IN THE CASE OF:
BOARD DATE: 23 July 2009
DOCKET NUMBER: AR20090002346
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 Air Medal with "V" Device and the Army Good Conduct Medal be shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states he was awarded these medals but they do not appear on his DD Form 214.
3. The applicant provides copies of his DD Form 214 and a newspaper article describing his receipt of the Air Medal with "V" Device in support of his request.
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 was inducted into the Army of the United States on 28 November 1966, completed training as an airborne sensor specialist, and served in Vietnam from 22 May 1968 to 18 November 1968 with the 131st Surveillance Aviation Company, 1st Aviation Brigade. He departed Vietnam after being credited with participation in three campaigns.
3. On 21 November 1968, he was separated with an honorable characterization of service and transferred to the U.S. Army Reserve Control Group (Annual Training). His DD Form 214 lists his authorized awards as the National Defense Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16), Republic of Vietnam Campaign Medal with Device (1960), Vietnam Service Medal, and one overseas service bar.
4. Headquarters, 1st Aviation Brigade, General Orders Number 6066, dated 3 September 1968, awarded him the Air Medal and Headquarters, 1st Aviation Brigade, General Orders Number 6203, dated 9 September 1968, awarded him the Air Medal with First Oak Leaf Cluster and "V" Device.
5. Headquarters, 212th Combat Support Aviation Battalion, General Orders Number 33, dated 17 October 1968, awarded him the Army Good Conduct Medal (First Award).
6. The applicant's record indicates entitlement to other awards as follows:
a. Appendix B of Army Regulation 600-8-22 (Military Awards) shows the campaigns for Vietnam. During the applicants tour in Vietnam he participated in two 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.
b. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant's unit was awarded the Valorous Unit Award based on Department of the Army General Orders Number 5, dated 1973.
c. Department of the Army Pamphlet 672-3 shows the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.
7. 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. The numeral 2 denotes the second award of the Air Medal.
DISCUSSION AND CONCLUSIONS:
1. The applicant states he was awarded the Air Medal with "V" Device and the Army Good Conduct Medal, but they do not appear on his DD Form 214.
2. He was awarded the Air Medal with First Oak Leaf Cluster and "V" Device (now shown as the Air Medal with Numeral "2" and "V" Device) and the Army Good Conduct Medal. They should be shown on his DD Form 214.
3. He is also authorized the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars for wear on the Vietnam Service Medal. These should also be shown 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 showing that, in addition to the awards already shown on his DD Form 214, he is authorized the Air Medal with Numeral 2 and "V" Device, Army Good Conduct Medal, Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars for wear on the Vietnam Service Medal.
____________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) AR20090002346
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090002346
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130017513
His DA Form 66 (Officer Qualification Record) shows his service number as XXXXX345 and shows in: a. item 18 (Record of Assignments) that he was assigned to the 219th Aviation Company in Vietnam from 27 May 1967 through 17 May 1968. b. item 21 (Awards and Decorations) that he was awarded or authorized the: * Parachutist Badge * National Defense Service Medal * Army Aviator Badge * Vietnam Service Medal * Air Medal * Republic of Vietnam Campaign Medal with Device (1960) * two overseas service...
ARMY | BCMR | CY2007 | 20070008189
The applicant states his DD Form 214 for the period ending 30 January 1970 does not show that he was awarded a total of 31 Air Medals while serving in Vietnam. The applicant's DD Form 214 for the period ending 30 January 1970 shows he was awarded the National Defense Service Medal, the Purple Heart, the Army Aviator Badge, the Vietnam Service Medal, the Air Medal with "V" Device, the Republic of Vietnam Campaign Medal with Device (1960), and two Overseas Service Bars. As a result, the...
ARMY | BCMR | CY2011 | 20110009590
At the time of the applicant's service, the Aviation Badge was called the Aircraft Crewman Badge and would not have been abbreviated as shown on his DD Form 214. NPRC improperly changed the applicant's Army Aviator Badge ["ArAvBad" as shown on his DD Form 214] to the Aviation Badge. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. voiding the 28 January 2004 DD Form 215; b. deleting the entire award entries from item...
ARMY | BCMR | CY2011 | 20110009944
The applicant's DA Form 20 (Enlisted Qualification Record) shows in: a. item 29 (Qualification in Arms) he qualified: * Sharpshooter with the M-14 Rifle on 29 April 1966 * Expert with the M-60 Machinegun on 7 July 1966 * Sharpshooter with the M-16 Automatic Rifle on 1 July 1966 b. item 31 (Foreign Service) Republic of Vietnam (RVN) from 13 September 1966 through 21 August 1968; c. item 38 (Record of Assignments) he was assigned to the: (1) 68th Assault Helicopter Company, from 27 September...
ARMY | BCMR | CY2011 | 20110004347
3rd Surgical Hospital General Orders Number 211 of 31 December 1967 awarding him the Purple Heart for wounds sustained on 30 December 1967; b. USARV Form 157-R (Recommendation for Decoration for Valor or Merit) showing that, on 30 January 1968, the company commanding [a major] recommended, in a narrative of approximately 450 words, that the applicant be awarded the Army Commendation Medal for meritorious service for the period 19 April 1968 through 18 April 1968; c. 1st Aviation Brigade...
ARMY | BCMR | CY2002 | 2002078364C070215
He also requests correction of his DD Form 214 (Report of Transfer or Discharge) with an effective date of 11 March 1971 to show award of the Distinguished Flying Cross, the Air Medal (Second Award) with "V" Device and the Bronze Star Medal based on award of the Combat Infantryman Badge that he earned during the Vietnam War. The applicant states, in effect, that he is entitled to the Air Medal (Second Award) with "V" Device and the Bronze Star Medal that was issued to all combat...
ARMY | BCMR | CY2008 | 20080017252
Army Regulation 672-5-1, in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service. The applicant requests that the Air Medal with 26 Oak Leaf Clusters, the Purple Heart, the Army Commendation Medal and the Republic of Vietnam Gallantry Cross with Bronze Star be added to his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2008 | 20080009033
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Air Medal with three silver oak leaf clusters. His DD Form 214 for the period ending 18 August 1967 shows the Vietnam Service Medal with two bronze service stars, the Army Good Conduct Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Air Medal with one silver oak leaf cluster and four bronze oak leaf clusters, the National Defense Service...
ARMY | BCMR | CY2008 | 20080010227
The evidence of record shows that on 22 October 1967, while in the RVN, the applicant requested transfer to the 12th Aviation Group for duty as a helicopter door gunner. The applicant's records show he was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. adding the already awarded DFC and ARCOM with "V" Device to the applicant's DD Form 214; b. deleting the "Air Medal" and adding the...
ARMY | BCMR | CY2010 | 20100010893
He served with the 271st Aviation Company from 5 April 1968 through 14 October 1968 as a 67U c. He served with the 271st Aviation Company from 27 June 1969 through 31 October 1970 as a 67U; d. He participated during four campaign periods; e. He was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Air Medal, Army Commendation Medal, Combat Infantryman Badge, Air Medal (2nd Award) with "V" Device, Army Commendation Medal...