IN THE CASE OF:	  

		BOARD DATE:	       11 December 2008

		DOCKET NUMBER:  AR20080015407 


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 5 May 1967 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Purple Heart and a second Army Commendation Medal with "V" Device.

2.  The applicant states, in effect, he was in a hurry to be discharged and was told that if he wanted to have these awards listed on his separation document he would have to wait around for the records to catch up with him.  He elected not to wait. 

3.  The applicant provides copies of Headquarters, 173rd Airborne Brigade General Orders Number 94; his DA Form 20 (Enlisted Qualification Record); and his 5 May 1967 DD Form 214.

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 1 August 1964, completed training, and was awarded primary military occupational specialty (MOS) 12A (Pioneer).   On 1 March 1966 he was awarded the primary MOS 11B (Light Weapons Infantryman).

3.  The applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar on 8 June 1965.

4.  Headquarters 173rd Airborne Brigade General Orders Number 75, dated 16 March 1966, awarded the applicant the Aircraft Crewman Badge.

5.  Headquarters, 1st Aviation Brigade, General Orders Number 857, dated 13 March 1967, awarded the applicant the 21st through 26th Oak Leaf Clusters to the Air Medal.

6.  A 28 December 1966 USARV (United States Army – Vietnam) Form 130R (U.S. Army Casualty Report) shows the applicant sustained abrasions to his face and jaw when the helicopter he was in was shot down.  It also shows he was treated at the 93rd Evacuation Hospital for these injuries.

7.  Headquarters 93rd Evacuation Hospital General Orders Number 248, dated 29 December 1966, awarded the applicant the Purple Heart for wounds received as a result of hostile forces on 28 December 1966.

8.  Headquarters, 173rd Airborne Brigade General Orders Number 94, dated 25 January 1967, awarded the applicant the Army Commendation Medal with "V" Device for his actions on 23 December 1966.

9.  The applicant's 5 May 1967 DD Form 214 lists his awards as the Army Commendation Medal, the Air Medal with 20th Oak Leaf Cluster, the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with Device 1960.  

10.  The applicant's DA Form 20 for his first period of service shows the following pertinent information:



	a.  the applicant was awarded the Army Commendation Medal with "V" Device, the Air Medal with 20th Oak Leaf Cluster, the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with Device 1960;  

	b. the applicant sustained wounds to his face and left jaw on 28 December 1966; and

	c.  the applicant served in Vietnam with Company A, 82nd Aviation Battalion from 6 September 1965 through 31 August 1966 and with the 335th Aviation Company (Air Ambulance) from 1 September 1966 through 30 April 1967.

11.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS) an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command failed to reveal any orders for award of a second Army Commendation Medal.  

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 while the applicant was assigned to the Company A, 82nd Aviation Battalion it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Meritorious Unit Commendation.  Additionally, while the applicant was assigned to the 335th Aviation Company it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  The pamphlet further notes that an individual will not be issued or wear more than one Republic of Vietnam Gallantry Cross with Palm Unit Citation.

13.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part that:

	a.  Arabic numerals 3/16 inch in height are issued instead of a medal or ribbon for second and succeeding awards of the Air Medal, Multinational Force and Observers Medal, Overseas Service Ribbon and the Army Reserve Components Overseas Training Ribbon.  The ribbon denotes the first award and numerals starting with the numeral 2 denotes the number of additional awards;

	b.  the bronze "V" device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze "V" Device in conjunction with awards of the Army Commendation Medal, the Air Medal and the Bronze Star Medal; and

	c.  a bronze service star is awarded, based on qualifying service, for each designated campaign period listed in Appendix B of the regulation and authorized bronze service stars will be worn on the appropriate campaign or service medal.  

14.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam, Appendix B indicates he served during the following three campaign periods: the Vietnam Defense Campaign 8 March 1965 - 24 December 1965; the Vietnam Counteroffensive, 25 December 1965 - 30 June 1966; and the Counteroffensive Phase II, 1 July 1966 – 31 May 1967.

DISCUSSION AND CONCLUSIONS:

1.  The record contains orders for only one Army Commendation Medal for heroism and as such his DD Form 214 should be corrected to show the Army Commendation Medal with "V" Device.  The available evidence does not show that he was awarded an additional Army Commendation Medal with “V” Device.

2.  The applicant was wounded on 28 December 1966 and he has orders awarding him the Purple Heart the following day.  Therefore, his DD Form 214 should be corrected to show this award.

3.  The applicant was awarded 27 Air Medals; his DD Form 214 shows only 20 awards.  His DD Form 214 should be corrected to show all 27 awards.

4.  The applicant served during three campaign periods and is authorized to wear three bronze service stars on his Vietnam Service Medal.  His DD Form 214 should be corrected to show these awards.

5.  The applicant qualified as an expert on the rifle and was awarded the Expert Marksmanship Qualification Badge with Rifle Bar.  His DD Form 214 should be corrected to show this award.

6.  The units to which the applicant was assigned in Vietnam were each awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and one unit was awarded the Meritorious Unit Commendation.  His DD Form 214 should be corrected to show these awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ___X ___  ____X___  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:

   a.  deleting the Air Medal with 20th Oak Leaf Cluster and the Army Commendation Medal from the individual's DD Form 214 issued on 5 May 1967; and 
   
   b.  adding the Army Commendation Medal with "V" Device, the Air Medal with the numeral "27," the Vietnam Service Medal with three bronze service stars, two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Meritorious Unit Commendation, and the Expert Marksmanship Qualification Badge with Rifle Bar.

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 award of a second Army Commendation Medal.  




      _______ _   X_______   ___
               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)                                         AR20080015407



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ABCMR Record of Proceedings (cont)                                         AR20080015407



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