IN THE CASE OF: BOARD DATE: 1 March 2012 DOCKET NUMBER: AR20110024904 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 Air Medal and any other Vietnam-related awards. 2. The applicant states he served in Pleiku, Vietnam and he did not receive the Air Medal. 3. The applicant provides 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's records show he enlisted in the Regular Army on 15 August 1968 and he held military occupational specialty 67N (UH-1 Helicopter Repairman). 3. Special Orders (SO) Number 274, issued by Headquarters, U.S. Army Training Center, Infantry and Fort Lewis, Fort Lewis, WA, dated 1 October 1968, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). 4. SO Number 70, issued by Headquarters, U.S. Army Transportation School, Fort Eustis, VA, dated 10 April 1969, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). 5. He served in Vietnam with the 92nd Aviation Company (Assault Helicopter) from 12 May 1969 to 11 April 1970. 6. Headquarters, 1st Aviation Brigade, issued the following General Orders (GO): * GO Number 2080, dated 4 April 1970, awarding him the Air Medal * GO Number 10159, dated 14 October 1970, awarding him the Air Medal (2nd through 24th Award) 7. On 23 June 1971, he was honorably released from active duty and transferred to the U.S. Army Reserve to complete his remaining service obligation. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the: * National Defense Service Medal * Vietnam Campaign Medal with "1960" Device * Vietnam Service Medal with two bronze service stars 8. A review of the applicant's records shows entitlement to additional awards and decorations that are not shown on his DD Form 214. 9. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during his period of service in Vietnam, the 92nd Aviation Company was awarded the: * Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 15 October 1965 to 11 January 1971, based on DAGO Number 6, dated 1975 * Republic of Vietnam Gallantry Cross with Gold Star for service from January to December 1970, based on DAGO Number 5, dated 1973 10. Appendix B of Army Regulation 600-8-22 shows that during his service in Vietnam participation credit was awarded for the campaigns below. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign: * Tet 69 Counteroffensive, 23 February to 8 June 1969 * Vietnam Summer-Fall 1969, 9 June to 31 October 1969 * Vietnam Winter-Spring 1970, 1 November 1969 to 30 April 1970 DISCUSSION AND CONCLUSIONS: 1. GOs awarded the applicant the Air Medal (1st through 24th Award) which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these awards. 2. GOs awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Gallantry Cross with Gold Star, neither of which are listed on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these awards. 3. He was awarded the Vietnam Service Medal. Additionally, he participated in three campaigns while serving in the Republic of Vietnam; therefore, he is entitled to three bronze service stars in lieu of two bronze service stars to be affixed to his already-awarded Vietnam Service Medal. 4. SOs awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), neither of which are listed on his DD Form 214. Therefore, he is entitled to correction of his DD Form 214 to show both badges. 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 amending his DD Form 214 by: a. deleting the Vietnam Service Medal with two bronze service stars from item 24. b. adding the following awards to item 24: * Air Medal (1st through 24th Award) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Gallantry Cross with Gold Star * Vietnam Service Medal with three bronze service stars * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) _______ _ 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) AR20110024904 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110024904 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1