IN THE CASE OF:	   

		BOARD DATE:	        7 August 2008

		DOCKET NUMBER:  AR20080009033 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Air Medal with three silver oak leaf clusters.  

2.  The applicant states that the wrong number of Air Medals is shown on his DD Form 214.  He states that it should read the Air Medal with three silver oak leaf clusters.  

3.  The applicant provides a copy of his DD Form 214 for the period ending 20 August 1964; his DD Form 214 for the period ending 18 August 1967; and a DA Form 1577 (Authorization for Issuance of Awards), dated 20 June 1974.

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 4 March 1963.  At the completion of basic combat training and advanced individual training, he was awarded military occupational specialty 710.00 (clerk).  He was discharged on 20 August 1964 for the purpose of immediate reenlistment.

3.  His DD Form 214 for the period ending 20 August 1964 shows the Marksman Marksmanship Qualification Badge with Rifle Bar and the Expert Marksmanship Badge with Rifle Bar as authorized awards.

4.  The applicant reenlisted on 21 August 1964.  He was assigned to Vietnam on 12 December 1965 with the 119th Aviation Company.

5.  Headquarters, 1st Aviation Brigade General Orders Number 119, dated 10 August 1966, awarded the applicant the basic Air Medal for meritorious achievement from 7 January 1966 to 26 February 1966.  

6.  The applicant’s personnel records contain various general orders for subsequent awards of the Air Medal (First Oak Leaf Cluster) through the Air Medal (Thirteenth Oak Leaf Cluster).

7.  He departed Vietnam on 7 December 1966 and was credited with participation in the Vietnam Defense Campaign, the Vietnam Counteroffensive Campaign, and the Vietnam Counteroffensive Phase II Campaign.

8.  Headquarters, 1st Aviation Brigade General Orders Number 45, dated 5 January 1967, awarded the applicant the Air Medal (Fifteenth Oak Leaf Cluster) for meritorious achievement from 29 October 1966 to 16 November 1966.  

9.  The applicant was honorably released from active duty on 18 August 1967.  His DD Form 214 for the period ending 18 August 1967 shows the Vietnam Service Medal with two bronze service stars, the Army Good Conduct Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Air Medal with one silver oak leaf cluster and four bronze oak leaf clusters, the National Defense Service Medal, and the Aircraft Crewmember Badge as authorized awards.  

10.  A DA Form 1577, dated 20 June 1974, shows the applicant was issued the Air Medal with Numeral “15,” the Army Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960), the Aircraft Crewmember Badge, and the Expert Marksmanship Qualification Badge with Rifle Bar.

11.  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 119th Aviation Company, it was cited for award of the Valorous Unit Award by Headquarters, Department of the Army General Orders Number 20, dated 1967.

12.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant's assignment to the 119th Aviation Company, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army General Orders Number 22, dated 1968.

13.  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.  The regulation provides that Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  

14.  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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s DD Form 214 for the period ending 18 August 1967 currently reflects the Air Medal with one silver oak leaf cluster and four bronze oak leaf clusters (i.e. nine awards of the Air Medal).  General orders show he was awarded subsequent awards of the Air Medal, to include the Air Medal (Fifteenth Oak Leaf Cluster).  

2.  Based on the Military Awards regulation, Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  Therefore, the applicant’s DD Form 214 for the period ending 18 August 1967 should be amended to reflect the Air Medal with Numeral 
“16” (basic Air Medal through Air Medal (Fifteenth Oak Leaf Cluster)).

3.  The applicant was assigned to a unit during a period it was awarded the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, these awards should be added to his DD Form 214 for the period ending 18 August 1967.

4.  The applicant’s DD Form 214 for the period ending 18 August 1967 shows the Vietnam Service Medal with two bronze service stars an authorized award.  However, he received credit for participation in three campaigns during the Vietnam War.  Therefore, he is eligible for award of three bronze service stars for wear on his Vietnam Service Medal.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___xx___  ___xx___  _xx_____  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 amending to show the Air Medal with Numeral “16,” to add the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and to show three bronze service stars for wear on his already-awarded Vietnam Service Medal on his DD Form 214 for the period ending 18 August 1967.  




      _______ _xxxx______   ___
       	   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)                                         AR20080009033





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ABCMR Record of Proceedings (cont)                                         AR20080009033



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