IN THE CASE OF:	  

		BOARD DATE:	  24 July 2014

		DOCKET NUMBER:  AR20130021356 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of:

* Valorous Unit Award
* Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation

2.  The applicant states he just found out about these awards.

3.  The applicant provides copies of:

* DD Form 214
* Information paper, "The 170th Assault Helicopter Company: 'The Bikini's'"

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.  On 13 July 1965, the applicant was inducted into the Army of the United States.  He completed his initial training and was awarded military occupational specialty (MOS) 67N (Single Rotor Turbine Utility Helicopter Mechanic).

3.  On or about 21 December 1965, the applicant departed the United States for duty in the RVN.

	a.  On 8 January 1966, he was assigned for duty with the 170th Aviation Company.

	b.  On 16 June 1967, he was promoted to specialist five, pay grade E-5.

	c.  On 3 July 1967, he departed the RVN and returned to the United States.

4.  On 6 July 1967, he was honorably released from active duty.  His DD Form 214 shows his awards as:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Air Medal with 19 Oak Leaf Clusters

5.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that his conduct and efficiency ratings were “excellent.”  The applicant’s records do not contain any evidence of disciplinary action.  There is no evidence to show that the commander took any action to deny him the Army Good Conduct Medal.

6.  Army Regulation 600-8-22 (Military Awards):

	a.  Appendix B of this regulation shows that based on the applicant's dates of service in the RVN, he participated in the following three campaign periods:

* the Vietnam Counteroffensive
* the Vietnam Counteroffensive, Phase II
* the Vietnam Counteroffensive, Phase III

	b.  This same regulation authorizes a bronze service star for wear on the Vietnam Service Medal for participation in each campaign.
7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the RVN.  This publication shows that the 170th Aviation Company, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 40, dated in 1967 for award of the Valorous Unit Award; and in DAGO Number 22, dated in 1968 for award of  the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

8.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who had completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his DD Form 214 should be corrected to show award of:

* Valorous Unit Award
* Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation

2.  The applicant’s records clearly show that he distinguished himself in the performance of his military service as evidenced by his attaining the rank of specialist five and achieving "excellent" conduct and efficiency ratings.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal for the period from 13 July 1965 to 6 July 1967.

3.  Records show that the applicant participated in three campaign periods during his service in the RVN.  Therefore, he is eligible for award of three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

4.  The applicant’s unit was cited in general orders for award of the Valorous Unit Award.  Therefore, his records should be corrected to show this unit award.

5.  Records show that the applicant's unit was also cited in general orders for award of the RVN Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.



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 for the period 13 July 1965 to 6 July 1967;

	b.  deleting the Vietnam Service Medal from his DD Form 214; and

	c.  showing, in addition to the awards already shown on his DD Form 214, these awards:

* Army Good Conduct Medal
* Valorous Unit Award
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation



      _______ _   __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)                                         AR20130021356



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ABCMR Record of Proceedings (cont)                                         AR20130021356



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