IN THE CASE OF:	  

		BOARD DATE:  1 August 2013

		DOCKET NUMBER:  AR20120022090 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the award of the Army Commendation Medal (ARCOM). 

2.  The applicant states special orders awarded him the ARCOM on 
8 November 1968.

3.  The applicant provides his ARCOM orders and citation.

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.  He was inducted into the Army on 12 May 1966.  He was honorably discharged on 17 May 1966 and enlisted in the Regular Army on 18 May 1966.  After completion of training, he served in military occupational specialty 67N (Single Rotor Utility Helicopter Mechanic).

3.  He served in Vietnam from 17 December 1967 to 19 December 1968 while assigned to Headquarters and Headquarters Company (HHC), 214th Combat Aviation Battalion from 21 December 1967 to 16 December 1968.

4.  His military personnel records contain Special Orders Number 91, issued by Headquarters, 214th Combat Aviation Battalion, dated 13 April 1968.  These orders awarded him the Aircraft Crewman Badge.

5.  Review of 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, revealed General Orders Number 7463, issued by the Headquarters, 1st Aviation Brigade, dated 8 November 1968, which awarded him the ARCOM.

6.  On 19 December 1968, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).  The DD Form 214 he was issued shows he completed a total of 1 year, 7 months, and
8 days of active service.

7.  His DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Air Medal, and Army Good Conduct Medal.

8.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.  A silver service star is authorized in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, he participated in the following five campaigns:

* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January  - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows unit awards received by units serving in the Republic of Vietnam.  This pamphlet shows his unit was cited for the following awards:
   
* Meritorious Unit Commendation, for the period 1 January 1967 through 
31 December 1967, by Department of the Army GO (DAGO) Number
48, dated 1968
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 27 March 1967 - 17 May 1968, by DAGO 46, dated 1969 (amended by DAGO 21, dated 1969)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 - 28 June 1969, by DAGO 59, dated 1969 (amended by DAGO 55, dated 1971)

DISCUSSION AND CONCLUSIONS:

1.  He provided and his record contains general orders which show he was awarded the ARCOM during his period of service in Vietnam.  Special orders awarded him the Aircraft Crewmember Badge, which is currently known as the Aviation Badge.  Therefore, it would be appropriate to correct his DD Form 214 to show these awards.

2.  He participated in five campaigns while serving in Vietnam.  Therefore, he is authorized a silver service star for wear on his previously-awarded Vietnam Service Medal and correction of his DD Form 214 to show this award.

3.  General orders awarded his units the Meritorious Unit Commendation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he was assigned to the unit.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

4.  In view of the above, his request should be granted.









BOARD VOTE:

____X___  ____X___  ___X__ _  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 adding to his DD Form 214 the:

* Army Commendation Medal
* Aviation Badge
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* one silver service star to be affixed to his previously-awarded Vietnam Service Medal



      _______ _  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)                                         AR20120022090





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ABCMR Record of Proceedings (cont)                                         AR20120022090



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