BOARD DATE:	  21 July 2009

		DOCKET NUMBER:  AR20090004195 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Air Medal.

2.  The applicant states that he received the Air Medal after he was discharged and it is not listed on his DD Form 214.

3.  The applicant provides a letter, dated 3 March 2009, from the National Personnel Records Center 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 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 inducted into the Army of the United States on 21 May 1964.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 72B (Communications Center Specialist).  He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 12 May 1966 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) for completion of his Reserve obligation.

3.  The applicant’s record shows he served in the Republic of Vietnam from on or about 23 August 1965 to on or about 12 May 1966.  He was assigned to Company A, 54th Signal Battalion.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded Sharpshooter Marksmanship Qualification Badge with Rifle Bar [M-14], Good Conduct Medal (1st Award), and Vietnam Service Medal.  Item 24 does not show award of the Air Medal.

5.  Headquarters, I Field Force Vietnam, General Orders Number 191, dated 1 June 1966, show the applicant was awarded the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam from 21 November 1965 to 3 May 1966.

6.  Review of the applicant's records indicates his entitlement to additional awards that are not shown on his DD Form 214.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal with Device (1960).  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period
1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 54th Signal Battalion was awarded the Meritorious Unit Commendation from 1 September 1965 to 30 June 1966 based on Department of the Army General Orders Number 17, dated 1968; and the Republic of Vietnam Gallantry Cross with Palm Unit Citation from 1 August 1965 to 16 April 1971 based on Department of the Army General Orders Number 54, dated 1974. 


9.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Defense Campaign (8 March 1965 - 24 December 1965) and the Vietnam Counteroffensive (25 December 1965 - 30 June 1966) campaigns during his tour of duty in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

10.  Army Regulation 600-8-22 provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Air Medal.

2.  General Orders awarded the applicant the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam, which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  General Orders awarded the applicant's unit the Meritorious Unit Commendation and Republic of Vietnam Gallantry Cross with Palm Unit Citation, which are not shown on his records.  Therefore, he is entitled to correction of his records to show these unit awards.

4.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in two campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

5.  The evidence of record shows the applicant served in the Republic of Vietnam from 23 August 1965 to 12 May 1966.  As such, he served a qualifying period of service for award of Republic of Vietnam Campaign Medal with Device (1960).  Therefore, he is entitled to correction of his records to show this award.

6.  The applicant’s records show he honorably served between 21 May 1964 and 12 May 1966.  As such, he served a qualifying period for award of the National Defense Service Medal.  Therefore, he is entitled to correction of his records to show this award.

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 from Item 24 of the applicant's DD Form 214 the Vietnam Service Medal and replacing it with the Vietnam Service Medal with two bronze service stars; and

	b.  adding to Item 24 of the applicant's DD Form 214 the Air Medal, National Defense Service Medal, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Campaign Medal with Device (1960).



      ___________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)                                         AR20090004195



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ABCMR Record of Proceedings (cont)                                         AR20090004195



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