IN THE CASE OF:
BOARD DATE: 28 July 2009
DOCKET NUMBER: AR20090004342
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 (Report of Transfer or Discharge) to show three awards of the Air Medal (correctly known as the Air Medal with Numeral 3).
2. The applicant states that he was authorized the medals after the DD Form 214 was issued.
3. The applicant provides a copy of his DD Form 214 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 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 in the Regular Army on 15 June 1964 for a period of
4 years. He arrived in Vietnam on 12 April 1965. He served as a Morse code interceptor assigned to Company A, 8th Radio Research Unit in Vietnam from
16 April 1965 through 10 May 1966. On 28 July 1968, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.
3. The applicant's DD Form 214 shows the National Defense Service Medal, the Good Conduct Medal, the Meritorious Unit Commendation, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with Device (1960) as authorized awards.
4. There are no orders for the Air Medal in the available records. However, the applicant's service personnel records contain an AGPZ Form 738 (Record of Army Decorations Board Action), dated 14 October 1968, which shows the Army Decorations Board approved a recommendation for award of the Air Medal (First and Second Oak Leaf Cluster) (i.e., three awards of the Air Medal). On
1 November 1968, the applicant was informed by letter from the Adjutant General that he was awarded the Air Medal (First and Second Oak Leaf Cluster) for meritorious achievement from 25 February 1968 to 7 June 1968.
5. Records show that the applicant participated in two campaigns during his assignment in Vietnam.
6. Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to
28 March 1973.
7. 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.
8. 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, including the Vietnam Service Medal.
DISCUSSION AND CONCLUSIONS:
1. The AGPZ Form 738 and the letter from The Adjutant General which show the applicant was awarded the Air Medal (First and Second Oak Leaf Cluster) are accepted as sufficient evidence on which to amend his DD Form 214 to show the Air Medal with Numeral 3.
2. The applicant participated in two campaigns during his assignment in Vietnam which makes him eligible for award of the Vietnam Service Medal with two bronze service stars. Therefore, the applicant's records should be corrected to show these bronze service stars.
3. The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam. The applicant served in Vietnam during a qualifying period and is eligible for this award. Therefore, it would be appropriate to add this foreign unit award to 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 adding the Air Medal with Numeral 3, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two bronze service stars for wear on his already- awarded Vietnam Service Medal on his DD Form 214.
_______ _ 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) AR20090004342
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ABCMR Record of Proceedings (cont) AR20090004342
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