BOARD DATE:	  30 May 2013

		DOCKET NUMBER:  AR20120019670 


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 (Certificate of Release or Discharge from Active Duty) and DA Form 2-1 (Personnel Qualification Record – Part II) to show all of his authorized awards, to include his award of the Aircraft Crewman Badge which was erroneously deleted from his DA Form 2-1, the Meritorious Unit Commendation, six service stripes, and credit for participation in nine campaigns.

2.  The applicant states his DA Form 2-1 incorrectly reflects that his award of the Aircraft Crewman Badge was deleted and that he had only two service stripes instead of six for 18 years of service.  He also states his unit was awarded the Meritorious Unit Commendation and only recently received the orders.  He further states he participated in nine campaigns during two tours of duty in Vietnam.

3.  The applicant provides copies of:

* DD Form 214
* DA Form 2-1, page 1
* DA Form 20 (Enlisted Qualification Record), page 3
* General Orders Number 184 awarding the Meritorious Unit Commendation to the 219th Aviation Company for the period June 1965 to May 1966
* Special Orders Number 80 awarding the applicant the Aircraft Crewman Badge

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 1 July 1964 for a period of 3 years and training in automotive maintenance.  He completed basic training at Fort Dix, New Jersey, and advanced individual training at Fort Bragg, North Carolina.  He remained at Fort Bragg for his first assignment and on 26 July 1965 he reenlisted for a period of 6 years and training in aircraft maintenance.

3.  He was transferred to Fort Rucker, Alabama, to undergo training.  He completed training and was transferred to Vietnam on 8 January 1966 for assignment to the 219th Aviation Company where he served until his departure on 8 January 1967 for assignment to Fort Bragg.

4.  He again was transferred to Vietnam on 7 June 1969 for assignment to the 163rd Aviation Company where he served until his departure on 6 June 1970 for assignment to Fort Knox, Kentucky.

5.  The applicant remained on active duty through a series of continuous reenlistments and was promoted to pay grade E-6 on 7 October 1974.  He was credited with completion of five overseas tours (two tours in Vietnam during nine campaigns and three tours in Germany).

6.  On 31 July 1984, he was honorably retired and he was placed on the Retired List in pay grade E-6 effective 1 August 1984.  He completed 20 years and 25 days of active service.  His DD Form 214 shows he was awarded or authorized the:

* Army Good Conduct Medal (6th Award)
* Overseas Service Ribbon (2nd Award)
* Army Service Ribbon
* National Defense Service Medal
* Vietnam Service Medal with nine campaign stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Bronze Star Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Noncommissioned Officer Professional Development Ribbon with Numeral 3
* Army Commendation Medal (2nd Award)

7.  A review of his official records shows the Aircraft Crewman Badge was recorded on at least three other DD Forms 214 contained in his records and there is no evidence of revocation of the badge.

8.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  A silver service star is worn in lieu of five bronze service stars.

9.  Army Regulation 600-8-22 states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The Overseas Service Ribbon may be awarded retroactively to those personnel who were credited with normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.  Numerals are used to denote the second and subsequent award of the Overseas Service Ribbon.

10.  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 applicant's units were awarded the Meritorious Unit Commendation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment in addition to the Republic of Vietnam Gallantry Cross with Palm Unit Citation reflected on his DD Form 214.

11.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for wear of service stripes.  It states a stripe is authorized for wear for each 3-year period of active Federal service as a member of the U.S. Army.  There are no provisions for entering service stripes on a DD Form 214 as they are items of uniform wear, not awards or decorations.

12.  Army Regulation 640-2-1, in effect at the time, prescribed instructions for preparing and maintaining the DA Form 2-1.  It stated the DA Forms 2-1 was the basic record for enlisted personnel and would be prepared and maintained for Active Army, U.S. Army Reserve, and Army National Guard enlisted personnel.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Aircraft Crewman Badge in valid orders which he has provided with his application and he is therefore entitled to have that badge added to his DD Form 214.

2.  His units in Vietnam were awarded the Meritorious Unit Commendation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment and he is entitled to have those unit awards added to his DD Form 214.

3.  The applicant participated in nine campaigns and is entitled to have his DD Form 214 corrected to show award of the Vietnam Service Medal with one silver and four bronze service stars.

4.  The applicant was also credited with completion of five overseas tours and is entitled to have his DD Form 214 corrected to show award of the Overseas Service Ribbon with Numeral 5.

5.  The regulation in effect during the applicant's service stated the DA Form 2-1 was not maintained for Soldiers with no status.  The DD Form 214 is the document that records a separated Soldier’s service.  Accordingly, there is no basis upon which to correct his DA Form 2-1.

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:

* deleting award of the Overseas Service Ribbon (2) and Vietnam Service Medal with nine campaign stars from his DD Form 214 for the period ending 31 July 1984
* adding award of the Vietnam Service Medal with one silver and four bronze service stars, Overseas Service Ribbon with Numeral 5, Aircraft Crewman Badge, Meritorious Unit Commendation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his DD Form 214 for the period ending 31 July 1984

2.  The Board further determined that the evidence presented was 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 correcting his DA Form 2-1. 

3.  The Board wants the applicant and all others to know the sacrifices he made in service to the United States during the Vietnam War 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)                                         AR20120019670



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ABCMR Record of Proceedings (cont)                                         AR20120019670



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