IN THE CASE OF:	  

		BOARD DATE:	  9 September 2009

		DOCKET NUMBER:  AR20090005515 


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 records to show 25 awards of the Air Medal (correctly known as the Air Medal with Numeral 25) or greater, if earned, and any other awards earned by his unit while in Vietnam.

2.  The applicant states the awards were left off upon leaving the Vietnam War and the Army.

3.  The applicant provides a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), a letter from the National Personnel Records Center, and orders for the Air Medal with Numeral 25 in support of this 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 enlisted in the Regular Army on 18 August 1966 and upon completion of initial entry training was awarded military occupational specialty 67N (UH-1 Helicopter Repairman).  He served in Vietnam from 6 February 1967 to 29 January 1968 while assigned to the 335th Assault Helicopter Company.

3.  Headquarters, 1st Aviation Brigade, General Orders Number 2003, dated 25 May 1967, awarded the applicant the first award of the Air Medal for the period 8 April 1967 to 10 April 1967.

4.  Headquarters, 1st Aviation Brigade, General Orders Number 1275, dated 8 March 1968, awarded the applicant the Air Medal (First through Twenty-Fifth Oak Leaf Cluster) for the period 10 April 1967 to 17 January 1967 [sic].

5.  The applicant was honorably released from active duty on 15 August 1969.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the Sharpshooter Marksmanship Qualification Badge with Rifle 
Bar (M-14), the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960), the Air Medal (First Award), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, one overseas service bar, the Army Good Conduct Medal, and the National Defense Service Medal as authorized awards.

6.  Army Regulation 600-8-22 (Military Awards) 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.

7.  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 pamphlet shows that at the time of the applicant's assignment to the 335th Assault Helicopter Company, it was cited for award of the Presidential Unit Citation for the period 6 November 1967 to 23 November 1967 by Department of the Army General Orders (DAGO) Number 42, dated 1969, as amended by DAGO Number 5, dated 1979, and the Meritorious Unit Commendation for the period 1 February 1967 to 31 December 1967 by DAGO Number 48, dated 1968, as amended by DAGO Number 70, dated 1969.

8.  Army Regulation 600-8-22 provides, in pertinent part, that the Aircraft Crew Member Badge (currently known as the Basic Aviation Badge) may be permanently awarded for successful completion of formal advanced individual training in career management field 67 military occupational specialties.

9.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) prescribes the authorization for wear of uniforms and prescribes the awards, insignia and accouterments authorized for wear on the uniform.  In pertinent part, it states one overseas service bar is authorized for each period of 6 months of active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival in Vietnam and the month of departure from Vietnam will count as a whole month for credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the Air Medal with Numeral 25 was omitted from his records.

2.  General orders, dated 25 May 1967, awarded the applicant the first award of the Air Medal.  General orders, dated 8 March 1968, awarded the applicant the Air Medal (First through Twenty-Fifth Oak Leaf Cluster) which is now known as the Air Medal with Numeral 26.  The applicant is entitled to have his records corrected to reflect this fact.

3.  The applicant was assigned to a unit during a period of time that unit was awarded the Presidential Unit Citation and the Meritorious Unit Commendation.  These unit awards should be added to his DD Form 214.

4.  The applicant completed formal advanced individual training and served as a UH-1 Helicopter Repairman (career management field 67).  Therefore, he is entitled to award of the Basic Aviation Badge.

5.  Although an overseas service bar is an item of uniform wear and not an award or decoration, the applicant’s DD Form 214 shows he is eligible to wear one overseas service bar.  However, based on his overseas service he is eligible to wear two overseas service bars.  Therefore, his DD Form 214 should be amended to reflect this fact.

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 the applicant the Basic Aviation Badge;

   b.  deleting the Air Medal and one overseas service bar from the applicant's DD Form 214; and

	c.  adding the Air Medal with Numeral 26, the Presidential Unit Citation, the Meritorious Unit Commendation, the Basic Aviation Badge, and two overseas service bars to the applicant's 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)                                         AR20090005515



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ABCMR Record of Proceedings (cont)                                         AR20090005515



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