BOARD DATE:	  23 October 2012

		DOCKET NUMBER:  AR20120002555 


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, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) issued on 30 September 1972 be corrected to show his warrant officer service as well as his commissioned service, his two tours in Vietnam, his awards of the Distinguished Flying Cross (DFC) and Bronze Star Medal (BSM), and his completion of the Instructor Course and his Outstanding Instructor Award. 

2.  The applicant states that his current DD Form 214 does not reflect his service as a warrant officer; his two tours in Vietnam; his awards of the DFC, BSM, and Outstanding Instructor Award; and his completion of the Instructor Course.  It is causing him to be denied a portion of his Social Security income.

3.  The applicant provides a one-page letter explaining his application, his        DD Form 214 dated 30 September 1972, his appointment orders as a Reserve Warrant Officer, his award of the BSM on 18 April 1969, his award of the DFC, his completion certificate for the Methods of Instruction course, his appointment memorandum as a Reserve Commissioned Officer, his Outstanding Instructor Award, his completion of the Infantry Officer Basic Course (IOBC), and his Honorable Discharge Certificate. 

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 in Detroit, Michigan on 6 March 1967 for a period of 2 years and training under the warrant officer flight training program.  He completed his basic training at Fort Polk, Louisiana and was transferred to Fort Wolters, Texas as a warrant officer candidate. 

3.  On 27 March 1968 he was honorably discharged to accept an appointment as a warrant officer.  He had served 1 year and 20 days of active service.

4.  On 28 March 1968 he was appointed as an aviation warrant officer one and was transferred to Vietnam on 16 April 1968 for assignment to Troop A, 7th Squadron, 17th Cavalry Regiment for duty as a helicopter pilot.  He was promoted to the rank of chief warrant officer two on 26 March 1969.

5.  After serving in five campaigns he departed Vietnam on 13 April 1969 for assignment to Fort Rucker, Alabama for duty as an instructor.

6.  On 18 January 1970 he was honorably discharged for the purpose of accepting a commission as a first lieutenant (1LT).  His DD Form 214 issued at the time shows that he served 1 year of foreign service and was awarded the National Defense Service Medal, the Army Aviator Badge, the Vietnam Service Medal, the Air Medal, and the Republic of Vietnam Campaign Medal.  It also shows that he had served 1 year, 9 months, and 23 days of warrant officer service and 1 year and 20 days of other service (enlisted service) for a total of 2 years, 10 months and 13 days of active service.

7.  On 19 January 1970 he accepted an appointment as an infantry 1LT and remained at Fort Rucker.  He was promoted to the rank of captain (CPT) and he was transferred back to Vietnam on 29 August 1971 for assignment to Headquarters and Headquarters Troop, 7th Squadron, 17th Cavalry Regiment for duty as a maintenance officer.

8.  After serving in three campaigns he departed Vietnam on 29 April 1972 for assignment to Fort Bragg, North Carolina where he remained until he was honorably released from active duty (REFRAD) on 30 September 1972.  He had served  2 years, 8 months, and 12 days of commissioned service and  2 years,  10 months and 13 days of active service in an enlisted and warrant officer status which is correctly reflected in block 22a(2) on his DD Form 214 as other service.

9.  His 30 September 1972 DD Form 214 shows that he was awarded the National Defense Service Medal, the Good Conduct Medal, the Air Medal, the Vietnam Campaign Medal, the Vietnam Service Medal, the Bronze Star Medal, and the Army Aviator Badge.  It also shows the applicant served 8 months of foreign service in Vietnam from 29 August 1971 to 29 April 1972.

10.  A review of his official records failed to show the duration of the Instructor Course the applicant completed as a CW2 on 25 July 1969.  However, his records do show that he was awarded the BSM on 18 April 1969 (as a WO1) and the BSM (1OLC) as a CPT on 3 June 1972.  He was also awarded the DFC as a CW2 on 27 February 1970.

11.  Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214.  The regulation in effect at the time provided, in pertinent part, that only foreign service performed during the period covered by the DD Form 214 and awards earned during the period covered by the DD Form 214 would be entered on that form.  Awards and service performed subsequent to the period covered by the DD Form 214 would not be retroactively entered on that form.  A subsequent change to that regulation that occurred after the applicant’s REFRAD provides that all awards will be entered on the DD Form 214.  That regulation also provides that only non-combat arms courses of instruction that are 1 week or more in duration will be entered on the DD Form 214.

12.  Prior to 1 October 1979, the regulation required that a DD Form 214 be issued for each period of service.  Effective 1 October 1979, the regulation changed and provided that a DD Form 214 would not be issued for cases involving immediate reenlistment or in any circumstances where there was not a break in service of more than 24 hours.  However, a DD Form 214 is required when individuals change from enlisted, warrant or commissioned status.  Additionally, the regulation provided that in cases where a previous DD Form 214 was issued, the next DD Form 214 would begin at the next period of service and prior service would be reflected in the appropriate areas of the DD Form 214.

13.  Department of the 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.  This pamphlet shows that the applicant’s unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit.

14.  Army Regulation 600-8-22 states a bronze service star based on qualifying service for each campaign listed in appendix B will be worn on the appropriate service medal.  A silver service star is worn in lieu of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his 30 September 1972 DD Form 214 should be corrected to reflect all of his enlisted, warrant officer and commissioned service has been noted and appears to lack merit.  His DD Form 214 contains all of his active service in all three categories and he has failed to provide evidence to show otherwise.

2.  Although the regulation in effect at the time of the applicant’s service provided that only awards earned during the period covered by the DD Form 214 would be entered on that form, the current regulation allows for all awards to be entered on the DD Form 214.  Accordingly, it would be appropriate to correct his DD Form 214 issued on 30 September 1972 to reflect all of his awards.

3.  Accordingly, his awards of the DFC and the BSM 1OLC should be added to his DD Form 214.

4.  The applicant also participated in eight campaigns while in Vietnam and thus is entitled to wear one silver and three bronze service stars on his already-awarded Vietnam Service Medal.

5.  His unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served in Vietnam and he is entitled to have that award added to his DD Form 214.

6.  However, the applicant is not entitled to have his foreign service performed while as a warrant officer in Vietnam added to his last DD Form 214 as only service performed during the period covered by the DD Form 214 is authorized for entry.  Accordingly, the applicant must present his DD Form 214 issued for 


that period to verify his foreign service to agencies requiring verification.  A copy of this DD Form 214 will be provided to him.

7.  Additionally, the applicable regulation requires that only non-combat arms courses in duration of 1 week (40 hours) or more will be entered on the DD Form 214.  Inasmuch as the evidence of record does not contain and the applicant has not provided evidence to show the duration of the instructor course, there is no basis to enter that course on his DD Form 214.

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:

* Deleting the awards of the Vietnam Service Medal and BSM from his    DD Form 214 dated 30 September 1972
* Adding the awards of the Vietnam Service Medal with one silver and three bronze service stars, BSM 1OLC, DFC, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214 dated           30 September 1972

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 his previous tour in Vietnam and his completion of an instructor course to his DD Form 214 dated   30 September 1972.

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the 


United States during the Vietnam War.  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)                                         AR20120002555





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ABCMR Record of Proceedings (cont)                                         AR20120002555



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