), shows the applicant was awarded the Air Medal (2nd through 12th Awards for meritorious service while participating in aerial flight from May 1970 to April 1971.

14.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's various separations from active duty, prescribed policies and procedures regarding separation documents.  It also established standardized policy for preparing and distributing the DD Form 214.
At the time of his separation:

	a.  on 30 June 1964 and 21 September 1966, the instructions for item 26 show:  enter decorations awarded or authorized during the period covered by the DD Form 214; and

	b.  on 3 September 1973 and 28 February 1989, the instructions for item 24 and item 13, respectively, show:  list all decorations, service medals, campaign medals, and badges awarded or authorized, omitting authorities cited therein.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show the Valorous Unit Award because his unit recently received the unit award.

2.  Records show the applicant was assigned to the 176th Aviation Company from 5 January through 15 April 1971.  On 30 March 2010, permanent orders awarded the unit the Valorous Unit Award for extraordinary heroism in action during the period 5 to 24 March 1971.  Therefore, it would be appropriate to correct his records to show this unit award.

3.  Orders awarded the applicant the Air Medal (12th Award).

4.  The evidence of record shows that the applicant's 3 September 1973 and
28 February 1989 DD Forms 214 do not show all of his awards and decorations as of those dates of separation.

5.  In view of the foregoing, it would be appropriate to correct the applicant's DD Forms 214 to show his awards and decorations as recommended below.

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 3 September 1973 DD Form 214 the:

* Air Medal
* Army Commendation Medal
* "Republic of Vietnam Cross of Gallantry with Silver Palm" [sic]
   
   b.  adding to item 24 of his 3 September 1973 DD Form 214 the:

* Silver Star
* Air Medal with Numeral "12"
* Army Commendation Medal (2nd Award)
* Army Good Conduct Medal (1st Award)
* Army of Occupation Medal with Germany Clasp (Berlin)
* National Defense Service Medal
* Armed Forces Expeditionary Medal (Berlin)
* Expert Infantryman Badge
* Marksman Marksmanship Qualification Badge with Rifle (M-14) and Pistol (.45 caliber) Bars
* Valorous Unit Award (2nd Award)
* Republic of Vietnam Gallantry Cross with Silver Star
   c.  deleting from item 13 of his 28 February 1989 DD Form 214 the:

* Air Medal with Numeral "10"
* Valorous Unit Award - 1
   
   b.  adding to item 13 of his 3 September 1973 DD Form 214 the:

* Air Medal with Numeral "12"
* Valorous Unit Award (2nd 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)                                         AR20110011111



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ABCMR Record of Proceedings (cont)                                         AR20110011111



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