IN THE CASE OF: 

		BOARD DATE:	  24 July 2014

		DOCKET NUMBER:  AR20130021831 


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 for the period ending 13 February 1967 to show awards for his service in Vietnam, including "combat ribbons," the Vietnam Service Medal, and the Republic of Vietnam (RVN) Campaign Medal with Device (1960).  

2.  He states awards for his Vietnam service were omitted.  He had to leave Vietnam due to an emergency, and the correct medals were not recorded in his discharge paperwork.

3.  He provides his DD Form 214 for the period ending 13 February 1967 and a DA Form 759 (Individual Flight Record – Army Aviator).

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 had prior enlisted service in the Army National Guard, Army of the United States, and U.S. Army Reserve (USAR).  

3.  On 8 October 1964, he enlisted in the Regular Army.  

4.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in France and Germany from 15 January 1965 through 26 February 1966.  His record is void of documentation showing he served in Vietnam during his enlisted service.

5.  On 13 February 1967, after completing the Warrant Officer (WO) Rotary Wing Aviator Course, he was discharged to accept appointment as a WO.  The DD Form 214 issued at that time shows he was awarded or authorized the:

* National Defense Service Medal (2nd Award)
* Army Good Conduct Medal (2nd Award)
* Expert Marksmanship Qualification Badge with Rifle and Pistol Bars

6.  On 14 February 1967, he took the oath of office as a Reserve WO.  He entered active duty in that status on the same day.  

7.  His DA Form 66 (Officer Qualification Record) shows in:

* item 17 (Foreign Service), in part – he served in Vietnam from 7 July to 11 October 1967
* item 18 (Record of Assignments) – he was assigned to Company B, 9th Aviation Battalion, 9th Infantry Division, from 11 July to 10 October 1967

8.  On 20 July 1968, he was honorably relieved from active duty and transferred to the USAR Control Group (Reinforcement).  The DD Form 214 issued at that time shows he was awarded or authorized the:

* Army of Occupation Medal (Germany)
* National Defense Service Medal
* Vietnam Service Medal
* Air Medal (2nd Award)
* Army Aviator Badge

9.  He provides a DA Form 759 showing he was reassigned to the Presidio of San Francisco, CA, on 11 December 1967 from emergency leave.

10.  Army Regulation 600-8-22 (Military Awards) states 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.  Also eligible for this award are individuals who qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and served for less than 6 months but:

* were wounded as a result of hostile action 
* were captured by hostile forces but later escaped or were rescued or released
* were killed in action or otherwise in line of duty

11.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the VSM, for each credited campaign.  The Vietnam campaigns are listed in appendix B.  During his service in Vietnam, he participated in one campaign:  Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968).

12.  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 the 9th Aviation Battalion was awarded the:  

* Valorous Unit Award for actions on 2 September 1967, by Department of the Army General Order (DAGO) Number 43, dated 1968
* Meritorious Unit Commendation for the period 13 February 1967 to 31 January 1969, by DAGO 36, dated 1970
* RVN Gallantry Cross with Palm Unit Citation for the period 1 December 1966 to 30 January 1968, by DAGO 31, dated 1969
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 to 28 June 1969, by DAGO 59, dated 1969

DISCUSSION AND CONCLUSIONS:

1.  The applicant did not serve in Vietnam prior to his discharge on 13 February 1967.  As a result, there was not then and there is not now any basis for listing awards for Vietnam service on the DD Form 214 for the period ending 13 February 1967.  

2.  He did serve in Vietnam as a WO during the period of service ending 20 July 1968, and the DD Form 214 documenting this period of service partially shows the awards he was authorized based on his service in Vietnam.  

3.  His participation in one campaign during his Vietnam service entitles him to one bronze service star for wear on his already-awarded VSM.  His DD Form 214 for the period ending 20 July 1968 should be corrected to show this bronze service star.

4.  He served in the 9th Aviation Battalion during a period for which the unit was cited for award of the Valorous Unit Award, Meritorious Unit Commendation, RVN Gallantry Cross with Palm Unit Citation, and RVN Civil Actions Honor Medal First Class Unit Citation.  He is entitled to correction of his DD Form 214 for the period ending 20 July 1968 to show these unit awards.  

5.  His service in Vietnam did not meet the eligibility criteria for the RVN Campaign Medal with Device (1960).  He is not entitled to correction of his record to show this 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 amending his DD Form 214 for the period ending 20 July 1968 as follows:

	a.  delete the Vietnam Service Medal and

	b.  add the – 

* Vietnam Service Medal with one bronze service star
* Valorous Unit Award
* Meritorious Unit Commendation
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation

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 the RVN Campaign Medal with Device (1960) and adding awards for Vietnam service to his DD Form 214 for the period ending 13 February 1967.  



      ___________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)                                         AR20130021831





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ABCMR Record of Proceedings (cont)                                         AR20130021831



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