IN THE CASE OF:	  

		BOARD DATE:	  9 June 2015

		DOCKET NUMBER:  AR20140017747 


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 Presidential Unit Citation.  

2.  The applicant states he was assigned to the 604th Transportation Detachment from 6 May 1967 to 22 November 1968.  The chain of command was the 604th Transportation Detachment, 189th Aviation Company, and the 52nd Aviation Battalion.  Department of the Army General Orders (DAGO) Number 38, dated 20 July 1971, awarded the 52nd Aviation Battalion the Presidential Unit Citation for actions taken from 29 October 1967 through 30 November 1967.  Since the award was approved after he was honorably discharged, it did not make it into his record.

3.  The applicant provides:

* DD Form 214
* two DD Forms 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty)
* DA Form 20 (Enlisted Qualification Record)
* an After Action Report
* three pages titled Headquarters and Headquarters Company (HHC), 52nd Aviation Battalion
* four pages titled 189th Assault Helicopter Company (AHC)
* eight pages regarding the organizational structure of the 52nd Combat Aviation Battalion (CAB) in Vietnam
* 68 pages of various documents regarding unit awards for actions in Vietnam in October and November 1967
* two orders
* Army Board for Correction of Military Records (ABCMR) Record of Proceedings Docket Number AR20090013337
* page 38 of DA Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register)
* National Archives (NA) Form 13164 (Information Releasable Under the Freedom of Information Act)
* two Standard Forms 180 (Request Pertaining to Military Records

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 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 1 December 1965 and he held military occupational specialty 68B (Aircraft Engine Repairman).  He served in Vietnam from 4 May 1967 to 11 December 1968 while assigned to the 604th Transportation Detachment.

3.  He provides a report authored by Headquarters (HQ), 52nd CAB, Vietnam, dated 10 December 1967, subject:  After Action Report, Operation MAC ARTHUR (AO SPAATZ), 25 October - 30 November 1967, wherein it stated the report covered Operation MAC ARTHUR (AO SPAATZ) in the vicinity of Dak To, Vietnam, for the period 25 October - 30 November 1967.  It described the mission of the 52nd CAB during the operation and stated the participating units organic to the 52nd CAB included, in part, the 189th AHC and the 604th Transportation Detachment which was organic to the 189th AHC.

4.  He was honorably released from active duty on 14 December 1968.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Medals Awarded or Authorized) of the DD Form 214 he was issued shows he was awarded or authorized the:

* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Vietnam Service Medal 
* Vietnam Campaign Medal
* 3 Overseas Service Bars
* Air Medal
* Aircraft Crewmember Badge
* Bronze Star Medal
* Soldier’s Medal

5.  On 13 September 2012, he was issued a DD Form 215 wherein it amended his DD Form 214 by deleting the Vietnam Service Medal and adding the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one silver service star and one bronze service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

6.  On 5 November 2012, he was issued a DD Form 215 wherein it amended his DD Form 214 by adding the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

7.  In a memorandum to the NPRC, dated 19 December 2003, the Chief, Military Awards Branch, U.S. Army Human Resources Command (HRC), stated the purpose of the memorandum was to provide information pertaining to an award of the Presidential Unit Citation to the 52nd Aviation Battalion.  The award was announced for the 52nd Aviation Battalion in DAGO Number 38, dated 20 July 1971, for the period 29 October through 30 November 1967.  However, DA Pamphlet 672-3 erroneously shows only HHC, 52nd Aviation Battalion as the recipient of the award.  Please annotate reference files used by NPRC technicians to correctly reflect award of the decoration to any veterans of the 52nd Aviation Battalion.

8.  DA Pamphlet 672-3 lists the awards received by units serving in Vietnam.  It shows HHC, 52nd Aviation Battalion was cited for award of the Presidential Unit Citation for the period 29 October through 30 November 1967, by DAGO Number 38, dated 1971.

9.  Army Regulation 635-5 (Separation Documents) at the time prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214 and DD Form 215.  In part, it states 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.  Once a DD Form 214 has been issued, do not reissue, except when two DD Forms 215 have been issued and an additional correction is required. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms GO awarded the applicant's unit, the 604th Transportation Detachment, the Presidential Unit Citation which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

2.  As his records already contain two DD Forms 215 and an additional correction is required, all previously-issued separation documents should be voided and a new DD Form 214 should be issued to show all corrections.
 
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 voiding his DD Form 214 and DD Forms 215, dated 13 September 2012 and 5 November 2012; and issuing him a new DD Form 214 with the following corrections:

* Item 24 list the:

* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Vietnam Service Medal with one silver service star and one bronze service star
* Vietnam Campaign Medal
* 3 Overseas Service Bars
* Air Medal
* Aircraft Crewmember Badge
* Bronze Star Medal
* Soldier’s Medal
* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* 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)                                         AR20140017747



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ABCMR Record of Proceedings (cont)                                         AR20140017747



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