RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  10 January 2008
	DOCKET NUMBER:  AR20070008189 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Michael J. Fowler

Analyst

The following members, a quorum, were present:


Mr. William D. Powers

Chairperson

Mr. Jerome L. Pionk

Member

Mr. Donald W. Steenfott

Member

	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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 30 January
1970 be amended to add the Air Medal (2nd through 31st Oak Leaf Cluster) and with "V" Device.

2.  The applicant states his DD Form 214 for the period ending 30 January 
1970 does not show that he was awarded a total of 31 Air Medals while serving in Vietnam.

3.  The applicant provides an award certificate for the 2nd through 31st Oak Leaf Cluster of the Air Medal and 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 had prior enlisted service.  He was appointed as a Warrant Officer in the U.S. Army Reserve on 6 June 1967 and entered active duty that date.

3.  The applicant arrived in Vietnam with the 135th Aviation Company on 
20 October 1967.   He was transferred to the 187th Aviation Company on or about 8 December 1967.  The applicant performed duties as a helicopter pilot in both units of assignment.

4.  The applicant’s records contain complete flight records.  Sheet 8 of his DA Form 759 (Individual Flight Record – Army Aviator), for the period July, August, and September 1968, shows the applicant completed 1109 combat flight hours.  



5.  The applicant departed Vietnam on or about 10 October 1968 after participating in four campaigns.  He was honorably released from active duty on 30 January 1970 after completing a total of 3 years, 7 months, and 21 days of creditable active service.  

6.  The applicant's DD Form 214 for the period ending 30 January 1970 shows he was awarded the National Defense Service Medal, the Purple Heart, the Army Aviator Badge, the Vietnam Service Medal, the Air Medal with "V" Device, the Republic of Vietnam Campaign Medal with Device (1960), and two Overseas Service Bars.

7.  The applicant provided an award certificate, dated 10 November 1968 and signed by the Commanding General, 1st Aviation Brigade, which shows he was awarded the Air Medal (2nd through 31st Oak Leaf Cluster) for the period 
1 November 1967 to 12 September 1968 by the 1st Aviation Brigade.  General orders are not available.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  This regulation also provides that Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The numeral 2 denotes the second award of the Air Medal.  

9.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

10.  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 the 135th Aviation Company it was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 22 February 1967 through 18 May 1968 by Department of the Army General Orders Number 21, dated 1969.

11.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment to the 187th Aviation Company it was awarded the Valorous Unit Award for the period 13 June 1968 through 23 September 1968 by Department of the Army General Orders Number 52, dated 1974.
12.  Department of the Army Pamphlet 672-3, shows that, at the time of the applicant’s assignment to the 187th Aviation Company it was awarded the Meritorious Unit Commendation for the period 1 January 1967 through 
31 December 1967 by Department of the Army General Orders Number 46, dated 1968.

13.  Department of the Army Pamphlet 672-3, shows that, at the time of the applicant’s assignment to the 187th Aviation Company it was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 
27 March 1967 through 17 May 1968 by Department of the Army General Orders Number 46, dated 1969.  

14.  Department of the Army Pamphlet 672-3 states that not more than one Republic of Vietnam Gallantry Cross with Palm Unit Citation will be worn by any individual.  Although multiple awards of this citation badge may not be worn, official military personnel and historical records will indicate all awards received.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarding the applicant the Air Medal (2nd through 31st Oak Leaf Cluster) are not available.  However, the applicant provided a signed award certificate and his DA Form 759 for the period July, August, and September 1968, which shows he completed 1109 combat flight hours.  

2.  Given the above, it is conceivable to believe the applicant was awarded the Air Medal (2nd through 31st Oak Leaf Cluster).  Any reasonable doubt should be resolved in favor of the applicant.  The 31st oak leaf cluster to the Air Medal equates to the Air Medal with Numeral 32.

3.  The applicant was assigned to two separate units during two periods of time each unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Although he is entitled to wear one only of these awards, both awards should be listed on his DD Form 214.  He was also assigned to the unit during a period of time it was awarded the Valorous Unit Award and the Meritorious Unit Commendation.

4.  The applicant’s participation in four campaigns in Vietnam qualifies him for award of four bronze service stars to be worn on his Vietnam Service Medal.





BOARD VOTE:

__WDP  _  __JLP  __  ___DWS   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.  deleting the Air Medal with "V" Device entry in item 24 of the applicant's DD Form 214 with the period ending 30 January 1970; and
	
	b.  amending his DD Form 214 to show award of the Air Medal with Numeral 32 and with "V" Device, the Republic of Vietnam Gallantry Cross with Palm Unit Citation (two awards), the Valorous Unit Award, the Meritorious Unit Commendation, and four bronze service stars to be worn on his already-awarded Vietnam Service Medal.




	____ William D. Powers __
          		CHAIRPERSON




INDEX

CASE ID
AR20070008189
SUFFIX

RECON

DATE BOARDED
10 JANUARY 2008
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY
MR. SHATZER
ISSUES         1.
107.0018.0000
2.
107.0094.0000
3.
107.0033.0000
4.
107.0034.0000
5.

6.