IN THE CASE OF:	  

		BOARD DATE:	  29 May 2014

		DOCKET NUMBER:  AR20130016871 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his awards of the Bronze Star Medal (BSM), Air Medal, and his final rank as chief warrant officer two (CW2). 

2.  The applicant states that his DD Form 214 does not reflect his awards of the BSM, Air Medal and his final rank as CW2. 

3.  The applicant provides copies of his certificates for award of the BSM, Air Medal 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 on 13 May 1970 for a period of     2 years under the warrant officer flight training program.  He completed his basic training at Fort Polk, Louisiana and was transferred to Fort Wolters, Texas and then to Fort Rucker, Alabama for his warrant officer flight training.

3.  He completed his training and was honorably discharged in the pay grade of E-5 on 16 May 1971 to accept an appointment as a warrant officer.  He was appointed as an aviation warrant officer one on 17 May 1971 and entered active duty.

4.  On 16 August 1971, he was transferred to Vietnam and was initially assigned to Company C, 228th Aviation Company.

5.  On 3 October 1971, he was assigned to the 68th Aviation Company.  He served in three campaigns and departed Vietnam on 18 March 1972.  He was transferred to Oakland Army Base, California where he was honorably released from active duty (REFRAD) on 23 March 1972 as a WO1 and was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training).

6.  His DD Form 214 issued at the time of his REFRAD shows that he had served 10 months and 7 days of active service as a warrant officer and 1 year, 10 months and 11 days of total active service.  His DD Form 214 shows that he was awarded the National Defense Service Medal, Army Aviator Badge, Vietnam Service Medal, and Vietnam Campaign Medal with Device (1960). 

7.  On 1 February 1978, he was honorably discharged from the USAR 1n the rank of Chief Warrant Officer Two (CW2).

8.  A review of his official records shows that General Orders Number 1174, issued by Headquarters, 1st Aviation Brigade on 11 April 1972 awarded the applicant the Air Medal second and third award (AM w/Numeral 3) and General Order Number 1303 issued by Headquarters, 1st Aviation Brigade on 29 April 1972 awarded the applicant the BSM.

9.  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 his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period the applicant served with the unit.

10.  Army Regulation 600-8-22 (Military Awards) states a bronze service star will be worn on the appropriate service medal based on qualifying service for each campaign listed in appendix B, which is the Vietnam Service Medal in this case.
11.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  The regulation in effect at the time provides, in pertinent part, that the DD Form 214 will be prepared to reflect information that is in effect during the period covered by the DD Form 214.  Information (changes) that occurs subsequent to the date of the DD Form 214 will not be entered on the DD Form 214 retroactively.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the BSM and the Air Medal with Numeral 3 and is entitled to have those awards entered on his DD Form 214.

2.  Additionally, he served in three campaigns and is entitled to wear three bronze service stars on his already-awarded Vietnam Service Medal and to have them added to his DD Form 214.

3.  The applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit; therefore, he is entitled to have that award added to his DD Form 214.

4.  However, the applicant was REFRAD while still serving in the rank of WO1 and is not entitled to have his DD Form 214 corrected to show his rank as CW2 as his promotion to CW2 did not occur until after his REFRAD.

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 award of the Vietnam Service Medal from his DD Form 214 for the period ending 23 March 1972
* Adding the Vietnam Service Medal with three bronze service stars, BSM, Air Medal with numeral “3,” and the Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214 for the period ending
23 March 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 correcting his rank to show CW2 on his DD Form 214 for the period ending 23 March 1972.

3.  The Board wants the applicant and all others to know that 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)                                         AR20130016871





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ABCMR Record of Proceedings (cont)                                         AR20130016871



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