IN THE CASE OF:	  

		BOARD DATE:	        27 May 2009

		DOCKET NUMBER:  AR20080019976 


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 records to show award of the Distinguished Flying Cross and 12 awards of the Air Medal.

2.  The applicant states, in effect, he was awarded the Distinguished Flying Cross and 12 awards of the Air Medal; however, the awards were not recorded on his discharge document.

3.  The applicant provides a copy of a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 3 June 2004; Headquarters, 1st Aviation Brigade (Vietnam), General Orders Number 4447, dated 28 September 1967; an Air Medal Citation for the period 23 November 1966 to 1 December 1966; and Headquarters, 1st Aviation Brigade (Vietnam), General Orders Number 5109, dated 28 July 1968.

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 military personnel records show he enlisted in the Regular Army (RA) for a period of 3 years and entered active duty on 28 February 1950.  Upon completion of basic combat and advanced individual training, he was awarded military occupational specialty (MOS) 111 (Light Weapons Infantryman).
On 28 February 1953, the applicant reenlisted in the RA for a period of 6 years and continued to serve in MOS 111 through 17 December 1961 when he was honorably discharged to accept a commission in the U.S. Army Reserve (USAR).

3.  The applicant’s military personnel records show he was commissioned in the USAR, in the grade of second lieutenant, and ordered to active duty on
18 December 1961.  He completed the 24-week Officer Rotary Wing Aviator course and 8-week Fixed Wing Qualification course, and was awarded MOS 1981 (Rotary Wing Aviator) on 5 April 1963. 

4.  The applicant’s military personnel records contain a DA Form 66 (Officer Qualification Record).

   a.  Item 17 (Foreign Service) shows he served in the Far East Command (FECOM) in the Republic of Korea (ROK) from 14 July 1950 through 3 August 1951; U.S. Army, Europe (USAREUR) in Germany from 6 March 1954 through
12 March 1957; FECOM in the ROK from 27 December 1959 through 16 January 1961; USAREUR in Germany from 8 January 1965 through 5 October 1966; and in the U.S. Army, Pacific (USARPAC) in the Republic of Vietnam (RVN) beginning on 18 November 1966.

   b.  Item 18 (Record of Assignments) shows he was assigned to the
155th Aviation Company (USARPAC RVN) from 22 November 1966 through
24 April 1967, and medically evacuated from the RVN on 25 April 1967.

   c.  Item 21 (Awards and Decorations) shows he was awarded the Silver Star, Bronze Star Medal with “V” Device, Good Conduct Medal (3rd Award), National Defense Service Medal (1st Oak Leaf Cluster), Army of Occupation Medal with 

Germany Clasp, Korean Service Medal with 6 bronze service stars, Vietnam Service Medal, Air Force Campaign Medal, Republic of Vietnam Campaign Medal, Republic of Korea Presidential Unit Citation, Combat Infantryman Badge, Parachutist Badge, and the Army Aviator Badge.

   d.  Item 23 (Qualification in Arms), in pertinent part, shows he qualified Expert with the .45 caliber pistol, Sharpshooter with the Browning Automatic Rifle (BAR), and Marksman with the M-60 machinegun.

5.  The applicant's military personnel records contain a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 31 July 1970 and a DD Form 215, dated 3 June 2004.  The DD Form 214 shows the applicant entered active duty this period on 18 December 1961, was honorably retired from active duty on 31 July 1970, and placed on the Temporary Disability Retired List.  At the time he had completed 8 years, 7 months, and
13 days of net active service this period; 11 years, 9 months, and 20 days of other service; and 20 years, 5 months, and 3 days of total active service.  Item
24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), as corrected by the DD Form 215, shows he was awarded the Silver Star, Bronze Star Medal with “V” Device, Good Conduct Medal (3rd Award), National Defense Service Medal (1st Oak Leaf Cluster), Army of Occupation Medal with Germany Clasp, Korean Service Medal with
6 bronze service stars, United Nations Service Medal, Vietnam Service Medal, Air Force Campaign Medal, Republic of Vietnam Campaign Medal, Navy Presidential Unit Citation, Republic of Korea Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Combat Infantryman Badge, Parachutist Badge, and the Army Aviator Badge.

6.  The applicant’s military personnel records contain a copy of Headquarters,
1st Aviation Brigade (Vietnam), General Orders Number 4447, dated
28 September 1967, that show the applicant was awarded the Distinguished Flying Cross for heroism while participating in aerial flight in the RVN on
7 January 1967.

7.  The applicant’s military personnel records contain a copy of Headquarters,
1st Aviation Brigade (Vietnam), General Orders Number 1915, dated 19 May 1967, and Air Medal Citation, that show, in pertinent part, the applicant was awarded the Air Medal for meritorious achievement while participating in aerial flight in the RVN during the period from 23 November to 1 December 1966.



8.  The applicant’s military personnel records contain a copy of Headquarters,
1st Aviation Brigade (Vietnam), General Orders Number 5109, dated 28 July 1968, that show, in pertinent part, the applicant was awarded the Air Medal
(1st Oak Leaf Cluster through 11th Oak Leaf Cluster) for meritorious achievement while participating in aerial flight in the RVN during the period
from 8 December 1966 to 17 March 1967.

9.  A review of the applicant's military personnel records reveals that he may be authorized additional awards that are not shown on his DD Form 214.

10.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists the campaigns for Vietnam.  This document shows the applicant participated in the Vietnam Counteroffensive Phase II that extended from 1 July 1966 – 31 May 1967.

11.  Army Regulation 600-8-22 (Military Awards) states that the Republic of Korea War Service Medal (ROKWSM) is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and
27 July 1954.  The service prescribed must have been performed as follows:

   a.  while on permanent assignment;

   b.  while on temporary duty within the territorial limits of Korea or on waters immediately adjacent thereto for 30 consecutive days or 60 nonconsecutive days; or 

   c.  while as crew members of aircraft, in aerial flight over Korea participating in actual combat operations or in support of combat operations.

12.  Army Regulation 600-8-22 states that the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The area of eligibility encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles, and all air spaces above the land and water area.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for
30 consecutive or 60 nonconsecutive days.

13.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a 


prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.

14.  Army Regulation 600-8-22 provides that Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  For example, the numeral 2 denotes the second award of the Air Medal.

15.  Army Regulation 600-8-22 provides, in pertinent part, for 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, including the Vietnam Service Medal.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show award of the Distinguished Flying Cross and 12 awards of the Air Medal because he received the awards while serving in the RVN; however, the awards were not recorded on his discharge document.

2.  Records shows that General Orders awarded the Distinguished Flying Cross to the applicant for heroism while participating in aerial flight in the RVN on
7 January 1967.  Therefore, it would be appropriate to correct the applicant’s records to show award of the Distinguished Flying Cross.

3.  Records show that General Orders awarded the Air Medal to the applicant on twelve occasions, as follows:  the Air Medal for meritorious achievement while participating in aerial flight in the RVN during the period 23 November to
1 December 1966 and the Air Medal (1st Oak Leaf Cluster through 11th Oak Leaf Cluster) for meritorious achievement while participating in aerial flight in the RVN during the period 8 December 1966 to 17 March 1967.  The evidence of record also shows that Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  Therefore, it would be appropriate to correct the applicant’s records to show 12 awards of the Air Medal (i.e., Air Medal with Numeral “12”).

4.  Records show that the applicant qualified for award of the Vietnam Service Medal and that he participated in 1 campaign during his service in the RVN.  Therefore, it would be appropriate to show award of the Vietnam Service Medal with 1 bronze service star.

5.  The evidence of record shows that the applicant served a qualifying period for award of the Republic of Korea War Service Medal.  Therefore, it would be appropriate to correct his records to show this foreign service medal.

6.  The evidence of record shows that the applicant served a qualifying period for award of the Korea Defense Service Medal.  Therefore, it would be appropriate to correct his records to show this service medal.

7.  Records show the applicant qualified expert with the .45 caliber pistol.  Therefore, it would be appropriate to correct his records to show this marksmanship badge with the pistol component bar.

8.  Records show the applicant qualified sharpshooter with the rifle bar. Therefore, it would be appropriate to correct his records to show this marksmanship badge with the rifle component bar.

9.  Records show the applicant qualified marksman with the M-60 machine gun.  Therefore, it would be appropriate to correct his records to show this marksmanship badge with the machinegun component bar.

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:
    
   a.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal; and

   b.  adding to item 24 of his DD Form 214 the Distinguished Flying Cross, Air Medal with Numeral 12, Vietnam Service Medal with 1 bronze service star, Korea Defense Service Medal, Republic of Korea War Service Medal, Expert 

Marksmanship Qualification Badge with Pistol Bar, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Marksman Marksmanship Qualification Badge with Machinegun Bar.



      __________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)                                         AR20080019976



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ABCMR Record of Proceedings (cont)                                         AR20080019976



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