IN THE CASE OF:	  

		BOARD DATE:	  8 January 2009

		DOCKET NUMBER:  AR20080016164 


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 request in effect, that his record and separation document 
(DD Form 214) be corrected to reflect award of the Army Commendation Medal (ARCOM) with 3rd Oak Leaf Cluster (4th Award).  

2.  The applicant states, in effect, that he did not receive his award of the ARCOM 3rd Oak Leaf Cluster (OLC) until after his discharge.  He further states that he would like a corrected DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect his award of the ARCOM 3rd OLC.  

3.  The applicant provides his DD Form 214 and Headquarters, 1st Aviation Brigade, General Orders Number 3040, dated 9 April 1971, in support of his application.

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’s record shows he was inducted into the Army of the United States (AUS) and entered active duty on 21 August 1969.  He was trained in, awarded, and served in military occupational specialty (MOS) 71P (Flight Operations Specialist), and the highest rank he attained while serving on active duty was specialist five (SP5).

3.  The applicant’s Enlisted Qualification Record (DA Form 20) shows he served in the RVN from 20 January 1970 through 23 March 1971.  Item 38 (Record of Assignments) shows that during his RVN tour he was assigned to Company A, 7th Support Battalion, 199th Light Infantry Brigade, performing duties in MOS 71H as a senior casualty report clerk.  It further shows he was assigned to the 74th Aviation Company, from 19 September 1970 through 23 March 1971, performing duties in MOS 71B as a clerk typist and 71P as a flight operations specialist.

4.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows that during his active duty tenure, he earned the following awards: National Defense Service Medal, Vietnam Service Medal, Army Commendation Medal 2nd OLC, Republic of Vietnam Campaign Medal with 1960 Device, Air Medal, Army Good Conduct Medal, 2 Overseas Bar, and Marksman Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16).  

5.  The applicant's record contains Headquarters, 1st Aviation Brigade, General Orders Number 2257, dated 18 March 1971.  This document awarded the applicant the Air Medal for his meritorious achievement while participating in aerial flight during the period 23 September 1970 through 27 February 1971.

6.  On 26 March 1971, the applicant was honorably released from active duty.  The DD Form 214 he was issued at the time confirms he completed a total of 
1 year, 7 months and 6 days of active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he earned the following awards during his active duty tenure:  National Defense Service Medal; Vietnam Service Medal, Vietnam Campaign Medal with 1960 Device, Army Commendation Medal with 2nd OLC, and Army Good Conduct Medal.


7.  The applicant provides Headquarters, 1st Aviation Brigade, General Orders Number 3040, dated 9 April 1971.  This document awarded the applicant the ARCOM 3rd OLC for his meritorious achievement in connection with military operations against a hostile force during the period 1 November 1970 through 
5 February 1971.  

8.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  Paragraph 2-13 contains guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.  

9.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault-landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during his tenure of assignment in the RVN, the applicant’s unit (7th Support Battalion) was awarded the Meritorious Unit Commendation, RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation.  It further shows that campaign credit was granted for the Vietnam Winter-Spring 1970, DA Sanctuary Counteroffensive, and Vietnam Counteroffensive Phase VII campaigns.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to add his award of the ARCOM with 3rd OLC was carefully considered and found to have merit.  

2.  The applicant's record contains orders that awarded the applicant the ARCOM with 3rd OLC (4th Award) for meritorious achievement in connection with military operations against a hostile force in the RVN during the period 1 November 1970 through 5 February 1971.  Therefore, it would be appropriate to add this award to Item 24 of his DD Form 214 at this time.

3.  The applicant's record also contains Headquarters, 1st Aviation Brigade, General Orders Number 2257, which awarded the applicant the Air Medal for his meritorious achievement while participating in aerial flight and which was not included in the list of awards contained on his separation document.  Thus, it would be appropriate to add this award to his DD Form 214 at this time.




4.  The evidence of record further confirms that based on his RVN service and campaign participation, the applicant is also authorized to wear the Meritorious Unit Commendation, RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, Marksman Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16) and 2 bronze service stars to be worn with his VSM which were not included in the list of awards contained on his separation document.  Therefore, it would also be appropriate to add these awards to his DD Form 214 at this time. 

BOARD VOTE:

____x___  ___x____  ___x____  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 
amending Item 24 of his 26 March 1971 DD Form 214 by deleting the current list of awards and replacing it with the entry "National Defense Service Medal, Army Commendation Medal with 3rd Oak Leaf Cluster, Air Medal, Army Good Conduct Medal, Vietnam Service Medal with 2 bronze service stars, Republic of Vietnam Campaign Medal with Device 1960, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Unit Citation, and Marksman Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16)"; and by providing him a correction to his separation document that includes these changes. 



      _______ _  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)                                         AR20080016164



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ABCMR Record of Proceedings (cont)                                         AR20080016164



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