IN THE CASE OF:	   

		BOARD DATE:	         2 April 2009

		DOCKET NUMBER:  AR20090000778 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 28 October 1968 to show 37 awards of the Air Medal (correctly known as the Air Medal with Numeral 37) and a second award of the Purple Heart (correctly known as the Purple Heart with First Oak Leaf Cluster).

2.  The applicant states, in effect, that when this DD Form 214 was being prepared he did not have any paperwork with him and he was told that his DD Form 214 could be corrected at anytime.

3.  The applicant provides three DD Forms 214 for the periods ending 
9 September 1963, 15 June 1964, and 28 October 1968; a DA Form 1577 (Authorization for Issuance of Awards); orders for the Purple Heart; and orders for the Distinguished Flying Cross with Third Oak Leaf Cluster 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.  Having prior enlisted service, the applicant was appointed as a warrant officer and entered active duty on 16 June 1964.  He arrived in Vietnam on 28 November 1964.  He served as a helicopter pilot assigned to the 68th Aviation Company in Vietnam from 30 November 1964 through 28 February 1965.  He was assigned to the 197th Aviation Company in Vietnam from 1 March 1965 through 9 November 1965.  He served a second tour in Vietnam as a helicopter pilot assigned to Headquarters and Headquarters Company, 228th Aviation Battalion, from 14 May 1967 through 1 March 1968.  On 28 October 1968, he was permanently retired by reason of physical disability.

3.  The applicant's DD Form 214 for the period ending 28 October 1968 shows the Distinguished Flying Cross, the Bronze Star Medal with First Oak Leaf Cluster, the Air Medal with Twenty-Fourth Oak Leaf Cluster (i.e., 25 awards), the Army Commendation Medal, the Purple Heart, the Republic of Vietnam Campaign Medal with Device (1960), the Vietnam Service Medal, the National Defense Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Presidential Unit Citation as authorized awards.

4.  Orders show the applicant received the Air Medal with Thirty-Sixth Oak Leaf Cluster (i.e., 37 awards).

5.  Headquarters, United States Army Vietnam, General Orders Number 360, dated 31 August 1965, show the applicant received the Purple Heart for wounds received in action on 25 August 1965.

6.  There are no orders for a second award of the Purple Heart.

7.  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 a second award of the Purple Heart. 

8.  The applicant provided a citation for award of the Distinguished Flying Cross with Third Oak Leaf Cluster for heroism on 4 February 1968 in Vietnam which states, in pertinent part, that he was seriously wounded.

9.  There are no orders for the Army Commendation Medal in the applicant's service personnel records.  Item 21 (Awards and Decorations) of his DA Form 66 (Officer Qualification Record) does not show entitlement to the Army Commendation Medal.  However, this form does show entitlement to the Army Commendation Medal with "V" Device. 

10.  Headquarters, 1st Cavalry Division (Airmobile), General Orders, dated 17 December 1967, show the applicant received the Army Commendation Medal with "V" Device for heroism on 27 October 1967 in Vietnam.

11.  Records show the applicant participated in three campaigns during his assignments in Vietnam.

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 the applicant's unit (197th Aviation Company) is entitled to award of the Meritorious Unit Commendation for actions during the period May to November 1965 based on Department of the Army General Orders Number 40, dated 1966.  His unit (228th Aviation Battalion) is also entitled to award of the Meritorious Unit Commendation for actions during the period 1 April 1967 to 30 November 1967 based on Department of the Army General Orders Number 73, dated 1968.

13.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The numeral 2 denotes the second award of the Air Medal.

14.  Army Regulation 600-8-22 provides, in pertinent part, that the bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

15.  Army Regulation 600-8-22, in pertinent part, authorizes 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.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant received 37 awards of the Air Medal.  Therefore, his DD Form 214 for the period ending 28 October 1968 should be corrected to show the Air Medal with Numeral 37.  

2.  The citation for award of the Distinguished Flying Cross with Third Oak Leaf Cluster for heroism on 4 February 1968 in Vietnam which states that the applicant was seriously wounded is accepted as sufficient evidence on which to base a second award of the Purple Heart.  Therefore, his DD Form 214 for the period ending 28 October 1968 should be corrected to show the Purple Heart with First Oak Leaf Cluster.

3.  The applicant's DD Form 214 for the period ending 28 October 1968 shows the Distinguished Flying Cross as an authorized award.  However, orders show he received the Distinguished Flying Cross with Third Oak Leaf Cluster.  Therefore, this DD Form 214 should be corrected to show the Distinguished Flying Cross with Third Oak Leaf Cluster.

4.  Although the applicant's DD Form 214 for the period ending 28 October 1968 shows the Army Commendation Medal as an authorized award, there are no orders for the Army Commendation Medal.  Orders show the applicant received the Army Commendation Medal with "V" Device.  Therefore, this DD Form 214 should be corrected to show the Army Commendation Medal with "V" Device.

5.  The applicant participated in three campaigns during his assignment in Vietnam which makes him eligible for award of the Vietnam Service Medal with three bronze service stars.

6.  The applicant’s units (197th Aviation Company and 228th Aviation Battalion) were each awarded one award of the Meritorious Unit Commendation while he was assigned to them.  Therefore, his DD Form 214 for the period ending 
28 October 1968 should be corrected to show two awards of the Meritorious Unit Commendation.

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.  awarding him the Purple Heart with First Oak Leaf Cluster for wounds received in action on 4 February 1968 in Vietnam; 

	b.  deleting from his DD Form 214 for the period ending 28 October 1968 the Distinguished Flying Cross, the Air Medal with Twenty-Fourth Oak Leaf Cluster, the Army Commendation Medal, the Vietnam Service Medal, and the Purple Heart; and

	b.  amending his DD Form 214 for the period ending 28 October 1968 to add the Air Medal with Numeral 37, the Purple Heart with First Oak Leaf Cluster, the Distinguished Flying Cross with Third Oak Leaf Cluster, the Army Commendation Medal with "V" Device, the Vietnam Service Medal with three bronze service stars, and two awards of the Meritorious Unit Commendation.



      ______ _   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)                                         AR20090000778





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ABCMR Record of Proceedings (cont)                                         AR20090000778



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