IN THE CASE OF:
BOARD DATE: 26 February 2014
DOCKET NUMBER: AR20130012006
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 that his awards of the Air Medal and Valorous Unit Award (VUA) be added to his DD Form 214 (Report of Separation from Active Duty).
2. The applicant states that neither of his awards of the Air Medal and VUA were added to his DD Form 214.
3. The applicant provides copies of his DD Forms 214 and orders awarding the Air Medal and VUA.
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 29 October 1970 for a period of 3 years and training as a helicopter repairman. He completed his basic training at Fort Lewis, Washington and his advanced individual training at Fort Rucker, Alabama before being transferred to Vietnam on 2 June 1971 for assignment to the 71st Aviation Company as a crew chief.
3. In September 1971, he was transferred to the 56th Transportation Company where he remained until August 1972 when he was transferred to Headquarters and Headquarters Company, 14th Combat Aviation Battalion for duty as a crew chief.
4. He departed Vietnam on 2 May 1972 for assignment to Fort Riley, Kansas and on 18 October 1972 he was honorably discharged due to immediate reenlistment. He reenlisted on 19 October 1972 for a period of 3 years and remained at Fort Riley until he was transferred to Germany on 1 July 1974.
5. He departed Germany on 30 June 1975 for assignment to Fort Drum, New York where he remained until he was honorably released from active duty (REFRAD) on 21 October 1975 due to completion of required service. He had served 4 years, 11 months, and 16 days of active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal with device 60, and the Good Conduct Medal.
6. General Orders Number 9884 issued by Headquarters, 23rd Infantry Division on 2 September 1971 awarded the applicant the Air Medal for the period 17 June through 24 June 1971.
7. Permanent Orders Number 089-10 issued on 30 March 2010 awarded the VUA to Headquarters and Headquarters Company, 14th Aviation Battalion for the period 8 February to 7 April 1971 and the 71st Aviation Company for the period
8 February to 28 March 1971.
8. 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. It shows that during the applicant's assignment, one of his units was cited for award the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
DISCUSSION AND CONCLUSIONS:
1. The applicant was awarded the Air Medal and is entitled to have that award added to his DD Form 214.
2. Additionally, his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he was assigned to the unit and is entitled to have that awarded added to his DD Form 214 at this time.
3. While two of the applicants units were awarded the VUA, it was not during the period he served with either unit as the applicant did not arrive in Vietnam until June 1971. Accordingly, he is not entitled to wear the VUA as a permanent award.
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 adding the awards of the Air Medal and Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214 dated 21 October 1975.
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 the VUA 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) AR20130012006
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