IN THE CASE OF:
BOARD DATE: 07 MAY 2009
DOCKET NUMBER: AR20090000053
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect his award of the Air Medal with 15th Oak leaf Cluster and "V" Device (AM w/15th OLC and "V" Device).
2. The applicant states that he did not discover his award of the AM w/15th OLC and "V" Device was missing from his DD Form 214 until he filed a claim with the Department of Veterans Affairs (VA) for Post-Traumatic Stress Disorder (PTSD).
3. The applicant provides a copy of his DD Form 214 and a copy of orders awarding him the AM w/15th OLC and "V" Device.
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 applicants 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 applicants 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 on 26 November 1963 and served on active duty through a series of continuous reenlistments. He served two tours in Vietnam from 1965 to 1966 and from February to October 1970.
3. General Orders 2335, Headquarters, 1st Cavalry Division (Airmobile), dated 10 July 1966, show the applicant was awarded the AM w/15th OLC and "V" Device for heroism in aerial flight on 27 January 1966. General Orders 3615, Headquarters, 1st Cavalry Division (Airmobile), dated 26 October 1966, show the applicant was awarded the AM with 16th OLC for the period from 26 June-
13 July 1966 while in Vietnam.
4. On 31 January 1984, the applicant was honorably released from active duty in pay grade E-6 and he was transferred to the Retired List effective 1 February 1984. He had served 20 years, 2 months and 5 days of total active service and his DD Form shows he was awarded the Air Medal (14th award). He was advanced to pay grade E-7 on the Retired List effective 25 November 1993.
5. Army Regulation 600-8-22 (Military Awards) states that numerals, starting with 2, will be used to denote second and subsequent awards of the Air Medal.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to reflect award of the AM w/15th OLC and "V" Device has been noted and found to have merit.
2. A review of his records shows that in fact, the applicant was awarded the AM w/16th OLC and "V" Device. That is, 17 awards of the AM, one with "V" Device.
3. Accordingly, his records should be corrected to reflect award of the AM numeral 17 and with "V" Device, in lieu of the AM (14th award) that is currently reflected on his DD Form 214.
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 the AM (14th award) that is currently reflected on his DD Form
214 issued on 31 January 1984; and
b. adding the AM with numeral 17 and with "V" Device to the DD Form 214 issued on 31 January 1984.
_______ _ 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) AR20090000053
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ABCMR Record of Proceedings (cont) AR20090000053
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