IN THE CASE OF: BOARD DATE: 3 April 2018 DOCKET NUMBER: AR20160012531 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x____ ___x____ ___x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 3 April 2018 DOCKET NUMBER: AR20160012531 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 from his DD Form 214 the Vietnam Service Medal and b. adding to his DD Form 214 – * Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 Caliber) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) * Vietnam Service Medal with four bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Valorous Unit Award 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 any relief in excess of that described above. ___________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: 3 April 2018 DOCKET NUMBER: AR20160012531 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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to add all awards and decorations he is authorized. 2. The applicant states his DD Form 214 shows the awards and commendations he earned during his first tour of duty in the Republic of Vietnam; however, the awards and commendations for his second tour of duty with the 158th Aviation Company are missing. He states he was with the 158th Aviation Company on his second tour and even if he had done nothing, he would have earned his wings. However, he claims he was a full combat crew chief and requests aviation commendations be added to his record. 3. The applicant provides: * DD Form 214 * Special Orders Number 278 * Page 2 of his DA Form 20 (Enlisted Qualification Record) * a self-authored statement 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 23 September 1969. 3. The applicant served in the Republic of Vietnam for the period 9 March 1970 to 6 October 1971. Item 38 (Record of Assignments) of his DA Form 20 shows he served as a light weapons infantryman while assigned to Company C, 2nd Battalion, 47th Infantry Regiment, 3rd Infantry Brigade for the period 5 April to 23 September 1970 and as an automatic rifleman with Company B, 1st Battalion (Airmobile), 327th Infantry Regiment for the period 24 September 1970 to 5 October 1971. 4. Special Orders Number 9 issued by Headquarters, U.S. Army School/Training Center, Fort McClellan, AL on 14 January 1970, awarded him the Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 caliber). 5. Special Orders Number 16 issued by Headquarters, U.S. Army School/Training Center, Fort McClellan, AL on 23 January 1970, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16). 6. On 27 March 1972 he was honorably released from active duty. He was issued a DD Form 214 upon his release from active duty. a. Item 22c (Statement of Service – Foreign and or Sea Service) shows he served in the U.S. Army Pacific for 1 year, 8 months, and 1 day. b. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) lists the following awards – * National Defense Service Medal * Vietnam Service Medal with one bronze service star * Republic of Vietnam Campaign Medal with Device (1960) * Combat Infantryman Badge * Army Commendation Medal * Bronze Star Medal * Army Good Conduct Medal * 3 overseas service bars c. Item 30 (Remarks) shows his foreign service in the Republic of Vietnam from 9 March 1970 to 6 October 1971 (a period of 1 year, 6 months, and 28 days). 7. The applicant's records contain several orders that show on the standard name line that he was assigned to various units while serving in the Republic of Vietnam. His DA Form 20 does not show he was assigned to the 158th Aviation Company or that he served a second tour in Vietnam. 8. The applicant provides Special Orders Number 278 issued by Headquarters, 101st Airborne Division (Airmobile), dated 5 October 1971. The applicant's standard name line indicates he was assigned to Company B (Assault Helicopter), 158th Aviation Battalion (Airmobile), pending permanent change of station to Fort Benning, GA with a report date of 12 November 1971. REFERENCES: 1. 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. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. This same regulation states a bronze service star is authorized with the Vietnam Service Medal award for each Vietnam campaign a member is credited with participating in. Appendix B shows that during his service in Vietnam, participation credit was awarded for the following four campaigns: * Vietnam Winter-Spring 1970 (1 November 1969 – 30 April 1970) * DA Sanctuary Counteroffensive (1 May – 30 June 1970) * Vietnam Counteroffensive Phase VII (1 July 1970 – 30 June 1971) * Consolidation I (1 July – 30 November 1971) 2. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam. During the period in which the applicant was assigned to the Company C, 2nd Battalion, 47th Infantry Regiment, his unit was cited for award of the: a. Valorous Unit Award for the period 1 May through 29 June 1970 by Department of the Army General Order (DAGO) Number 43, dated 1972; b. Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 29 July 1969 through 20 July 1970 by DAGO Number 55, dated 1971; and c. Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation for the period 26 July 1969 through 20 July 1970 by DAGO Number 55, dated 1971. 3. During the period he was assigned to Company B, 1st Battalion (Airmobile), 327th Infantry Regiment, his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March through 9 October 1971 by DAGO Number 6, dated 1974. 4. Not more than one Republic of Vietnam Gallantry Cross with Palm Unit Citation will be worn by any individual. However, although wear of multiple awards of this unit citation is not authorized, official military personnel and historical records will indicate all awards received. 5. Army Regulation 15-185 (ABCMR), paragraph 2-5 states, the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 caliber) and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16). 2. The record shows the applicant participated in four campaigns during his service in the Republic of Vietnam. However, the Vietnam Service Medal listed on his DD Form 214 does not reflect any bronze service stars to indicate his campaign participation. 3. General orders awarded his units in Vietnam two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and a Valorous Unit Award during his periods of assignment. 4. The Board begins its consideration of each case with a presumption of regularity, i.e., that what Army records reflect is correct. The burden of proving otherwise rests with the applicant. Unfortunately, the applicant's records are void of definitive evidence which shows the applicant's period of assignment to the 158th Aviation Company. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160012531 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160012531 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2