IN THE CASE OF:	  

		BOARD DATE:	  28 April 2015

		DOCKET NUMBER:  AR20140014338 


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) for the period ending 22 September 1972 to show:

* his date of birth (DOB) as 8 September 1947
* award of the Bronze Star Medal (BSM) and Air Medal
* his date of entry as 12 or 13 December 1966

2.  The applicant states:

* his DOB should be 8 September 1947 instead of 8 September 1945
* his DD Form 214 for the period ending 22 September 1972 does not show the BSM or Air Medal
* his initial entry date was 12 or 13 December 1966
* these are factual errors or omissions

3.  The applicant provides:

* DD Form 214 for the period ending 22 September 1972
* birth certificate
* BSM Certificate
* Air Medal Certificate and 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 inducted into the Army of the United States on 14 December 1966.  His DD Form 47 (Record of Induction) shows his DOB as 8 September 1947.

3.  On 24 September 1967, he was honorably discharged to accept a commission.  His DD Form 214 for the period ending 24 September 1967 shows in:

* item 9 (DOB) – 8 September 1947
* item 10c (Date Inducted) – 14 December 1966
* item 22a(1) (Net Service This Period) – 9 months and 11 days

4.  He was commissioned as a second lieutenant in the U.S. Army Reserve on 25 September 1967 with concurrent order to active duty.

5.  He arrived in Vietnam on 4 February 1969.  He served as a helicopter pilot assigned to Company A, 123rd Aviation Battalion, from 12 February 1969 to 3 February 1970.

6.  Headquarters, Americal Division, General Orders Number 3265, dated 9 May 1969, show he was awarded the Air Medal.

7.  His records contain Headquarters, Americal Division, General Orders Number 565, dated 14 January 1970, showing he was awarded the BSM for meritorious service in the Republic of Vietnam during the period February 1969 to February 1970.

8.  He provided a BSM Certificate, dated 19 February 1970, showing he was awarded the BSM for meritorious achievement in ground operations against hostile forces in the Republic of Vietnam during the period February 1969 to February 1970.

9.  His records contain Headquarters, Americal Division, General Orders Number 2259, dated 10 March 1970, showing Headquarters, Americal Division, General Orders Number 565, dated 14 January 1970, were amended to delete the applicant's name.

10.  He participated in four campaigns during this tour of duty in Vietnam.

11.  He returned to Vietnam on 10 February 1971 and he was assigned to the following units:

* Headquarters and Headquarters Company, 223rd Combat Aviation Battalion, from 15 February 1971 to 31 May 1971
* 48th Assault Helicopter Company from 1 June 1971 to 14 July 1971
* 62nd Aviation Company from 15 July 1971 to 19 January 1972

12.  He participated in three campaigns during this tour of duty in Vietnam.

13.  Headquarters, 1st Aviation Brigade, General Orders Number 1519, dated 26 May 1972, show he was awarded the Air Medal (2nd through 7th Award) for the period 13 February 1971 to 21 December 1971.

14.  On 22 September 1972, he was honorably released from active duty.  His DD Form 214 for the period ending 22 September 1972 shows in:

* Item 9 (DOB) – 8 September 1945
* 11d (Effective Date) – 22 September 1972
* item 17c (Date of Entry) – 25 September 1967
* item 22a(2) (Other Service) – 9 months and 10 days (his prior enlisted service from 14 December 1966 to 24 September 1967)

15.  This DD Form 214 also shows he was awarded or authorized the:

* National Defense Service Medal
* Army Aviator Badge
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* four overseas service bars

16.  His DA Form 66 (Officer Qualification Record) does not show the BSM as an authorized award.
17.  Army Regulation 600-8-22 (Military Awards) states the BSM is awarded in time of war for heroism and for meritorious achievement or service not involving participation in aerial flight in connection with military operations against an armed enemy or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

18.  Army Regulation 600-8-22 states Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The numeral 2 denotes the second award of the Air Medal.

19.  Army Regulation 600-8-22 states a bronze service star is worn on the Vietnam Service Medal for each credited campaign.  A silver service star is authorized in lieu of five bronze service stars.

20.  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:

* 123rd Aviation Battalion was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period 24 August through 31 December 1969 by Department of the Army General Orders Number 42, dated 1972
* Headquarters and Headquarters Company, 223rd Combat Aviation Battalion, was awarded the Valorous Unit Award for the period 3 February 1971 to 24 March 1971 and the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 October 1970 to 31 August 1972

21.  Department of the Army Pamphlet 672-3 states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  

22.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents furnished to each individual separated from the Army and established standardized procedures for preparation and distribution of these documents.  It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It further stated to enter the date of entry on active duty 
or the date active duty enlistment or reenlistment was accomplished in item 17c.  The date entered in this item will be the earliest active duty date not previously covered by a DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The entries on the applicant's DD Form 47 and DD Form 214 for the period ending 24 September 1967 showing his DOB as 8 September 1947 are accepted as sufficient evidence on which to amend the DOB shown in item 9 of his DD Form 214 for the period ending 22 September 1972.

2.  The BSM Certificate provided by the applicant and the January 1970 BSM orders were noted.  However, these BSM orders were amended in March 1970 and his name was deleted from these orders.  There is no evidence he was awarded the BSM for other service or achievement.  Therefore, there is insufficient evidence on which to base adding this award to his DD Form 214.

3.  Orders show he was awarded seven Air Medals.  Therefore, his DD Form 214 should be corrected to show award of the Air Medal with Numeral 7.

4.  The DD Form 214 is a "snapshot in time" and is a reflection of the applicant's record of active Army service at the time of his separation from active duty.  His request to amend his date of entry on his DD Form 214 for the period ending 
22 September 1972 was noted.  However, the evidence shows he was inducted into the Army of the United States on 14 December 1966 which is properly shown in item 10c of his DD Form 214 for the period ending 24 September 1967.  He was discharged on 24 September 1967 to accept a commission.  A copy of this DD Form 214 will be provided to the applicant.

5.  He was commissioned on 25 September 1967 and immediately ordered to active duty.  He was released from active duty on 22 September 1972.  Both dates are properly shown on his DD Form 214 for the period ending 22 September 1972.  His prior enlisted service is also properly shown in item 22a(2) of this DD Form 214.  Therefore, there is no basis for granting the applicant's request to correct his DD Form 214 for this period to show an earlier date of entry in item 17c.

6.  He participated in seven campaigns during his assignments in Vietnam which authorizes him award of the Vietnam Service Medal with one silver service star and two bronze service stars.  His DD Form 214 should be corrected to show these service stars.

7.  His units in Vietnam, the 123rd and 223rd Aviation Battalions, were each awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to those units and the 223rd was also awarded the Valorous Unit Award.  Therefore, his DD Form 214 should be corrected to show these unit awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

	a.  deleting the current entry in item 9 of his DD Form 214 for the period ending 22 September 1972 and replacing it with the entry "8 Sep 47" and 

	b.  adding the following awards to his DD Form 214 for the period ending 22 September 1972:

* Air Medal with Numeral 7
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* one silver service star and two bronze service stars with his already-awarded Vietnam Service Medal

2.  The Board further determined 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 adding the BSM to his DD Form 214 for 


the period ending 22 September 1972 or amending his date of entry for this same DD Form 214.



      _____________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)                                         AR20140014338



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140014338



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1