ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 7 October 2019 DOCKET NUMBER: AR20180012789 APPLICANT REQUESTS: * change his Military Occupational Specialty (MOS) 71B20 (Clerk Typist) to Door Gunner on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). * add the Valorous Unit Award for Company B 227th Aviation (Avn) Battalion (BN) * add Republic of Vietnam President Unit Citation * add Republic of Vietnam Civil Action Medal, First Class APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Special Orders Number 50 * DA Form 759 (Individual Flight Record and Flight Certificate-Army) * B Company 227th Assault Helicopter Battalion Unit Awards and Campaigns * Citation – The Air Medal * General Orders Number 203 Valorous Unit Award FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2 The applicant states his DD Form 214 shows he was discharged as 71B20 (Clerk Typist), he believes he should have been discharge as a Door Gunners. His DD Form 214 does not reflect his combat achievements. His unit Company Bravo 227th received the Valorous Unit Award, Republic of Vietnam Campaign Presidential Unit Citation and Republic of Vietnam Civil Action Medal 1st Class but it is not reflected on his DD Form 214. 3. The applicant provides: * Special Orders Number 50 awarding him the MOS 71B20 and withdrawing P70A10 (Basic Army Administration) dated 19 April 1968 * DA Form 759, showing his total hours flown by month and MOS 67A1F (Aircraft Maintenance Apprentice) * B Company 227th Assault Helicopter Battalion Unit Awards and Campaigns * Citation - The Air Medal reflecting the applicant’s name * General Order #203 Valorous Unit Award - 227th Avn Bn 4. A review of the applicant’s service records shows: a. He enlisted into the Regular Army on 24 August 1966. b. He completed training at Fort Ord, CA, and was awarded MOS 70A10 (Clerk Course) on 25 November 1966. He was awarded the MOS 71B20 with effective date of 17 August 1967. c. His DA Form 20 (Enlisted Qualification Record) shows the following: * he departed enroute to U.S. Army Vietnam (USARV) on 29 March 1967 * he was assigned as a 71B to the 41st Civil Affairs Company and further attached to the 29th Civil Affairs Company from 22 April 1967 through 6 December 1968 * he departed the unit enroute to the 15 th Administrative Company on 7 December 1968. He was further assigned as a 71B to Company A, 227th Aviation Battalion * he departed USARV enroute to the continental U.S. for separation processing on 23 March 1969 d. He was honorably released from active duty and transferred to U.S. Army Reserve Control Group (Reinforcement) on 26 March 1969. His DD Form 214 shows his last unit of assignment as B Company, 227th Attack Helicopter Battalion, 1st Cavalry Division, USARV. Item 23a (Specialty Number and Title) shows the entry 71B2O Clerk Typist. His DD Form 214 also shows he was awarded or authorized: * National Defense Service Medal * Air Medal * Army Commendation Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with device (1960) * Marksman Marksmanship Qualification Badge with Rifle Bar (M14) e. He was provided a DD Form 215 (Correction to DD Form 214) on 30 October 1989, correcting his DD Form 214 for the period ending 26 March 1969. The DD Form 215 shows he was awarded the Army Good Conduct Medal and Republic of Vietnam Gallantry Cross with Palm Unit Citation. 5. 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 227th Aviation Battalion was awarded the: * Presidential Unit Citation: 23 Oct - 26 Nov 65, DAGO 40, 67; he was not assigned to the unit during this time period * Valorous Unit Award: 6 Mar 69, DAGO 39, 70, 1 May-29 Jun 70,DAGO 43, 72; he was assigned to the unit on 6 March 1969 * Meritorious Unit Commendation: Sep 65 - Nov 66, DAGO 17, 68; he was not assigned to the unit during this time period * RVN Gallantry Cross w/Palm Unit Citation: 9 Aug 65 - 19 May 69, DAGO 59, 69; May 69 - Feb 70, DAGO 11, 73, amended DAGO 42, 72; 21 Feb 70 - 28 Feb 71, DAGO 42, 72; he was assigned to the unit during a qualifying period * RVN Civil Actions Honor Medal, FC-1: Jan 69 - 1 Feb 70, DAGO 42, 72; he was assigned to the unit during the qualifying period 6. Army Regulation (AR) 635-5 (Separation Documents) DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty).will be issued to provide missing information or to correct any information. Block 23a (Specialty Number and Title) of the DD Form 214 in effect at the time of the applicant's separation reflected the MOS held by the primary MOS held at the time of separation. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found some relief was warranted. The applicant’s contentions were carefully considered. Evidence of record shows he was assigned to the 227th Aviation when the unit was awarded the VUA, and the RVN Civil Actions Honor Medal, First Class. It is known many Soldiers served as door gunners during the Vietnam War who were not infantryman. However, a door gunner is not an MOS. The Board agreed, his record clearly shows 71B was his MOS, which was appropriately listed on his separation document. The Board also agreed he was not assigned to the unit during the time period in which the PUC was approved. The Board also noted his DD Form 214 shows that he was awarded the Vietnam Service Medal (VSM); however, his campaign service stars were not listed. He served in Vietnam for 1 year, 11 months and 12 days. Regulatory guidance shows he is authorized the VSM with 7 bronze service stars. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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 deleting the Vietnam Service Medal from his DD Form 214 for the period ending 26 March 1969, and adding the following awards: * Vietnam Service Medal with 7 bronze service stars * Republic of Vietnam Civil Actions Honor Medal, First Class * 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 changing his military occupational special and adding the Presidential Unit Citation to his DD Form 214. 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 635-8 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214. The DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty. It provides a brief, clear cut record of active duty service at the time of release from active duty, retirement, or discharge. The DD Form 214 is not intended to have any legal effect on termination of a soldier’s service. It states for item 11 (Primary Specialty), (for enlisted Soldiers), from the Enlisted Record Brief, enter the titles of all MOS for at least 1 year and include for each MOS the number of years and months served. For time determination, 16 days or more count as a month. Do not count basic training and advanced individual training. 3. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. 4. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. 5. 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 227th Aviation Battalion was awarded the: * Presidential Unit Citation-23 Oct-26 Nov 65, DAGO 40, 67 * Valorous Unit Award-6 Mar 69, DAGO 39, 70, 1 May-29 Jun 70,DAGO 43, 72 * Meritorious Unit Commendation-Sep 65-Nov 66, DAGO 17, 68 * RVN Gallantry Cross w/Palm-9 Aug 65-19 May 69, DAGO 59, 69; May 69-Feb 70, DAGO 11,73, amended DAGO 42, 72; 21 Feb 70-28 Feb 71, DAGO 42, 72 * RVN Civil Actions Honor Medal, FC-1 Jan 69-1 Feb 70, DAGO 42, 72 6. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180012789 4 1