IN THE CASE OF:	  

	BOARD DATE:	  24 June 2008

	DOCKET NUMBER:  AR20080001089 


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, in effect, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show all his awards.

2.  The applicant states, in effect, that he wants his records corrected for his children, grandchildren, and future generations.

3.  The applicant provides a letter, dated 17 December 2007, from the National Personnel Records Center; his DD Form 214; a copy of his DA Form 20 (Enlisted Qualification Record); orders discharging him from the U. S. Army Reserve; Specialist Five, E-5, promotion orders; Aircraft Crewman Badge orders; two sets of Army Commendation Medal orders; Distinguished Flying Cross orders; and ten sets of Air Medal orders.

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 enlisted in the Regular Army on 16 September 1966.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 67N (UH-1/AH-1G Helicopter Repairman).

3.  The applicant arrived in Vietnam and was assigned to the 187th Aviation Company, 269th Combat Aviation Battalion, on 1 April 1967.  

4.  Headquarters, 1st Aviation Brigade General Orders Number 4616, dated      30 September 1967, awarded the applicant the Distinguished Flying Cross.

5.  Headquarters, 269th Combat Aviation Battalion Special Orders Number 240, dated 26 October 1967, awarded the applicant the permanent award of the Aircraft Crewman Badge (currently known as the Aviation Badge).

6.  Headquarters, 1st Aviation Brigade General Orders Number 892, dated        22 February 1968, awarded the applicant the Army Commendation Medal.  

7.  Headquarters, 1st Aviation Brigade General Orders Number 5876, dated      24 August 1968, awarded the applicant the Army Commendation Medal (First Oak Leaf Cluster) with “V” Device.

8.  The applicant was awarded the Air Medal on orders dated 3 July 1967; the Air Medal (First through Sixth Oak Leaf Cluster) on orders dated 4 September 1967; the Air Medal (Seventh Oak Leaf Cluster) with “V” Device on orders dated          12 September 1967; the Air Medal (Eighth through Thirteenth Oak Leaf Cluster) on orders dated 22 October 1967; the Air Medal (Fourteenth Oak Leaf Cluster) with “V” Device on orders dated 7 November 1967; the Air Medal (Fifteenth through Twentieth Oak Leaf Cluster) on orders dated 10 November 1967; the   Air Medal (Twenty-First Oak Leaf Cluster) with “V” Device on orders dated        21 November 1967; the Air Medal (Twenty-Second Oak Leaf Cluster) with ”V” Device on orders dated 17 February 1968; and the Air Medal (Twenty-Third Oak Leaf Cluster) with “V” Device on orders dated 27 February 1968.


9.  On 22 March 1968, the applicant departed Vietnam after being credited with participation in three campaigns.

10.  Headquarters, 1st Aviation Brigade General Orders Number 1683, dated     26 March 1968, awarded the applicant the Air Medal (Twenty-Fourth through Thirty-Third Oak Leaf Cluster).

11.  The applicant was honorably released from active duty on 28 August 1969.  His DD Form 214 shows he was awarded the Army Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal, the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), the Republic of Vietnam Campaign Medal, two Overseas Service Bars, and the Air Medal with Twenty-Third Oak Leaf Cluster.

12.  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 187th Aviation Company, it was cited for award of the Meritorious Unit Commendation for the period 1 January through 31 December 1967 by Department of the Army General Orders Number 48, dated 1968.

13.  Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant's assignment to the 187th Aviation Company, it was cited for award of 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 56, dated 1969.

14.  Army Regulation 600-8-22 (Military Awards) authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation.  Authorized bronze service stars will be worn on the appropriate campaign or service medal, including the Vietnam Service Medal.  

15.  Army Regulation 600-8-2 provides for award of the Air Medal to any person who will have distinguished himself while participating in aerial flight.  It is primarily intended to recognize those personnel who are on current crewmember or noncrewmember flying status which requires them to participate in aerial flight on a regular and frequent basis in the performance of their primary duties. Numerals, starting with 2, are now used to denote second and subsequent awards of the Air Medal.  


DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Distinguished Flying Cross, the Aircraft Crewman Badge (currently known as the Aviation Badge), and the Army Commendation Medal (First Oak Leaf Cluster) with “V” Device.  However, these awards are not listed on his DD Form 214 but should be.

2.  The applicant’s DD Form 214 shows he was awarded the Air Medal with Twenty-Third Oak Leaf Cluster.  However, a number of those awards were with the “V” Device.  In addition, after he departed Vietnam he was awarded the Air Medal with Twenty-Fourth through Thirty-Third Oak Leaf Cluster.  His DD Form 214 should be amended to show he was awarded the Air Medal with “V” Device and with Number 34.

3.  The applicant was credited with participation in three campaigns.  His DD Form 214 should be amended to show he is eligible to wear three bronze service stars on his Vietnam Service Medal.

4.  The applicant was assigned to a unit during a period of time that unit was awarded the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  These unit awards should also be added to his DD Form 214.

BOARD VOTE:

___xx___  ___xx___  ___xx___  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 Vietnam Service Medal and the Air Medal with Twenty-Third Oak Leaf Cluster from his DD Form 214; and

	b.  adding the Distinguished Flying Cross, the Aviation Badge, the Army Commendation Medal with “V” Device and with First Oak Leaf Cluster, the Air Medal with “V” Device and with Numeral 34, the Vietnam Service Medal with three bronze service stars, the Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214.



	_______xxxxxx__________
      	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)                                         AR20080001089



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ABCMR Record of Proceedings (cont)                                         AR20080001089



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