BOARD DATE:	  6 March 2015

		DOCKET NUMBER:  AR20140010663 


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 was awarded the Presidential Unit Citation (PUC), Air Medal (AM) (10th Award), and the Army Good Conduct Medal (AGCM).

2.  The applicant states the PUC, AM (10th Award), and AGCM were not listed on his DD Form 214, even though his record shows he earned these awards.

3.  The applicant provides a copy of his DD Form 214 and:

* General Orders Number 70, dated 22 March 1969
* a Certificate of Appreciation, dated 19 November 1970
* an AM award citation

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's military records are not available for review; however, he has provided sufficient documents to conduct a fair and impartial review of this case.

3.  The applicant enlisted in the Regular Army on 20 November 1967, held military occupational specialty 67N (UH-1 Helicopter Repairer), and attained the rank/grade of specialist five (SP5)/E-5.

4.  He was assigned to Vietnam from 13 May 1968 to 16 April 1969 and served with the 119th Helicopter Company, 52nd Aviation Battalion, 1st Aviation Brigade, from at least 15 December 1968 to 22 March 1969.

5.  General Orders Number 763, issued by Headquarters, 1st Aviation Brigade, Vietnam on 15 February 1969, awarded him the AM (1st Award) for meritorious achievement while participating in aerial flight from 15 December 1968 to          28 December 1968.  

6.  General Orders Number 70, issued by Headquarters, 71st Evacuation Hospital on 22 March 1969, show he was wounded in action as a result of hostile enemy action on 21 March 1969 and awarded him the Purple Heart (1st Award).

7.  General Orders Number 3957, issued by Headquarters, 1st Aviation Brigade, Vietnam on 19 May 1970, show he was awarded the AM (2nd-10th Award) for meritorious achievement while participating in aerial flight from 6 January 1969 to 20 March 1969.  

8.  He provides a certificate of appreciation, dated 19 November 1970, issued by General Westmoreland, Chief of Staff of the Army, in recognition of the applicant's active service and as a testimonial of esteem and gratitude for his faithful performance of duty from 20 November 1967 to 19 November 1970.

9.  His record is void of documentation showing he was awarded the AGCM.   

10.  The DD Form 214 he provided shows he was honorably released from active duty on 19 November 1970 after completing 3 years of net active service, of which 11 months and 4 days were credited as foreign service.  Additionally, his DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* AM (1st Award)
* Purple Heart
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)

11.  Army Regulation 600-8-22 paragraph 2-13 contains the regulatory guidance on the Vietnam Service Medal and states 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, participation credit was awarded for the following four campaigns:

* Vietnam Counteroffensive, Phase IV (2 April 1968 - 30 June 1968)
* Vietnam Counteroffensive, Phase V (1 July 1968 - 1 November 1968)
* Vietnam Counteroffensive, Phase VI (2 November 1968 – 22 February 1969)
* TET 69 Counteroffensive (23 February 1969 - 8 June 1969)

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:

	a.  Headquarters, U.S. Army Vietnam and its subordinate units were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 20 July 1965 to 28 March 1973, by Department of the Army General Orders (DAGO) Number 8, dated 1974.

	b.  Headquarters & Headquarters Company, 52nd Aviation Battalion was cited for award of the PUC, for the period 29 October 1967 to 30 November 1967, by DAGO Number 38, dated 20 July 1971.

13.  There is no evidence that shows his unit of assignment in the Republic of Vietnam was awarded the PUC during a period in which he was assigned (emphasis added).

14.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the AGCM was awarded to individuals who completed a qualified 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 and no convictions by a court-martial.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show he was awarded the PUC, AM (10th Award), and the AGCM was carefully considered.

2.  General orders awarded him the AM (2nd – 10th Award), which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these awards.

3.  He participated in four campaigns while serving in Vietnam; therefore, he is entitled to correction of his DD Form 214 to show four bronze service stars affixed to his previously-awarded Vietnam Service Medal.
 
4.  General orders awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to add this unit award.

5.  His record does not contain orders that show he was awarded the AGCM.  Despite this absence, there is no evidence to establish whether or not he received all "excellent" conduct and efficiency ratings during his period of active military service.  Nor does his record contain evidence of any derogatory information that would disqualify him from his initial award of the AGCM.  Lacking such, there is insufficient evidence to award him the AGCM (1st Award) at this time or to correct his DD Form 214 to add this award.

6.  Headquarters & Headquarters Company, 52d Aviation Battalion was cited for award of the PUC by DAGO Number 38, dated 20 July 1971.  However, this award was for the period 29 October 1967 to 30 November 1967.  Since he did not arrive in Vietnam until 13 May 1968, he was not a part of the unit during the period cited for this award.  Therefore, he is not entitled to have this unit award reflected on his DD Form 214.

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 by deleting the Vietnam Service Medal and adding the:

* Air Medal (10th Award) 
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm 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 correcting his record to show he was awarded the Army Good Conduct Medal or the Presidential 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)                                         AR20140010663





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ABCMR Record of Proceedings (cont)                                         AR20140010663



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