IN THE CASE OF:	  

		BOARD DATE:	       10 February 2009

		DOCKET NUMBER:  AR20080013074 


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 that the records of his father, a deceased former service member (FSM), be corrected to reflect two awards of the Air Medal.

2.  The applicant states his father received two Air Medals that are not listed on his separation documents.

3.  The applicant provides copies of orders awarding his father the Air Medals in question as well as a copy of the certificate and citation for one of the awards.

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.  Records available to the Board indicate the FSM enlisted and entered active duty on 16 April 1964.  In October 1964, following completion of training as an aircraft mechanic, he was assigned to the 120th Aviation Company in Vietnam.  By March 1965, he was attached to the 74th Aviation Company.

3.  In October 1965, while still attached to the 74th Aviation Company, he was awarded an Air Medal for meritorious achievement during the period 2 January to 3 June 1965.  United States Army Vietnam General Orders Number 1281, dated 29 October 1965, and contained in his official military personnel file (OMPF), confirmed the award.

4.  The FSM departed Vietnam in December 1965 and was reassigned to an infantry unit in Germany.  On 20 December 1966, he was discharged for the purpose of immediate reenlistment.  Item 26 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his 1966 separation document reflects “AFEXPM [Armed Forces Expeditionary Medal], Acft Crmn [Aircraft Crewman Badge], NDSM [National Defense Service Medal], Mkm(Rifle) [Marksman Marksmanship Qualification Badge with Rifle Bar].” 

5.  In December 1968, the FSM returned to Vietnam where he was initially assigned to the 150th Transportation Detachment.  In February 1969, he was reassigned to the 175th Aviation Company.  

6.  Headquarters, 1st Aviation Brigade General Orders Number 2892, dated 
23 June 1969, awarded the FSM the Air Medal for meritorious achievement during the period 26 February to 7 March 1969.  Copies of those orders are also contained in the FSM’s OMPF.

7.  The FSM returned to the United States in September 1969 and was released from active duty, with an honorable characterization of service, on 12 December 1972, upon expiration of his term of service.  Item 24 on his 1972 separation document reflects two awards of the Army Good Conduct Medal, the Army Commendation Medal with “V” device, the Expert Marksmanship Qualification Badge with Rifle Bar, three overseas bars, the Vietnam Service Medal, and the Vietnam Campaign Medal with “60 Device.”

8.  The FSM’s awards of the Air Medal were omitted from his separation documents.





9.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows the campaigns for Vietnam.  During the applicant’s tours in Vietnam he participated in five campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  Army Regulation 600-8-22 also provides, in pertinent part, that a silver service star is authorized in lieu of five bronze service stars.

10.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 will be entered on the DD Form 214.  Each entry will be verified by the Soldier’s records.

11.  A review of Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 120th Aviation Company and 74th Aviation Company were awarded the Presidential Unit Citation for the period 10 to 13 June 1965 by Department of the Army General Order Number 43, dated 1966.  That same pamphlet shows that all units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms the FSM was awarded two awards of the Air Medal.  His separation document should be corrected accordingly.

2.  Records show the FSM was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in five campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of one silver service star to be affixed to the already-awarded Vietnam Service Medal.

3.  The FSM was assigned to a unit that was awarded the Presidential Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  His records should be corrected accordingly.







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 adding the following awards to the FSM’s separation document issued on 
12 December 1972:

a.  the Air Medal with Numeral “2”;
   
   b.  a silver service star to be worn on his already awarded Vietnam Service Medal; and
   
   c.  the Presidential Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
   




      _______ _   __XXX_____   ___
               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)                                         AR20080013074



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ABCMR Record of Proceedings (cont)                                         AR20080013074



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