IN THE CASE OF:	  

		BOARD DATE:	  5 June 2012

		DOCKET NUMBER:  AR20110020472 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the following information:

* Item 2 (Service Number)
* Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – Distinguished Flying Cross
* Item 30 (Remarks) – 20 July 1969 as the beginning date for his inclusive dates of service in Vietnam during current period of service

2.  The applicant states his medal and service number were not recorded and the dates showing his Vietnam service are incorrect.

3.  The applicant provides:

* DD Form 214, dated 17 October 1971
* Page 4 of his DA Form 66 (Officer Qualification Record)
* General Orders Number 6608, dated 26 April 1970

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.  With prior enlisted service in the Regular Army the applicant accepted an appointment as a warrant officer one (WO1) on 16 June 1969, in the U.S. Army Reserve (USAR).  His appointment memorandum shows he was appointed with the service number shown after his name.  He volunteered and was accepted for active duty for a period of 3 years, effective 16 June 1969.

3.  The applicant arrived in Vietnam on 20 July 1969 and was assigned to Company A, 227th Aviation Battalion (Assault Helicopter), 1st Cavalry Division (Airmobile).  While in Vietnam, he participated in the following four campaigns:

* Vietnam Summer-Fall 1969 Campaign, which extended from 9 June through 31 October 1969 
* Vietnam Winter-Spring 1970 Campaign, which extended from 1 November 1969 through 30 April 1970
* Sanctuary Counteroffensive Campaign, which extended from 1 May through 30 June 1970
* Vietnam Counteroffensive, Phase VII Campaign, which extended from 1 July 1970 through 30 June 1971

4.  On 26 April 1970, General Orders Number 6608 were published awarding the applicant the Distinguished Flying Cross for heroism while participating in aerial flight on 15 March 1970.

5.  The applicant departed Vietnam on 14 July 1970.  He was released from active duty (REFRAD) on 17 October 1971 and was transferred to the USAR Control Group (Reinforcement).  He completed 2 years, 4 months, and 2 days of net active service this period.

6.  The applicant's DD Form 214 shows the following awards:

* National Defense Service Medal
* Army Aviator Badge
* Vietnam Service Medal
* Air Medal with Thirty Seventh Oak Leaf Cluster
* Republic of Vietnam Campaign Medal with Device "1960"
* Army Good Conduct Medal
* Bronze Star Medal

7.  The entry "N/A" is shown in item 2 on his DD Form 214.  In item 30, the entry "20 Jul 60 – 14 Jul 70" is shown as his inclusive dates of service in Vietnam.

8.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  It establishes standardized policy for the preparation of the DD Form 214.  It states that the DD Form 214 will be prepared to reflect an individual's service as it exists on the date of REFRAD, retirement or discharge.  

9.  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. 

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This pamphlet shows the unit to which the applicant was assigned was cited for the following awards:

	a.  Valorous Unit Award for the period 1 May 1970 to 29 June 1970 by Department of the Army General Order (DAGO) Number 43, dated 1972;

	b.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period May 1969 to February 1970 by DAGO Number 11, dated 1973 (amended by DAGO Number 42, dated 1974); and

	c.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1969 to 1 February 1970 by DAGO Number 42, dated 1972. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  His supporting evidence has been considered.

2.  Although he received a service number, item 2 on his DD Form 214 shows the entry "N/A."  His DD Form 214 should be corrected to add the service number shown on his appointment memorandum. 

3.  General Orders Number 6608 awarded the applicant the Distinguished Flying Cross.  This award was omitted from his DD Form 214.  He is also authorized additional awards and item 24 on his DD Form 214 should be corrected to add the following awards:

* Distinguished Flying Cross
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Four bronze service stars to be affixed to his already-awarded Vietnam Service Medal

4.  The applicant arrived in Vietnam on 20 July 1969.  Therefore, the date shown in item 30 on his DD Form 214 as the beginning date of his service in Vietnam is incorrect and should be corrected.

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 amending his DD Form 214, dated 17 October 1971, as directed below:

	a.  Adding in item 2 the service number as shown after his name on his appointment memorandum dated 16 June 1969.

	b.  Adding in item 24 the following awards:

* Distinguished Flying Cross
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Four bronze service stars to be affixed to his already-awarded Vietnam Service Medal

	c.  Correcting the "20 Jul 60" date shown in item 30 to read "20 Jul 69."




      _______ _   _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)                                         AR20110020472





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ABCMR Record of Proceedings (cont)                                         AR20110020472



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