IN THE CASE OF:	   

		BOARD DATE:	  19 June 2014

		DOCKET NUMBER:  AR20130017986 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show he served in the Republic of Vietnam (RVN) and that he was authorized the RVN Campaign Medal.

2.  The applicant states he served as a helicopter crew chief/door gunner with the 135th Assault Helicopter Company in the RVN during the period October 1967 to May 1968.  He completed 7 months and 23 days of foreign service, but his service in the RVN is not recorded on his DD Form 214.

3.  The applicant provides a notarized statement from Ernie D----, dated 29 May 2013, who affirms the applicant was a member of the 135th Assault Helicopter Company in the RVN during 1967 and 1968.

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 was inducted on 31 May 1966.  He was awarded military occupational specialty 67N (Helicopter Repairer).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

   a.  item 31 (Foreign Service), Vietnam from 2 October 1967 through 23 May 1968;

   b.  item 33 (Appointments and Reductions), he was promoted to specialist five (SP5)/pay grade E-5 on 31 August 1967;

   c.  item 38 (Record of Assignments):  135th Aviation Company from 
29 September 1967 through 22 May 1968;

   d.  item 41 (Awards and Decorations) does not show the RVN Campaign Medal with Device (1960).

4.  The applicant's DD Form 214 shows he was honorably released from active duty on 24 May 1968 and transferred to the U.S. Army Reserve Control Group (Annual Training).  He had completed 1 year, 11 months, and 14 days of net active service.  It also shows in:

	a.  item 22c (Foreign and/or Sea Service), he completed 7 months and 23 days of foreign service;

	b.  item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized):

* National Defense Service Medal
* Vietnam Service Medal
* Air Medal
* Aircraft Crewman Badge
* Marksman
* Sharpshooter

	c.  item 30 (Remarks), no entry for service in the RVN.



5.  A review of the applicant's military personnel records reveals he may be entitled to additional awards that are not shown on his DD Form 214.

   a.  Headquarters, U.S. Army Training Center Infantry, Fort Benning, GA, Special Orders Number 166, dated 16 July 1966, awarded him the Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar.

   b.  Headquarters, 55th Aviation Battalion, Fort Hood, TX, Special Orders:

* Number 56, dated 3 July 1967, awarded him the Marksman Marksmanship Qualification Badge with (.38 Caliber) Pistol Bar
* Number 69, dated 3 August 1967, awarded him the Marksman Marksmanship Qualification Badge with (M-16) Rifle Bar

   c.  Headquarters, 1st Aviation Brigade, General Orders Number 5612, dated 22 November 1967, awarded him the Air Medal for meritorious achievement while participating in aerial flight in the RVN from 13 October to 6 November 1967.

6.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam-era between 1965 and 1973 maintained by the U.S. Army Human Resources Command, Military Awards Branch, revealed a copy of Headquarters, 1st Aviation Brigade, General Orders Number 3605, dated 7 June 1968, that awarded the applicant the Air Medal (1st through 16th Oak Leaf Clusters) for meritorious achievement while participating in aerial flight in the RVN from 7 November 1967 to 7 May 1968.

7.  Item 38 of the applicant's DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout the period of his military service.  Further review of the applicant's military personnel records failed to reveal evidence of a commander's disqualification that would have precluded him from being recommended for or awarded the Army Good Conduct Medal (1st Award). 

8.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal (AGCM) was awarded to individuals who completed a qualifying period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.  

9.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  The Vietnam Service Medal (VSM) is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  A bronze service star will be awarded for wear on the VSM for participation in each credited campaign.

	b.  Appendix B contains a list of Vietnam Conflict campaigns.  During the applicant's service in Vietnam, participation credit was awarded for the following 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)

	c.  The RVN Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  It shows the 135th Aviation Company was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 22 February 1967 through 18 May 1968 in Department of the Army General Orders Number 21, 1969.

11.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribes policies and procedures regarding separation documents.  It also establishes standardized policy for preparing and distributing the DD Form 214.  It states the purpose of a separation document is to provide the individual with documentary evidence of his or her military service at the time of separation.  (Subsequent to the applicant's release from active duty, a regulatory change was introduced for the Remarks section of the DD Form 214 that provided for entering inclusive dates of service in Vietnam during the current period of service.)

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show his service in the RVN and the RVN Campaign Medal with Device (1960).


2.  Records show the applicant was credited with service in Vietnam from 
2 October 1967 through 23 May 1968.
  
   a.  A calculation of this period of overseas service shows the following:

	1968  05  23	date of redeployment
	- 1967  10  02	date of deployment
	=     00  07  21
	+                   1	day inclusive
	=     00  07  22	or 7 months and 22 days of total foreign service

   b.  Item 22c of his DD Form 214 shows 7 months and 23 days of foreign service.  Despite the 1-day error, no action is being taken to correct this entry.

   c.  The inclusive dates of his service in Vietnam are not recorded on his
DD Form 214.  Thus, at this time, it would be appropriate to show this service in item 30 of his DD Form 214.

3.  The evidence of record shows:

   a.  general orders awarded the applicant 17 awards of the Air Medal
(i.e., Air Medal with 16 Oak Leaf Clusters); 

	b.  special orders awarded him the:

* Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar
* Marksman Marksmanship Qualification Badge with (M-16) Rifle Bar
* Marksman Marksmanship Qualification Badge with (.38 Caliber) Pistol Bar

	c.  The applicant qualified for award of the VSM and he participated in three campaigns during his service in Vietnam.  Thus, he is entitled to three bronze service stars for wear on his already-awarded VSM.

	d.  The applicant qualified for award of the RVN Campaign Medal with Device (1960).

	e.  General orders awarded the applicant's unit the RVN Gallantry Cross with Palm Unit Citation.


4.  The applicant served a period of continuous, honorable active duty enlisted service from 31 May 1966 through 24 May 1968.

   a.  There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the first award of the AGCM.

   b.  He was promoted to SP5 (E-5) and he received all "excellent" conduct and efficiency ratings during his service.

   c.  He was recognized with 17 awards of the Air Medal for meritorious achievement in the RVN.

   d.  Despite the absence of the unit commander's recommendation for award of the AGCM at the time of the applicant's separation processing, based on the available evidence, it would be appropriate to award the applicant this medal.

5.  Therefore, it would be appropriate to correct the applicant's DD Form 214 to show his foreign service in the RVN and his awards and decorations, as recommended below.

BOARD VOTE:

____x___  ____x___  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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:

   a.  awarding him the Army Good Conduct Medal (1st Award) for the period 
31 May 1966 through 24 May 1968  (Standard Name Line:  SP5, 135th Aviation Company);

	b.  deleting all of the award entries from item 24 of his DD Form 214; and


	c.  adding the following awards to item 24 of his DD Form 214:

* Air Medal (17th Award)
* Army Good Conduct Medal (1st Award) 
* National Defense Service Medal
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Aircraft Crewman Badge
* Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar
* Marksman Marksmanship Qualification Badge with (M-16) Rifle and (.38 Caliber) Pistol Bars

	d.  adding to item 30 of his DD Form 214:  "Vietnam Service:  2 October 1967-23 May 1968."
 



      _______ _   _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)                                         AR20130017986



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ABCMR Record of Proceedings (cont)                                         AR20130017986



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