IN THE CASE OF: BOARD DATE: 19 October 2017 DOCKET NUMBER: AR20160003380 BOARD VOTE: ___x_____ ___x___ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 19 October 2017 DOCKET NUMBER: AR20160003380 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 amending his DD Form 214 (Armed Forces of the United States Report of Transfer of Discharge) for the period ending 2 December 1969 by deleting the Vietnam Service Medal and adding the Army Commendation Medal, the Vietnam Service Medal with four bronze service stars, and the Republic of Vietnam Gallantry Cross with Palm 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. IN THE CASE OF: BOARD DATE: 19 October 2017 DOCKET NUMBER: AR20160003380 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 2 December 1969, to show he was awarded the Army Commendation Medal (ARCOM), as well as other, unspecified awards and decorations he earned for his service in the Republic of Vietnam. 2. The applicant states his DD Form 214 does not show the ARCOM. 3. The applicant provides General Orders Number 5136, issued by Headquarters, 1st Aviation Brigade, on 11 October 1969 and a copy of his DD Form 214. 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 26 January 1968. He completed his initial entry training and was awarded military occupational specialty (MOS) 67A (Aircraft Maintenance Crewman). 3. The applicant served in the Republic of Vietnam from on or about 2 December 1968 through on or about 1 December 1969, while assigned to Headquarters and Headquarters Company (HHC), 10th Combat Aviation Battalion, in MOS 71H (Personnel Specialist). 4. General Orders Number 5136, issued by Headquarters, 1st Aviation Brigade, on 11 October 1969, announced the applicant's award of the ARCOM for meritorious service in connection with military operations against a hostile force during the period 1 December 1968 through 30 November 1969. 5. The applicant was honorably released from active duty on 2 December 1969. His DD Form 214 shows he was awarded or authorized the: * Army Good Conduct Medal (1st Award) * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Aircraft Crewman Badge * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Marksman Marksmanship Qualification Badge with Auto Rifle Bar (M-16) REFERENCES: 1. Army Regulation 635-5 (Separations Documents), in effect at the time of the applicant's active duty service, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. 2. Army Regulation 600-8-22 (Military Awards) provides that the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 3 July 1965 through 28 March 1973. A bronze service star will be authorized for wear on the Vietnam Service Medal for participation in each credited campaign. Appendix B shows that during his service in the Republic of Vietnam, participation credit was awarded for the following four campaigns: * Vietnam Counteroffensive Phase VI (2 November 1969 – 22 February 1969) * Tet 69 Counteroffensive 1969 (23 February 1969 – 8 June 1969) * Vietnam Summer-Fall 1969 (9 June 1969 – 31 October 1969) * Vietnam Winter-Spring 1970 (1 November 1969 – 30 April 1970) 3. 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 HHC, 10th Combat Aviation Battalion, the unit to which the applicant was assigned while serving in Vietnam, was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 15 October 1965 through 11 January 1971, by Department of the Army General Orders Number 6, dated 1974. DISCUSSION: 1. General orders awarded the applicant the ARCOM; however it is not shown on his DD Form 214. 2. The applicant's records show he served in the Republic of Vietnam from on or about 2 December 1968 through on or about 1 December 1969; he participated in four campaigns during this period. His DD Form 214 lists the Vietnam Service Medal as an authorized award; however, it does not reflect the four bronze service stars he is authorized for campaign participation. 3. Department of the Army general orders awarded the applicant's unit of assignment in the Republic of Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period in which he was assigned. This unit award is not listed on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017490 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003380 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2