IN THE CASE OF:	  

		BOARD DATE:  17 May 2012

		DOCKET NUMBER:  AR20110022833 


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) to show two awards of the Air Medal (AM), Bronze Star Medal (BSM), and Republic of Vietnam Campaign Medal (RVNCM).  He also requests that his DD Form 214 be corrected to show the military occupational specialty (MOS) he worked in while serving in the Republic of Vietnam (RVN).  

2.  The applicant states his DD Form 214 is incorrect it does not contain all of the awards he earned.  He claims the above errors are interfering with his service connected claims at the Department of Veterans Affairs (VA).  

3.  The applicant provides AM and BSM orders in support of his application.  

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's record shows he enlisted in the Regular Army on 17 June 1969, trained in, and awarded MOS 94B (Cook).  His DA Form 20 (Enlisted Qualification Record) shows the applicant served in the RVN from 8 September 1970 through 19 July 1971.  Item 38 (Record of Assignments) shows during his RVN tour, he was assigned to Company B, 159th Aviation Battalion, 101st Airborne Division, performing duties in MOS 94B.  

3.  Item 41 (Awards and Decorations) of the DA Form 20 show the applicant earned the National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), and Marksmanship Qualification Badge with Rifle Bar during his active duty tenure.  

4.  On 19 July 1971, the applicant was honorably released from active duty after completing 1 year, 11 months, and 23 days of creditable active military service.  The DD Form 214 he was issued at the time shows he earned the NDSM, VSM and Marksman Marksmanship Qualification Badge with Rifle Bar during his active duty tenure.  

5.  The Awards and Decorations Computer-Assisted Retrieval System (ADCARS) an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command contains the following award orders for the applicant:

* Headquarters, 101st Airborne Division General Order (GO) 4549, dated 20 May 1971, which awarded him the AM with “V” (Valor) Device for heroism in the RVN on 11 March 1971
* Headquarters, 101st Airborne Division GO 7325, dated 14 July 1971, which awarded him the BSM for meritorious service from September 1970-September 1971

6.  The applicant provides Headquarters, 101st Airborne Division GO 8057, dated 30 July 1971, which awarded him the AM (2nd Award) for meritorious achievement from 12 October 1970-4 July 1971 in addition to the BSM and AM with “V” Device orders on ADCARS.  He also provides separation orders, dated 19 July 1971, which list his MOS as 67U (Helicopter Mechanic).  

7.  Army Regulation 600-8-22 (Military Awards) prescribes the Army’s awards policy.  Paragraph 2-13 contains guidance on the VSM and states a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.  

8.  Table B-1 of the awards regulation contains a list of campaigns and shows that during the applicant’s tenure of assignment in the RVN, participation credit was granted for the Vietnam Counteroffensive Phase VII (1 July 1970- 30 June 1971) and Consolidation I (1 July-30 November 1971) campaigns.  

9.  Paragraph 9-13 of the awards regulation contains guidance on the RVN Campaign Medal.  It states it is authorized for 6 months of service in the RVN during the period between 1 March 1961 and 28 March 1973.  It further states the Device 1960 is authorized for wear with this award. 

10.  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.  It shows that during the applicant’s tenure of assignment in the RVN, his unit, 159th Aviation Battalion was cited for the RVN Gallantry Cross with Palm Unit Citation for the period 1 March through 9 October 1971 in Department of the Army General Order (DAGO) 6, dated 1974; and the RVN Civil Actions Honor Medal First Class Unit Citation for the period 30 October through 7 December 1970 in DAGO 11, dated 1973.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his DD Form 214 should be corrected to show the awards in question and to show the MOS in which he served in the RVN has been carefully considered and was found to have partial merit.  

2.  The orders in ADCARS and the orders provided by the applicant confirm he received the AM (2nd Award) with “V” Device and BSM.  The available record also confirms that based on his service and campaign participation in the RVN, he is eligible for the RVNCM with 1960 Device, RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, and
2 bronze service stars to be worn with his already-awarded VSM.  Therefore, it would be appropriate to add these awards to his DD Form 214.  

3.  The applicant’s request to correct his DD Form 214 to show he served in MOS 67U in the RVN has also been carefully considered.  The applicant's record confirms he was trained in and awarded MOS 94B.  While the awards and other orders provided by the applicant seem to indicate he served in duty MOS 67U while in the RVN there are no orders in the record or provided by the applicant that show he was ever formally awarded MOS 67U as a primary or secondary MOS.  As a result, there is an insufficient evidentiary basis to support granting this portion of the requested relief.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X ___  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 by deleting the current Vietnam Service Medal entry and adding the following awards:

* Bronze Star Medal
* Air Medal (2nd Award) with “V” Device
* Vietnam Service Medal with 2 bronze service stars
* Republic of Vietnam Campaign Medal with 1960 Device
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to adding MOS 67U to his 
DD Form 214.  



      _______ _ 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)                                         AR20110022833



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ABCMR Record of Proceedings (cont)                                         AR20110022833



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