IN THE CASE OF:	  

		BOARD DATE:  1 March 2012

		DOCKET NUMBER:  AR20110017874 


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 military service records to show all of his authorized awards and decorations.

2.  The applicant states he served in the Army from 24 August 1965 to 23 August 1968 and he was assigned to the 178th Aviation Company in Vietnam.

	a.  He was awarded the Air Medal with 12th Oak Leaf Cluster and authorized the Vietnam Service Medal with three bronze service stars; however, they are not recorded on his separation document.

	b.  His unit was awarded the Presidential Unit Citation (Navy) and two awards (each) of the Valorous Unit Award, Meritorious Unit Commendation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation.  The general orders announcing the awards were published after he was released from active duty (REFRAD).  Consequently, they are not recorded on his separation document.

3.  The applicant provides, in support of his request, a copy of his DA Form 20 (Enlisted Qualification Record), DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), Air Medal award orders, and Headquarters, Department of the Army General Orders (DAGO) Number 17 and 22 (1968), 21 and 46 (1969), 36 and 37 (1970), and 32 (1973).



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 24 August 1965.  He was awarded military occupational specialty 67U (Multi-Engine Tandem Rotor Helicopter Mechanic).

3.  The applicant's DA Form 20 shows in:

	a.  item 31 (Foreign Service):  Vietnam from 1 May 1966 through 7 December 1967;

	b.  item 38 (Record of Assignments):

		(1)  178th Aviation Company from 16 May through 8 December 1966; and

		(2)  (apparently redesignated the) 178th Assault Support Helicopter Company from 9 December 1966 through 3 December 1967;

4.  Headquarters, 1st Aviation Brigade, General Orders (GO), awarded the applicant the Air Medal as follows:

* GO Number 520, dated 11 February 1967, the Air Medal for meritorious achievement from 9 December 1966 to 7 January 1967
* GO Number 5115, dated 21 October 1967, the Air Medal (1st through 5th Oak Leaf Clusters) for meritorious achievement from 7 January to 3 July 1967
* GO Number 1247, dated 14 November 1967, the Air Medal (7th through
12th Oak Leaf Clusters) for meritorious achievement from 27 July to
9 October 1967

5.  A DD Form 214 shows the applicant entered active duty on 24 August 1965, was honorably REFRAD on 23 August 1968, and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve obligation.

	a.  He completed 3 years of net active service that included 1 year, 7 months, and 6 days of foreign service.

	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the:

* National Defense Service Medal
* Air Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with 1 bronze service star
* Army Commendation Medal with "V" Device
* Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar
* Republic of Vietnam Campaign Medal with Device (1960)
* Aircraft Crewman Badge
* Overseas Service Bar

6.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  Paragraph 2-13 contains the regulatory guidance on the Vietnam Service Medal.  It states, in part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.

	b.  Table B-1 contains a list of Vietnam Conflict campaigns and it shows that during the applicant's tour in Vietnam he participated in the following campaigns:

* Vietnam Counteroffensive (25 December 1965 - 30 June 1966)
* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967- 29 January 1968)

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows at the time of the applicant's assignment to the 178th Aviation Company and 178th Assault Support Helicopter Company, the unit was awarded the:

* Presidential Unit Citation (Navy) for the period 21 April to 15 September 1967 by DAGO Number 32 (1973)
* Valorous Unit Award for the period 4 to 20 November 1966 by DAGO Number 17 (1968)
* Valorous Unit Award for the period 13 to 19 August 1967 by DAGO Number 37 (1970)
* Meritorious Unit Commendation for the period April 1966 to January 1967 by DAGO Number 17 (1968)
* Meritorious Unit Commendation for the period 1 July 1967 to 31 May 1968 by DAGO Number 36 (1970)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March 1966 to 26 March 1967 by DAGO Number 22 (1968)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) for the period 27 March 1967 to 17 May 1968 DAGO Number 21 (1969) as amended by DAGO Number 46 (1969)

8.  Department of the Army Pamphlet 672-3 states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  However, in the case of duplicate awards covering the same period of time only one award will be recorded in official military and historical records.

9.  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.  For Vietnam service, one Overseas Service Bar was authorized for each period of six 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.  General orders awarded the applicant the Air Medal (1st thru 12th Oak Leaf Clusters).

2.  Records show the applicant participated in three campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal.

3.  General orders awarded the applicant's unit:

* the Presidential Unit Citation (Navy)
* two awards of the Valorous Unit Award
* two awards of the Meritorious Unit Commendation
* two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation

4.  The evidence of record shows the applicant qualified for three overseas service bars based on his service in Vietnam.

5.  In view of the foregoing, it would be appropriate to correct the applicant's DD Form 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:

1.  The Board determined 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 all of the award entries; and

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

* Air Medal (13th Award)
* Army Commendation Medal with "V" Device
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Presidential Unit Citation (Navy)
* Valorous Unit Award (2nd Award)
* Meritorious Unit Commendation (2nd Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Aircraft Crewman Badge


* Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar
* three overseas service bars

2.  The Board wants the applicant and all others to know the sacrifices he made in service to the United States are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      ___________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)                                         AR20110017874



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ABCMR Record of Proceedings (cont)                                         AR20110017874



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