IN THE CASE OF:	  

		BOARD DATE:	  21 April 2015

		DOCKET NUMBER:  AR20140012885 


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 or authorized the Army Good Conduct Medal and the Valorous Unit Award.

2.  The applicant states he is entitled to the Army Good Conduct Medal and the Valorous Unit Award.

3.  The applicant provides Headquarters, U.S. Army Vietnam/Military Assistance Command Vietnam, Support Command, General Orders Number 1783, dated 2 August 1972.

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 enlisted in the Regular Army on 14 March 1962.  He held military occupational specialty 141.60 (Light and Medium Field Artillery Crewman) and attained the rank/grade of sergeant (SGT)/E-5.

3.  He was honorably discharged on 18 March 1963 to accept a commission as a Reserve commissioned officer in the U.S. Army Reserve (USAR).  His DD Form 214 shows he was awarded the Army Good Conduct Medal (1st Award) and the Marksman Marksmanship Qualification Badge with Rifle Bar.

4.  His DA Form 71 (Oath of Office – Military Personnel) shows he was appointed as a Reserve commissioned officer on 19 March 1963. 

5.  His DA Form 220 (Active Duty Report) shows he entered active duty on 
19 March 1963.

6.  His DA Form 66 (Officer Qualification Record) and DA Form 66B (Insert Sheet to DA Form 66) show:

	a.  He was assigned to Germany from 18 May 1964 to 23 May 1966, where he served with Headquarters, 3rd Battalion, 37th Artillery Regiment from 27 May 1964 to 23 May1966.

	b.  He was assigned to Vietnam from 21 October 1966 to 14 October 1967, where he served with the 131st Aviation Company, 223rd Aviation Battalion, 17th Aviation Group from 3 November 1966 to 13 October 1967.

	c.  Item 21 (Awards and Decorations) lists the Army Good Conduct Medal (1st Award).

	d.  He qualified as a marksman with the rifle (M-16) and the pistol (.45 caliber) on 3 September 1967. 

7.  He was honorably released from active duty on 28 June 1968.  His DD Form 214 for the period ending on 28 June 1968 shows he completed 5 years,           
3 months, and 10 days of net active service, of which 3 years was credited as foreign service.  Additionally, item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded or authorized the following awards:

* Distinguished Flying Cross
* Air Medal (24th Award)
* Army Commendation Medal (3rd Award) with "V" Device
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Aviator Badge
* one overseas service bar

8.  Army Regulation 600-8-22 (Military Awards) states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  Appendix B shows that during his service in Vietnam, he was credited with participating in the following two campaigns:

* Vietnam Counteroffensive, Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive, Phase III (1 June 1967 - 29 January 1968)

9.  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 131st Aviation Company was cited for award of the:

	a.  Valorous Unit Award for the period 1 June 1966 to 31 December 1968 by Department of the Army General Order (DAGO) Number 5, dated 1973

	b.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period:

* 1 March 1966 to 26 March 1967, by DAGO Number 22, dated 1968
* 27 March 1967 to 17 May 1968, by DAGO 43, dated 1970, and amended by DAGO number 21, dated 1969

10.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  In pertinent part, it provides that 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.  One overseas service bar is 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.  The month of arrival and the month of departure are counted as whole months for credit toward the Overseas Service Bar.

11.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army.  It established standardized policy for preparing and distributing the DD Form 214.  The instructions specified for item 24 to enter all decorations, service medals, campaign credits, and badges awarded or authorized from section 21 of the individual's DA Form 66 (Enlisted Qualification Record).

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 for the period ending 18 March 1963 shows he was awarded the Army Good Conduct Medal and item 21 of his DA Form 66 lists the Army Good Conduct Medal (1st Award).  Therefore, he entitled to correction of his DD Form 214 for the period ending 28 June 1968 to show this award. 

2.  DAGO awarded his unit the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. These unit awards are not shown on his DD Form 214 for the period ending 28 June 1968; therefore, he is entitled to correction of his DD Form 214 for the period ending on 28 June 1968 to show these unit awards.

3.  The evidence of record shows he participated in two campaigns during his service in Vietnam.  Therefore, he is entitled to have two bronze service stars affixed to his previously-awarded Vietnam Service Medal and to correction of his DD Form 214 for the period ending on 28 June 1968 to show these bronze service stars.

4.  His DA Form 66 shows he qualified as a marksman with the rifle (M-16) and the pistol (.45 caliber) on 3 September 1967.  Therefore, he is entitled to correction of his DD Form 214, for the period ending 28 June 1968, to add the Marksmanship Qualification Badge with Rifle Bar (M-16) and Pistol Bar (.45 caliber).

5.  He served in Vietnam for 12 months; therefore, he is entitled to correction of his DD Form 214 for the period ending on 28 June 1968 to show two overseas service bars.

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.  amending item 24 of his DD Form 214 for the period ending 28 June 1968 by deleting the Vietnam Service Medal and one overseas service bar; and

	b.  adding to item 24 of his DD Form 214 for the period ending on 28 June 1968 the following awards:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Valorous Unit Award 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Marksmanship Qualification Badge with Rifle Bar (M-16) and
Pistol Bar (.45 caliber)
* 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)                                         AR20140012885





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ABCMR Record of Proceedings (cont)                                         AR20140012885



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