IN THE CASE OF:  	  

		BOARD DATE:  3 December 2014	  

		DOCKET NUMBER:  AR20140005550 


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 the: 

* Republic of Vietnam Gallantry Cross with Silver Star
* Air Medal with 18 oak leaf clusters (OLC)
* Army Commendation Medal
* Expert Marksman Marksmanship Qualification Badge with Pistol Bar

2.  The applicant states the requested awards are either not shown or are incorrectly shown on his DD Form 214.

3.  The applicant provides:

* DD Form 214
* Foreign document titled "Viet-Nam Cong -Hoa"
* Another foreign document titled "HIEP"
* Citation for the Air Medal, 4th through 18th OLC
* General Orders (GO) Number 3931, Air Medal 11th through 18th OLC
* Certificate for award of the Air Medal 4th through 18th OLC
* Certificate for award of the Army Commendation Medal
* Special Orders (SO) Number 45 for award of the Expert Marksmanship Qualification Badge with Pistol Bar
* Discharge orders


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 appointed as a Reserve commissioned officer and executed an oath of office on 14 June 1964.  He was trained as a Fixed Wing Aviator.  He entered active duty on 1 July 1964.  

3.  SO Number 45, issued by Headquarters, Artillery Aviation Command, Fort Sill, OK, awarded him the Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber). 

4.  He served in Vietnam from 23 July 1966 to 19 June 1967.  He was assigned to the 74th Aviation Company, 1st Aviation Group.  Headquarters, 1st Aviation Group published the following orders awarding him selected awards: 

* GO Number 850, on 10 November 1966, the Air Medal for meritorious achievement from 25 August to 9 September 1966
* GO Number 1576, on 11 December 1966, the Air Medal (2nd OLC), for meritorious achievement from 2 to 18 October 1966
* GO Number 1571, on 11 December 1966, the Air Medal (3rd OLC), for meritorious achievement from 19 to 29 October 1966
* GO Number 993, on 22 March 1967, the Air Medal (4th through 9th OLC), for meritorious achievement from 30 October 1966 to 21 January 1967
* GO Number 1056, on 28 March 1967, the Air Medal (10th OLC), for meritorious achievement from 22 January to 2 February 1967
* GO Number 3324, on 14 July 1967, the Army Commendation Medal for meritorious service from August 1966 to June 1967
* GO Number 3931, on 15 August 1967, the Air Medal (11th through 18th OLC), for meritorious achievement from 2 February to 3 June 1967

5.  On 20 September 1967, Headquarters, U.S. Army Vietnam (USARV) authorized the applicant to accept and wear the Republic of Vietnam Gallantry Cross with Silver Star for heroic action on 3 March 1967.

6.  He was honorably released from active duty on 21 June 1967.  His DD Form 214 shows he was awarded or authorized the: 

* National Defense Service Medal
* Army Aviator Badge
* Distinguished Flying Cross
* Air Medal with 3rd OLC
* Vietnam Service Medal
* Vietnam Campaign Medal
* one overseas service bar
* Purple Heart

7.  A review of his records indicates his entitlement to additional awards which are not listed on his DD Form 214. 

8.  Army Regulation 600-8-22 (Military Awards) provides for award of the Vietnam Service Medal.  A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam from 23 July 1966 to 19 June 1967, participation credit was awarded for the Vietnam Counteroffensive Phase (1 July 1966 to 31 May 1967) and Vietnam Counteroffensive Phase III (1 June 1967 to 29 January 1968) campaigns. 

9.   Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.

10.  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 74th Aviation Company was cited for the below awards.  This regulation further states that although wear of multiple awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation is not authorized, official military personnel and historical records will indicate all awards received. 

* Meritorious Unit Commendation, for service from 1 January to 31 December 1967, in Department of the Army General Orders (DAGO) Number 22, dated 1968
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March 1966 to 26 March 1967, in DAGO Number 22, dated 1968
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 27 March 1967 to 17 May 1968, in DAGO Number 46, dated 1969

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Air Medal with 18th OLC (or 19 awards).  His DD Form 214 did not list all his awards of the Air Medal.  Therefore, he is entitled to correction of his DD Form 214 to show all 19 awards of the Air Medal. 

2.  Headquarters, USARV, authorized the applicant to accept and wear the Republic of Vietnam Gallantry Cross with Silver Star for heroic action on 3 March 1967.  Therefore, he is entitled to correction of his DD Form 214 to show this foreign award. 

3.  SO awarded him the Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber).  Therefore, he is entitled to correction of his DD Form 214 to show this badge. 

4.  GO awarded him the Army Commendation Medal which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award. 

5.  He was awarded the Vietnam Service Medal.  He also participated in two campaigns during his service in Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

6.  GO awarded his unit in Vietnam the Meritorious Unit Commendation and two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show these unit awards.

7.  He served in Vietnam from 23 July 1966 to 19 June 1967.  This entitles him to two overseas service bars and correction of his DD Form 214 accordingly.
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:

* deleting from his DD Form 214 the Air Medal (3rd OLC), Vietnam Service Medal, and one overseas service bar
* adding to his DD Form 214 the: 

* Army Commendation Medal
* Air Medal with 18th OLC (or 19 awards)
* Republic of Vietnam Gallantry Cross with Silver Star
* Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)
* Vietnam Service Medal with two bronze service stars
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* two overseas service bars



      ___________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)                                         AR20140005550





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ABCMR Record of Proceedings (cont)                                         AR20140005550



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