IN THE CASE OF:	  

	BOARD DATE:	  10 July 2008

	DOCKET NUMBER:  AR20080002374 


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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all of the awards to which he is entitled, to include the Air Medal with an unspecified number of oak leaf clusters and, in effect, the Expert Marksmanship Qualification Badge.  

2.  The applicant states that he had five medals plus his Expert marksmanship rating. He has a copy of his orders for the Air Medal and he knows he has several clusters for this medal.  

3.  The applicant provides a copy of his DD Form 214 and his citation and general orders for the basic Air Medal.

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 31 October 1967.  At the completion of basic combat training and advanced individual training, he was awarded military occupational specialty 71P (flight operations coordinator).

3.  He was assigned to Vietnam on 7 May 1968 with the 116th Aviation Company.

4.  Headquarters, 1st Aviation Brigade General Orders Number 1511, 
dated 4 April 1969, awarded the applicant the basic Air Medal for meritorious achievement from 23 July 1968 to 30 December 1968.

5.  He departed Vietnam on 6 May 1969 and was credited with participation in the Vietnam Counteroffensive Phase IV Campaign; the Vietnam Counteroffensive Phase V Campaign; the Vietnam Counteroffensive Phase VI Campaign; and the Tet 69 Counteroffensive, 1969 Campaign.  

6.  Headquarters, U.S. Army Aviation School (USAAVNS) Brigade, Fort Rucker, Alabama General Orders Number 179, dated 24 September 1970, awarded the applicant the Army Good Conduct Medal for the period 31 October 1967 through 30 October 1970.

7.  The applicant was honorably released from active duty on 30 October 1970.  His DD Form 214 shows the National Defense Service Medal, the Republic of Vietnam Campaign Medal, the Vietnam Service Medal, and the Expert Marksmanship Qualification Badge with Rifle Bars (M-14 and M-16) as authorized awards.  

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that, at the time of the applicant’s assignment to the 116th Aviation Company, this unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 36, dated 1969.

9.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment to the 116th Aviation Company, this 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 55, dated 1971.


10.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment to the 116th Aviation Company, this unit was cited for award of the Valorous Unit Award by Department of the Army General Orders Number 52, dated 1974.

11.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment to the 116th Aviation Company, this unit was cited for award of the Presidential Unit Citation by Department of the Army General Orders Number 21, dated 1978.

12.  Army Regulation 600-8-22 (Military Award), 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.

DISCUSSION AND CONCLUSIONS:

1.  General orders show the applicant was awarded the basic Air Medal for meritorious achievement from 23 July 1968 to 30 December 1968.  However, there are no orders which authorized additional awards of the Air Medal to the applicant.  Therefore, his DD Form 214 should be amended to reflect only the basic Air Medal. 

2.  The applicant’s request concerning his Expert marksmanship rating is noted.  However, his DD Form 214 already reflects the Expert Marksmanship Qualification Badge with Rifle Bars (M-14 and M-16 rifle) as authorized awards. 

3.  General orders show the applicant was awarded the Army Good Conduct Medal for the period 31 October 1967 through 30 October 1970.  Therefore, the Army Good Conduct Medal should be added to his DD Form 214.  

4.  The applicant was assigned to a unit during a period it was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Valorous Unit Award, and the Presidential Unit Citation.  Therefore, these awards should be added to his DD Form 214.

5.  The applicant’s DD Form 214 currently reflects the Vietnam Service Medal as an authorized award.  However, he received credit for participation in four campaigns during the Vietnam War.  Therefore, his DD Form 214 should be amended to reflect four bronze service stars for wear on his already-awarded Vietnam Service Medal.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___xx___  ___xx___  ____xx__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 adding the Air Medal, the Army Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Valorous Unit Award, the Presidential Unit Citation, and four bronze service stars for wear on his already-awarded Vietnam Service Medal to his DD Form 214.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the Air Medal with an unspecified number of oak leaf clusters.



      _______xxxxx___________
      	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)                                         AR20080002374



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ABCMR Record of Proceedings (cont)                                         AR20080002374



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