IN THE CASE OF:  	  

		BOARD DATE:  20 October 2015	  

		DOCKET NUMBER:  AR20150003381 


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 completed 2 years of foreign service in the U.S. Army Pacific (USARPAC) instead of 1 year, 2 months and 22 days. 

2.  The applicant states he served in Vietnam from October 1966 to January 1969.  He was assigned to the 52nd Aviation Battalion from October 1966 to November 1967 and to the 155th Assault Helicopter Company from November 1967 to January 1969.  He flew on many missions where Agent Orange was used.  He would like the correct time spent in Vietnam shown on his DD Form 214. 

3.  The applicant provides his DD Form 214 and Special Orders (SO) Number 326, dated 5 December 1968.

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 records show he enlisted in the Regular Army on 18 May 1966.  He was trained in and held military occupational specialty 71H (Personnel Administration Specialist). 

3.  He served in Vietnam from on or about 17 October 1966 to 26 December 1968, a period of 2 years, 2 months, and 10 days.  He was assigned as follows: 

* 2 November 1966 to 16 April 1967, Headquarters and Headquarters Detachment, 52nd Aviation Battalion
* 17 April 1967 to 26 December 1968, 155th Assault Helicopter Company 

4.  SO Number 336, issued by Headquarters, 52nd Aviation Battalion (Flying Dragons) on 13 December 1967 awarded him the Aircraft Crewmember Badge (Permanent).   

5.  General Orders (GO) Number 6094, issued by Headquarters, 1st Aviation Brigade, on 4 September 1968, awarded him the Army Commendation Medal with "V" Device for heroism from 30 January to 4 February 1968.

6.  He was honorably released from active duty on 8 January 1969.  His 
DD Form 214 shows in: 

* Item 22c (Foreign and/or Sea Service), he completed 1 year, 2 months, and 22 days in USARPAC
* Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the: 

* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar
* Vietnam Campaign Medal
* Vietnam Service Medal
* Air Medal
* Army Commendation Medal
* Purple Heart
* 2 overseas service bars
* Good Conduct Medal

* item 30, no entry related to his service in Vietnam, Korea, or Indochina

7.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  Chapter 2, in effect at the time, contained guidance for preparation of the DD Form 214 and stated that item 22c shows the total active duty service performed outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which service was performed. 

8.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  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, campaign participation credit was awarded for the below campaigns.  A silver service star denotes five bronze service stars.

* Vietnam Counteroffensive Phase, 1 July 1966 - 31 May 1967
* Vietnam Counteroffensive Phase III, 1 June 1967 - 29 January 1968
* Tet Counteroffensive, 30 January - 1 April 1968
* Vietnam Counteroffensive Phase IV, 2 April - 30 June 1968
* Vietnam Counteroffensive Phase V, 1 July - 1 November 1968
* Vietnam Counteroffensive Phase VI, 2 November 1968 - 22 February 1969

9.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his service with the 52nd Aviation Battalion (2 November 1966-16 April 1967), this unit was cited for awards of the: 

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 March 1966 to 26 March 1967 by DAGO Number 22, dated 1968 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 27 March 1967 to 17 May 1968 by DAGO Number 21, dated 1979

10.  DA Pamphlet 672-3 shows during his service with the 155th Assault Helicopter Company (17 April 1967-26 December 1968), this unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 15 October 1965 to 11 January 1970, by DAGO Number 6, dated 1974. 

11.  DA 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.  However, in the case of duplicate awards covering the same period of time only one award will be recorded in official military and historical records.

12.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Vietnam from 17 October 1966 to 26 December 1968, a period of 2 years, 2 months, and 10 days.  Item 22c of his DD Form 214 inadvertently credited him with only 1 year, 2 months, and 22 days. 

2.  Additionally, although his foreign service and the last major command (USARPAC) are captured in item 22c of his DD Form 214, as required by the applicable regulation at the time, there will be no harm to the Army or the applicant if his Vietnam service is also listed in item 30 of his DD Form 214.

3.  Furthermore, as related items:

	a.  SO awarded him the Aircraft Crewmember Badge (Permanent) which is not shown on his DD Form 214.

	b.  GO awarded him the Army Commendation Medal with "V" Device for heroism.  His DD Form 214 listed the Army Commendation Medal, but omitted the “V” Device. 

	c.  DAGO awarded his units in Vietnam three awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, none of which are listed on his DD Form 214.  

	d.  He was awarded the Vietnam Service Medal.  Additionally, he participated in six campaigns while serving in Vietnam.  He meets the criteria for award of one silver service star and one bronze service star with his Vietnam Service Medal.

	e.  He completed 2 years, 2 months, and 10 days of foreign service in Vietnam.  This would have qualified him for 4 overseas service bars.  His 
DD Form 214 shows only 2 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:

* deleting from item 22c of his DD Form 214 the entry "1-2-2" and adding the entry "2-2-10"
* deleting from item 24 the Vietnam Service Medal, Army Commendation Medal, and 2 overseas service bars 
* adding to item 24 of his DD Form 214 the Vietnam Service Medal with one silver and one bronze service star, Army Commendation Medal with "V" Device, Aircraft Crewmember Badge, Republic of Vietnam Gallantry Cross with Palm Unit Citation (3rd Award), and 4 overseas service bars
* adding to item 30 (Remarks) of his DD Form 214 the entry "Vietnam Service:  17 October 1966 to 26 December 1968"



      _______ _   _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)                                         AR20150003381



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ABCMR Record of Proceedings (cont)                                         AR20150003381



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