RECORD OF PROCEEDINGS


	IN THE CASE OF:	


	BOARD DATE:	8 November 2007  
	DOCKET NUMBER:  AR20070008527 


	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.


x
	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 the seventeen already-awarded Air Medals, to include one awarded with a "V" Device, be added to his DD Form 214, Armed Forces of the United States, Report of Transfer or Discharge.  He also requests that he be awarded the Army Commendation Medal, with "V" Device.

2.  The applicant states, in effect, that he was awarded 17 Air Medals and only has proof of these 17.

3.  The applicant provides a copy of his DD Form 214; a copy of an awards certificate and a copy of the corresponding citation for the second through seventeenth awards of the Air Medal; six statements from former fellow Soldiers; a copy of general orders awarding a fellow Soldier the Air Medal, with "V" Device; and a copy of a page from his former fellow Soldier's Vietnam War journal.

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 12 January 1970.  He completed basic combat training at Fort Knox, Kentucky, and his advanced individual training at Fort Eustis, Virginia.  After completing all required training, he was awarded the military occupational specialty (MOS), 67H (OV-1 Airplane Repairer).

3.  The applicant served in Vietnam from 19 August 1970 through 18 September 1971, with Troop C, 7th Armored Squadron, 1st Air Cavalry, 1st Aviation Brigade.

4.  The applicant was honorably released from active duty, on 3 February 1972, under the provisions of Army Regulation (AR) 635-200, early release - enlistment in active Army, National Guard, or US Army Reserve Units.  He was separated in the rank and pay grade of Specialist Four, E-4.  On the date he was released from active duty, he had completed 2 years and 22 days of active military service.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214, shows he was awarded:  the Army Commendation Medal; the National Defense Service Medal; the Vietnam Service Medal; the Republic of Vietnam Campaign Medal; the Republic of Vietnam Gallantry Cross, with Palm, and the Aircraft Crewman Badge.  The seventeen already-awarded Air Medals, to include the one allegedly awarded with a "V" Device, are not shown on his DD Form 214.  The Army Commendation Medal and the Republic of Vietnam Gallantry Cross, with Palm, are not correctly shown on the applicant's DD Form 214 and require correction.

6.  There are no general orders in the applicant's service personnel record, and the applicant provided none, for the first award of the Air Medal.  It is not possible, with the available evidence, to determine if this award was made with a "V" Device or not.

7.  A search of the Awards and Decorations Computer-assisted Retrieval System (ADCARS) was made for orders awarding the applicant the Air Medal, with "V" Device. No orders for this award were found in the ADCARS.

8.  The applicant was awarded the Air Medal, second through seventeenth award, by General Orders Number 5776, published by Headquarters, 1st Aviation Brigade, on 9 August 1971.  The Air Medal, second through seventeenth award, is also not shown on the applicant's DD Form 214.

9.  The applicant's DD Form 214 shows he was awarded the Army Commendation Medal; however, this entry is not complete.  The applicant was awarded the Army Commendation Medal, by General Orders Number 1228, published by Headquarters, 1st Aviation Brigade, on 16 February 1971.  He was also awarded the Army Commendation Medal, with one oak leaf cluster, by General Orders Number 5460, published by Headquarters, 1st Aviation Brigade, on 26 July 1971.  The entry should be corrected to show the correct number of Army Commendation Medals he received.

10.  There is no evidence in the applicant's service personnel records showing he was awarded or recommended for award of the Air Medal, with "V" Device, and the Army Commendation Medal, with "V" Device.  In the absence of proper award authority for these decorations, he may request award of the Air Medal, with "V" Device, and the Army Commendation Medal, with "V" Device, under the provisions of Section 1130 of Title 10, United States Code.  The applicant has been notified by separate correspondence of the procedures for applying for award of these awards under Section 1130 and, as a result, these awards will not be discussed further in this Record of Proceedings.

11.  The applicant's DD Form 214 shows entitlement to the Vietnam Service Medal; however, it does not show the bronze service stars to which the applicant is entitled for his campaign participation.

12.  While in Vietnam, the applicant participated in the following two campaigns of the Vietnam War:  the Vietnam Counteroffensive, Phase VII, which extended from 1 July 1970 through 30 June 1971; and the Consolidation I, which extended from 1 July through 30 November 1971.

13.  The applicant was awarded the Sharpshooter Marksmanship Qualification Badge, with Rifle Bar, in Special Orders Number 63, Paragraph 99, published by Headquarters, US Army Training Center, Armor, Fort Knox, Kentucky, on 4 March 1970.  This marksmanship qualification badge does not appear on his DD Form 214.

14.  There is no evidence the applicant was awarded an individual award of the Republic of Vietnam Gallantry Cross, with Palm.  DA Pamphlet 672-3 shows the applicant's unit, a subordinate unit of the United States Army, Vietnam, was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the period 20 July 1965 through 28 March 1973, by DAGO Number 8, dated 1974.

15.  AR 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B and states that authorized bronze service stars will be worn on the appropriate service medal, in this case, the Vietnam Service Medal.

16.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S. and foreign unit awards.  This regulation states that a Soldier may wear the unit 
award permanently if the individual was assigned to, and present for duty with the unit any time during the period cited; or was attached by competent orders to, and present for duty with the unit during the entire period, or for at least thirty consecutive days of the period cited.  

17.  The six statements from former fellow Soldiers appear to have been written in support of a claim the applicant submitted to the Department of Veteran's Affairs to provide proof of his service in Vietnam.  These statements do not specifically mention any awards or decorations the applicant may have received or was recommended for while he served in the Republic of Vietnam.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant was awarded the Air Medal, second through seventeenth awards.  These Air Medals are not shown on the applicant's DD Form 214.  He is entitled to have these awards added to his DD Form 214.

2.  The evidence shows the applicant was awarded the Army Commendation Medal and the Army Commendation Medal, with oak leaf cluster.  He is entitled to a correction of his DD Form 214 to show the correct number of Army Commendation Medals he received.

3.  The applicant participated in two campaigns during his tour of duty in Vietnam.  He is therefore entitled to award of two bronze service stars to be affixed to his already-awarded Vietnam Service Medal and to have them shown on his DD Form 214.

4.  There is no evidence the applicant was awarded an individual award of the Republic of Vietnam Gallantry Cross, with Palm.  The applicant received the Republic of Vietnam Gallantry Cross, with Palm Unit Citation.  It would be appropriate to correct this error on his DD Form 214 at this time.

5.  The applicant was awarded the Sharpshooter Marksmanship Qualification Badge, with Rifle Bar.  This marksmanship qualification badge does not appear on his DD Form 214.  He is entitled to have this marksmanship qualification badge added to his DD Form 214.

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:

	a.  deleting the Army Commendation Medal and the Republic of Vietnam Gallantry Cross, with Palm, from the applicant's DD Form 214;

	b.  adding the already-awarded Air Medal, second through seventeenth award, to his DD Form 214;

	c.  adding the already-awarded Army Commendation Medal, with oak leaf cluster, to his DD Form 214;

d.  awarding the applicant two bronze service stars to be affixed to his already-awarded Vietnam Service Medal, to denote his participation in two campaigns while he served in Vietnam, and adding these service stars to his DD Form 214;

e.  adding the already awarded Sharpshooter Marksmanship Qualification Badge, with Rifle Bar, to the applicant's DD Form 214; and 

f.  correcting the applicant's DD Form 214 to show he was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, and not the Republic of Vietnam Gallantry Cross, with Palm, an individual award.




___x_________
          CHAIRPERSON


INDEX

CASE ID
AR20070008527
SUFFIX

RECON

DATE BOARDED
2007/11/08
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
PARTIAL GRANT
REVIEW AUTHORITY
 
ISSUES         1.
107.0000
2.
107.0018
3.
107.0020
4.

5.

6.