BOARD DATE: 15 October 2009
DOCKET NUMBER: AR20090008725
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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected by adding the Air Medal (AM) with 2nd Oak Leaf Cluster (3rd Award) with "V" Device and the Presidential Unit Citation (PUC).
2. The applicant states, in effect, that he earned and was awarded the AM with 2nd Oak Leaf Cluster with "V" Device and the PUC; however, these awards are not correctly reflected on his DD Form 214.
3. The applicant provides an electronic mail (e-mail) message and AM and PUC award orders 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. A DD Form 215 (Correction to DD Form 214) issued on 2 September 2008 amended item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 by adding the Purple Heart (PH), AM with "V" Device and Numeral 32, Army Good Conduct Medal (AGCM), National Defense Service Medal (NDSM), Vietnam Service Medal (VSM) with four bronze service stars, Republic of Vietnam Gallantry Cross (RVNGC) with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal (RVNCAHM) First Class Unit Citation, Republic of Vietnam Campaign Medal (RVNCM) with Device (1960), Expert Marksmanship Qualification Badge with Machine Gun Bar, Sharpshooter Marksmanship Qualification Badge with Rifle and Automatic Rifle Bars, two overseas service bars, and Basic Aviation Badge. As a result, given the AM entry added by the DD Form 215 represents 32 separate awards of the AM and that it was awarded with the "V" Device, the AM portion of the applicant's request has clearly been accomplished administratively. Therefore, given further Board action on this request is not required, it will not be addressed further in this Record of Proceedings.
3. The applicant's record shows he was inducted into the Army of the United States on 5 January 1967 and that he was initially trained in and awarded military occupational specialty (MOS) 11D (Armor Intelligence Specialist) on 19 May 1967. He was later awarded MOS 67A (Helicopter Mechanic Helper) on 9 May 1968. His record further shows that specialist four (SP4)/E-4 is the highest grade he attained while serving on active duty.
4. The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 22 October 1967 through 18 October 1968. Item 38 (Record of Assignments) shows that during his RVN tour he was assigned to 170th Aviation Company performing duties as a helicopter door gunner. Item 41 (Awards and Decorations) shows he earned the VSM, NDSM, AM with 2nd Oak Leaf Cluster with "V" Device, RVNCM, AGCM, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and Expert Marksmanship Qualification Badge with Hand Grenade Bar.
5. On 19 October 1968, the applicant was honorably released from active duty in the rank of SP4 after completing 1 year, 9 months, and 15 days of active military service. Item 24 of the DD Form 214 he was issued at the time, as amended by a 2 September 2008 DD Form 215, shows he earned the PH, AM with "V" Device and Numeral 32, AGCM, NDSM, VSM with four bronze service stars, RVNGC with Palm Unit Citation, RVNCAHM First Class Unit Citation, RVNCM with Device (1960), Basic Aviation Badge, Expert Marksmanship Qualification Badge with Machine Gun Bar, Sharpshooter Marksmanship Qualification Badge with Rifle and Automatic Rifle Bars, and two overseas service bars.
6. The applicant provides an e-mail message from a representative of the U.S. Army Human Resources Command (HRC) Military Awards Branch, dated 19 December 2003, which indicates that the PUC was awarded to the 52nd Aviation Battalion and announced in Department of the Army General Order (DAGO) Number 38 on 20 July 1971. DAGO Number 38, dated 20 July 1971, awarded the 52nd Aviation Battalion, of which the 170th Aviation Company was a part, the PUC for extraordinary heroism during the period 29 October 1967 through 30 November 1967.
DISCUSSION AND CONCLUSIONS:
The applicant's contention that the PUC should be added to his DD Form 214 was carefully considered and found to have merit. The evidence of record confirms the applicant's unit, which was a part of the 52nd Aviation Battalion, was awarded the PUC by DAGO Number 38, dated 20 July 1971, during his tenure of assignment. Therefore it would be appropriate to add this award to his 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 adding the Presidential Unit Citation to item 24 of his DD Form 214 dated 19 October 1968.
___________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) AR20090008725
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ABCMR Record of Proceedings (cont) AR20090008725
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