IN THE CASE OF:	 

		BOARD DATE:	  9 August 2012

		DOCKET NUMBER:  AR20120000519


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), for the period ending 14 May 1970, to show award of the:

* Purple Heart
* Distinguished Flying Cross
* Air Medal (2nd through 44th Awards)
* Army Commendation Medal with "V" Device

2.  He further requests correction of his DA Form 66B (Insert Sheet to DA Form 66 (Officer Qualification Record)), to show his updated flight time.

3.  The applicant states the requested awards were all earned and received; however, they do not appear on his DD Form 214.  He further states his flight hours from his extended tour in the Republic of Vietnam are not reflected in his DA Form 201 (Military Personnel Records Jacket).

4.  The applicant provides:

* a self-authored letter, dated 16 December 2011
* General Orders Number 186, issued by Headquarters, 12th Evacuation Hospital, dated 19 August 1968
* General Orders Number 191, issued by the same headquarters, dated
22 August 1968
* General Orders Number 6993, issued by Headquarters, 1st Aviation Brigade, dated 11 October 1968
* a citation for the Air Medal (2nd through 44th Award)
* a letter from the U.S. Army Reserve Components Personnel and Administration Center, St. Louis, MO, dated 7 December 1971
* General Orders Number 2670, issued by Headquarters, 1st Aviation Brigade, dated 11 June 1969
* a 2-page extract of his DA Form 66B
* DA Form 759 (Individual Flight Record and Flight Certificate – Army), for the period July 1969 through 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.  The applicant requested correction of his DD Form 214 to show the Purple Heart and the Distinguished Flying Cross.  On 15 March 1991, a DD Form 215 (Correction to DD Form 214) was issued adding the Purple Heart and Distinguished Flying Cross to his DD Form 214 for the period ending 14 May 1970.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.  A copy of the DD Form 215 will be provided with these Proceedings.

3.  On 25 June 1967, the applicant enlisted in the Regular Army as a warrant officer candidate.  On 14 July 1968, at the completion of 1 year and 20 days of total active service, he was honorably discharged for the purpose of accepting a warrant officer appointment.  The highest rank/grade he attained during his period of enlisted service was specialist five (SP5)/E-5.  The DD Form 214 he was issued at the time show he was awarded the:

* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

4.  On 15 July 1968, he was appointed as a Reserve Warrant Officer of the Army, in the rank/grade of warrant officer 1 (WO1)/W-1.  He completed aviation training and was awarded military occupational specialty 100B (Helicopter Pilot).

5.  Item 17 (Foreign Service) of his DA Form 66 and item 30 (Remarks) of his
DD Form 214 for the period ending 14 May 1970 show he served in the Republic of Vietnam from 6 August 1968 to 10 May 1970.  During this period he was assigned to the 240th Aviation Company (Assault Helicopter), 222nd Aviation Battalion (Combat), 1st Aviation Brigade.  

6.  Headquarters, 1st Aviation Brigade, published the following general orders pertaining to the applicant:

* General Orders Number 625, dated 8 February 1969, that awarded him the Air Medal for meritorious achievement while participating in aerial flight during the period 12 August 1968 to 22 August 1968
* General Orders Number 2670, dated 11 June 1969, that awarded him the Army Commendation Medal with "V" Device for heroism in connection with military operations against a hostile force on 6 December 1968
* General Orders Number 4050, dated 17 August 1969, that awarded him the Army Commendation Medal (First Oak Leaf Cluster) for meritorious service in connection with military operations against a hostile force during the period August 1968 to September 1969
* General Orders Number 1910, dated 30 March 1970, that awarded him the Army Commendation Medal (Second Oak Leaf Cluster) for meritorious achievement in connection with military operations against a hostile force during the period 25 May 1969 to 25 November 1969
* General Orders Number 4368, dated 28 May 1970, that awarded him the Air Medal (2nd through 44th Award) for meritorious achievement while participating in aerial flight during the period 22 August 1968 to 10 April 1970

7.  On 14 May 1970, he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.  He completed 1 year and 10 months of net active service during this period of service.  The DD Form 214 he was issued at the time shows award of the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Air Medal
* Army Commendation Medal (2nd Oak Leaf Cluster)
8.  Army Regulation 600-8-104 (Military Personnel Information Management/
Records) prescribes the policies and operating tasks for the Military Personnel Information Management/Records Program of the Military Personnel System.  The DA Form 66 and 66B are now obsolete forms that were previously created, maintained, and updated while the officer or warrant officer was on active duty or in a Reserve component unit.  Upon separation or discharge, the DA Form 66 and 66B were no longer maintained or updated.

9.  A review of his record indicates he is entitled to additional awards which are not shown on his DD Form 214.

10.  There is no indication in his available record that shows he was awarded the Army Good Conduct Medal.  Item 38 (Record of Assignments) of his DA Form  20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of a commander's disqualification for the award.  Additionally, there is no evidence of any convictions by courts-martial or nonjudicial punishment under Article 15, Uniform Code of Military Justice (UCMJ).

11.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings, and he/she could not have been convicted by court-martial.

12.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A silver service star will be work in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, the applicant participated in the following six campaigns:

* Vietnam Counteroffensive Phase V  (1 July 1968 - 1 November 1968)
* Vietnam Counteroffensive Phase VI  (2 November 1968 - 22 February 1969)
* Tet 69 Counteroffensive, 1969  (23 February 1969 - 8 June 1969)
* Vietnam Summer – Fall 1969  (9 June 1969 - 31 October 1969)
* Vietnam Winter – Spring 1970  (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive  (1 May 1970 - 30 June 1970)

13.  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 the unit to which the applicant was assigned was cited for award of the:

* Valorous Unit Award for the period 18 October 1968 by Department of the Army General Orders (DAGO) Number 37, dated 1970
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 January 1969 through 30 June 1969 by DAGO Number 59, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 through 28 June 1969 by DAGO Number 59, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 May 1969 through 15 May 1970 by DAGO Number 54, dated 1974

14.  Army Regulation 600-8-22 states Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The numeral 2 denotes the second award of the Air Medal.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant 44 awards of the Air Medal.  Therefore, his DD Form 214 should be corrected to show the Air Medal with Numeral "44."

2.  General orders awarded him 3 awards of the Army Commendation Medal, one with "V" Device.  Therefore, his DD Form 214 should be corrected to show the Army Commendation Medal (3rd Award) and with "V" Device.

3.  He served honorably from 25 June 1967 to 14 July 1968.  His records show he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of any disciplinary or derogatory actions or a commander's disqualification for the first award of the Army Good Conduct Medal.  Therefore, as a matter of equity, it would be appropriate to award him the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 to show this award.

4.  He participated in six campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to one silver service star and one bronze service star for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.

5.  General orders awarded his unit of assignment in Vietnam the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two awards of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his DD Form 214 should be corrected to show these unit awards.

6.  The applicant contends his flight time should be updated on his DA Form 66B. This form is a record of a Soldier's personnel management qualifications in the form of data.  The DA Form 66B is now obsolete and was previously not maintained or updated subsequent to a Soldier's separation from active duty.  Therefore, there is no basis for granting this portion of his request

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ___X___  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

	a.  deleting from his DD Form 214 for the period ending 14 May 1970 the Air Medal, Army Commendation Medal (2nd Oak Leaf Cluster), and the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period  25 June 1967 to 14 July 1968; and 

   c.  adding to his DD Form 214 for the period ending 14 May 1970 the:

* Air Medal with Numeral "44"
* Army Commendation Medal (3rd Award) and with "V" Device
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with 1 silver service star and 1 bronze service star
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (2nd Award)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

2.  The Board further determined 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 updating his DA Forms 66 and 66B.




      _________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)                                         AR20100015543



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120000519



7


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1