IN THE CASE OF:	

		BOARD DATE:	13 August 2009    

		DOCKET NUMBER:  AR20090003477 


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, that the Purple Heart (PH) with 1st Oak Leaf Cluster (2nd Award) and Air Medal with 19th Oak Leaf Cluster (20th Award) and the "V" (Valor) Device be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states, in effect, his PH with 1st Oak Leaf Cluster (2nd Award) and AM with 19th Oak Leaf Cluster (20th Award) and the "V" Device should be added to item 24 of the list of awards on his DD Form 214.

3.  The applicant provides PH and AM orders and certificates 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.  The applicant's record shows that he was commissioned a second lieutenant (2LT) in the United States Army Reserve (USAR), on 19 March 1964, and entered active duty in that status on 17 April 1964.  

3.  The applicant's DA Form 66 (Officer Qualification Record) shows he served in the Republic of Vietnam (RVN) from 16 September 1965 through 1 May 1966.  Item 18 (Record of Assignments) shows that during his RVN tour, he was assigned to the 114th Aviation Company, performing duties in specialty 1981 as a rotary wing aviator.  It further shows that he departed the RVN, on 1 May 1966, en route to the Valley Forge General Hospital (VFGH), Pennsylvania, where he arrived and entered a patient status on 2 May 1966. 

4.  The applicant's Official Military Personnel File (OMPF) contains 1st Aviation Battalion General Orders (GO) Number (#) 1249, dated 12 April 1967, which awarded the applicant the PH for being wounded in action in the RVN on 
15 March 1966 and 1st Aviation Battalion GO # 2295, dated 16 April 1966, which awarded him the PH for being wounded in action in the RVN on 11 April 1966.  It also contains 1st Aviation Battalion GO # 588, dated 12 October 1966, which awarded him the AM with 19th Oak Leaf Cluster (20th Award) and "V" Device, for heroism in action in the RVN on 10 April 1966.  

5.  On 16 April 1967, the applicant was honorably released from active duty, in the rank of captain, after completing 3 years of active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time shows he earned the following awards during his active duty tenure:  Parachutist Badge, Army Aviator Badge, PH, Valorous Unit Award (VUA), Bronze Star Medal (BSM), and AM with 18th Oak Leaf Cluster.  

6.  The applicant provides a certificate for the PH with 1st Oak Leaf Cluster that shows he was awarded a second PH for being wounded in action in the RVN, on 15 March 1966, and an AM certificate and orders that show he was awarded the AM with 19th Oak Leaf Cluster (20th Award) and the "V" Device for heroism while engaged in aerial flight in connection with military operations against a hostile force in the RVN on 10 April 1966.  

7.  During the processing of this case, a member of the Board’s staff reviewed the Department of the Army (DA) Casualty Roster and found two entries for the applicant which confirm he was wounded in action in the RVN on two separate occasions.  

8.  Army Regulation 600-8-22 (Military Awards) provides guidance on the Army's awards policy.  Paragraph 2-13 contains guidance on the Vietnam Service Medal and states, in pertinent part, that it is authorized for service in the RVN after 
3 July 1965 through 29 March 1973, and that a bronze service star is authorized with this award for each campaign a member was credited with participating in while serving in the RVN.  Table B-1 contains a list of campaigns and shows that during the applicant's tenure of assignment in the RVN, participation credit was granted for the Vietnam Defense and Vietnam Counteroffensive Phase I campaigns. 

9.  Paragraph 9-13 of the awards regulation contains guidance on the RVN Campaign Medal and states, in pertinent part, that it is authorized for six months or more of service in the RVN between 1 March 1961 and 28 March 1973.  It also stipulates that the Device (1960) is authorized with this award. 

10.  Army Regulation 600-8-22 states 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.

11.  Department of the Army General Order Number 8, dated in 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all units assigned to the RVN from 8 February 1962 through 28 March 1973. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the PH with 1st Oak Leaf Cluster (2nd Award) and AM with 19th Oak Leaf Cluster (20th Award) and the "V" Device should be added to the list of awards contained on his DD Form 214 was carefully considered and found to have merit.  The evidence of record includes GOs issued by the 1st Aviation Battalion which awarded the applicant the PH with 1st Oak Leaf Cluster (2nd Award) and the AM with 19th Oak Leaf Cluster (or, Numeral 20) and the "V" Device.  Therefore, it would be appropriate to add these awards to item 24 of his DD Form 214 at this time. 

2.  The evidence also confirms that based on his RVN service and campaign participation, the applicant is also eligible for the VSM with 2 bronze service stars, RVN Campaign Medal with Device (1960), and RVN Gallantry Cross with Palm Unit Citation which should also be added to his record and DD Form 214 at this time.  




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.  amending item 24 of his DD Form 214 by adding the Purple Heart with 1st Oak Leaf Cluster (2nd Award), Air Medal with Numeral 20 and the "V" Device, Vietnam Service Medal with 2 bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), and Republic of Vietnam Gallantry Cross with Palm Unit Citation; and 

   b.  providing him with a document that includes these changes. 




      _______ _   _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)                                         AR20090003477



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ABCMR Record of Proceedings (cont)                                         AR20090003477



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