RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  27 March 2008
	DOCKET NUMBER:  AR20070018909 


	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 L. Engle

Analyst

The following members, a quorum, were present:


Mr. John T. Meixell

Chairperson

Ms. LaVerne M. Douglas

Member

Ms. Jeanette R. McCants

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 Department of the Army award certificate for award of the Army Commendation Medal with "V" Device be re-issued with the correct citation.

2.  The applicant states, in effect, that his certificate for award of the Army commendation Medal with "V" Device does not reflect his heroic actions.

3.  The applicant provides copies of his orders and certificate for award of the Army Commendation Medal with "V" Device.

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.  On 25 October 1968, the applicant enlisted in the Regular Army for 3 years.  He completed his initial training and was awarded military occupational specialty 67A (Aircraft Maintenance Apprentice). 

3.  On 21 April 1969, the applicant was assigned for duty as a rotary wing mechanic with V Corps, in the Federal Republic of Germany.

4.  On 9 January 1970, the applicant was reassigned for duty as a helicopter door gunner with the 242nd Aviation Company, in the Republic of Vietnam.  

5.  General Orders Number 4554, 1st Aviation Brigade, dated 2 June 1970, awarded the applicant the Army Commendation Medal with "V" Device for heroism in connection with military operations against a hostile force on 21 April 1970, in the Republic of Vietnam.  The orders contain a detailed citation of his valorous actions.

6.  On 16 November 1994, an award certificate for the Army Commendation Medal with "V" Device was issued to the applicant citing his “exceptionally meritorious achievement” on 21 April 1970.  This certificate does not reflect the heroic actions stated in the corresponding general orders.

7.  On 25 July 1970, he was reassigned within the unit as a helicopter crew chief.

8.  On 22 December 1970, the applicant was reassigned for duty as a senior helicopter repairman with the 243rd Aviation Company, in the Republic of Vietnam.

9.  On 31 July 1971, the applicant returned to the United States.
 
10.  On 5 August 1971, the applicant was released from active duty.  He had attained the rank of specialist five, pay grade E-5 and had completed 2 years, 
9 months and 11 days of creditable active duty.

11.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, lists his awards as the National Defense Service Medal, Air Medal, Army Commendation Medal, Aircraft Crew Badge (sic), Vietnam Service Medal, Vietnam Campaign Medal, Civil Acts Med 1st Class (sic), and the Marksman Marksmanship Qualification Badge with Rifle Bar.  

12.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

13.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following four campaign periods: the Vietnam Winter-Spring 1970; the DA Sanctuary Counteroffensive; the Vietnam Counteroffensive, Phase VII; and the Consolidation I.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 242nd Aviation Company, during the time of the applicant's assignment, was cited in Department of the Army General Orders Number 55, dated 1971, for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. This publication also shows that the 243rd Aviation Company, during the time of the applicant’s assignment, was cited in DAGO Number 6, dated 1974, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  General orders clearly show that the applicant was awarded the Army Commendation Medal with "V" Device for heroism.  Furthermore, the award certificate that was subsequently issued to him does not reflect the valorous actions cited in the corresponding general orders.  Therefore, an award certificate citing his heroic actions should be issued to him.

2.  Records show that the applicant participated in four campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of four bronze service stars to be affixed to his Vietnam Service Medal.

3.  The applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his records should be corrected to show these foreign unit awards.   

BOARD VOTE:

_ JTM __  __LMD__  __JBM  __  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 partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

a.  deleting all entries in Item 24 of his DD Form 214;




b.  adding in Item 24 of his DD Form 214 the National Defense Service Medal, Air Medal, Army Commendation Medal with "V" Device, Vietnam Service Medal with four bronze service stars, Aircraft Crew Member Badge, Marksman Marksmanship Qualification Badge with Rifle Bar, Republic of Vietnam Campaign Medal with "1960-" Device, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and three Overseas Service Bars; and

c.  issuing him an award certificate for the Army Commendation Medal with "V" Device, to read as follows:

THE ARMY COMMENDATION MEDAL
With "V" Device

TO:  SPECIALIST FOUR [APPLICANT’S NAME], UNITED STATES ARMY

FOR:  heroism in connection with military operations against a hostile force by valorous actions while serving aboard a heavy lift helicopter involved in re-supply missions near Quan Loi, in the Republic of Vietnam on 21 April 1970.  His aircraft came under enemy rocket fire.  He maintained a calm, professional manner and continued to clear the aircraft of flight hazards and scanned the terrain for signs of the enemy.  During the ensuing approaches to the hazardous landing site, his calmness and professional manner were an inspiration to his fellow crew members and a key factor in the successful completion of the mission.  His actions were in keeping with the highest traditions of the military service and reflected great credit upon himself, his unit, and the United States Army.  

	 




__      John T. Meixell ______
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

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

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.