RECORD OF PROCEEDINGS


	IN THE CASE OF:	


	BOARD DATE:	  6 March 2007
	DOCKET NUMBER:  AR20060010286 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his military records be corrected to show that he was awarded the Army Commendation Medal with First Oak Leaf Cluster. 

2.  The applicant essentially states that his military records only show that he was awarded one Army Commendation Medal, but that he was awarded two Army Commendation Medals during his Army career. 

3.  The applicant provides a certificate showing that he was awarded his first Army Commendation Medal on 15 December 1969, and another certificate showing that he was awarded the Army Commendation Medal with First Oak Leaf Cluster on 24 October 1974 in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 
31 October 1974, the date of his retirement from the Regular Army.  The application submitted in this case is dated 14 July 2006.

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s military records show that he was inducted into the Army of the United States on 27 August 1952, and served on active duty for two years before being released from active duty on 26 August 1954 and transferred to the United States Army Reserve.  On 14 October 1956, he reentered active duty, and on 26 June 1958, he was appointed a warrant officer.  He retired from the Regular Army on 31 October 1974 after attaining the rank of chief warrant officer four, and completing over 20 years of active duty service.  He served overseas tours in Korea, Alaska, and Hawaii, as well as two tours in Vietnam.  The 
DD Form 214 (Report of Separation From Active Duty) that he was issued at the time of his retirement essentially shows that he was awarded the Air Medal with Numeral 27 Device, the Bronze Star Medal, the Army Commendation Medal, the National Defense Service Medal with One Bronze Service Star, the Vietnam Service Medal with One Silver Service Star, the Republic of Vietnam Campaign Medal, the Armed Forces Reserve Medal, the Army Aviator Badge, and the Senior Army Aviator Badge.  

4.  The applicant’s DD Form 214 that was issued at the time of his retirement only shows that he was awarded one Army Commendation Medal.  However, the applicant provided certificates which show that he was awarded his first Army Commendation Medal on 15 December 1969, and that he was awarded the Army Commendation Medal with First Oak Leaf Cluster on 24 October 1974.  It was noted that orders to corroborate the first award were present in his military records, but there were no orders for the second Army Commendation Medal.  However, it was also noted that he departed his command in Hawaii on 28 June 1974, and had a reporting date to the United States Army Transfer Point, Fort Leonard Wood, Missouri of 1 July 1974.  It was further noted that the applicant requested terminal leave in conjunction with his retirement.  

5.  During a review of the applicant’s records, it was determined that he is entitled to additional awards and decorations that are not shown on his DD Form 214.

6.  The applicant served in Korea from 10 June 1959 to 29 June 1960; however, his DD Form 214 does not show that he was awarded the Korea Defense Service Medal.

7.  The applicant’s DD Form 214 does not show that he was awarded the Air Medal with “V” (for Valor) Device.  However, he was awarded the Air Medal with “V” Device by Headquarters, 1st Aviation Brigade General Orders Number 6052, dated 27 December 1967.

8.  The applicant’s DD Form 214 that was issued at the time of his retirement does not show that he was awarded the Good Conduct Medal.  However, his 
DD Form 214 (Report of Separation From the Armed Forces of the United States) that was issued at the time of his release from active duty on 26 August 1954 shows that he was awarded the Good Conduct Medal.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that at the time of the applicant’s assignment to Company A, 1st Transportation Battalion, the unit was twice cited for award of the Meritorious Unit Commendation by Department of the Army General Orders Numbers 5 and 32, dated 1973.  It also shows that at the time of the applicant’s assignment to the 610th Transportation Detachment, the unit was cited for award 

of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 21, dated 1969, as amended by Department of the Army General Orders Number 46, dated 1969.  This document further shows that at the time of the applicant’s assignment to the 1st Transportation Battalion, the unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 6, dated 1974.

9.  Army Regulation 600-8-22 (Military Awards) states that the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The area of eligibility and period of eligibility are as follows:  

a.  the area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical mile; and

b.  all air spaces above the land and water area.

c.  the period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

d.  service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days, or meet the following criteria:  

      (1)  be engaged in combat during an armed engagement, regardless of the time in the area of eligibility;

      (2)  wounded or injured in the line of duty and required medical evacuation from the area of eligibility; or

      (3)  participating as a regularly assigned air crewmember flying sorties into, out of, or within the area of eligibility in direct support of military operations.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected to show the award of the Army Commendation Medal with First Oak Leaf Cluster.

2.  Although there are no orders in the applicant’s military records to corroborate his second award of the Army Commendation Medal, it is believed that the second certificate provided by the applicant which shows that he was awarded the Army Commendation Medal with First Oak Leaf Cluster for meritorious service July 1974 to October 1974 is authentic.  It is also believed that the order was not in his military records because he had departed his command in Hawaii on 28 June 1974, and had his DD Form 214 issued to him on or about 1 July 1970, nearly 4 months before his second Army Commendation Medal was approved.  In view of the foregoing, it would be in the interest of justice to correct the applicant’s military records to show that he was awarded the Army Commendation Medal with First Oak Leaf Cluster.

3.  The applicant served more than 30 consecutive days in Korea during a qualifying period of service for award of the Korea Defense Service Medal.  Therefore, he is entitled to award of the Korea Defense Service Medal, and correction of his military records to show this award.

4.  General orders awarded the applicant the Air Medal with “V” Device and Numeral 27 Device.  Therefore, he is entitled to correction of his military records to show the award of the Air Medal with “V” Device and Numeral 27 Device.

5.  The applicant was awarded the Good Conduct Medal which is not shown on his DD Form 214 that was issued at the time of his retirement.  Therefore, he is entitled to correction of his DD Form 214 that was issued at the time of his retirement to show the award of the Good Conduct Medal.

6.  General orders twice awarded the Meritorious Unit Commendation to Company A, 1st Transportation Battalion while the applicant was assigned to this unit.  General orders also awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the 610th Transportation Detachment while the applicant was assigned to this unit, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to the 1st Transportation Battalion while the applicant was assigned to this unit.  Therefore, he is entitled to award of the Meritorious Unit Commendation with First Oak Leaf Cluster, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and correction of his military records to show these unit awards.

7.  Records show the applicant should have discovered the alleged error now under consideration on 31 October 1974; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 30 October 1977.  Although the applicant did not file within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file based on the relief being granted in this case.

BOARD VOTE:

__JA____  ___SF __  ___RV __  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:

a.  showing the award of the Army Commendation Medal with First Oak Leaf Cluster;

b.  showing the award of the Air Medal with “V” Device and Numeral 27 Device, and the Good Conduct Medal; and

c.  awarding him the Korea Defense Service Medal, the Meritorious Unit Commendation with First Oak Leaf Cluster, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.




____James Anderholm_______
          CHAIRPERSON




INDEX

CASE ID
AR20060010286
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070306
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT PLUS
REVIEW AUTHORITY
AR 15-185
ISSUES         1.
107.0020.0000
2.
107.0056.0000
3.
107.0018.0000 (add “V” Device)
4.
107.0141.0000
5.
107.0034.0000 (2)
6.
107.0094.0000
7.
107.0095.0000
8.
110.0400.0000