BOARD DATE: 27 October 2009
DOCKET NUMBER: AR20090010393
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 he was awarded the Distinguished Flying Cross and the Bronze Star Medal.
2. The applicant states he has copies of the awards but did not receive the medals.
3. The applicant provides orders and certificates for the Distinguished Flying Cross and the Bronze Star Medal 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 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. After having had prior enlisted service, the applicant was appointed a warrant officer in the U.S. Army Reserve and ordered to active duty effective 1 December 1969. He served in Vietnam from 4 January 1970 to 22 December 1970 while assigned to the 336th Aviation Company and the 335th Aviation Company. He was released from active duty on 24 December 1970 and transferred to the U.S. Army Reserve Control Group (Annual Training).
3. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 24 December 1970 shows the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Air Medal with V Device with Numeral 2, the Army Aviator Badge, and two overseas service bars as authorized awards.
4. Headquarters, 1st Aviation Brigade, General Orders Number 11669, dated
26 November 1970, awarded the applicant the Distinguished Flying Cross for actions on 15 September 1970.
5. Headquarters, 1st Aviation Brigade, General Orders Number 1290, dated
17 February 1971, awarded the applicant the Bronze Star Medal for service for the period January 1970 to January 1971.
6. Review of the applicant's records reveals entitlement to additional awards that are not shown on his DD Form 214.
7. Headquarters, 1st Aviation Brigade, General Orders Number 9695, dated
1 October 1970, awarded the applicant the Army Commendation Medal for achievement for the period 1 May 1970 to 1 October 1970.
8. 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 336th Aviation Company, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 15 December 1969 to
10 October 1970 by Department of the Army General Orders Number 52, dated 1971.
9. Appendix B of Army Regulation 600-8-22 shows the campaigns for the Republic of Vietnam. During the applicant's tour in the Republic of Vietnam he participated in three campaigns: The Vietnam Winter-Spring 1970, Sanctuary Counteroffensive, and Vietnam Counteroffensive-Phase VII. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his records should be corrected to show award of the Bronze Star Medal and the Distinguished Flying Cross. General orders awarded the applicant these medals in addition to the Army Commendation Medal. Therefore, he is entitled to have his records corrected to show these awards.
2. The applicant was assigned to the 336th Aviation Company during a period of time that the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, he is entitled to have his records corrected to show this unit award.
3. The applicant was awarded the Vietnam Service Medal. Additionally, he participated in three campaigns while serving in Vietnam. Therefore, he is entitled to award of three bronze service stars to be affixed to the already-awarded Vietnam Service Medal and to have his records corrected to show this.
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 to the applicant's DD Form 214 the Distinguished Flying Cross, the Bronze Star Medal, the Army Commendation Medal, the Republic of Vietnam
Gallantry Cross with Palm Unit Citation, and three bronze service stars to be worn on his already-awarded Vietnam Service Medal.
_______ _ _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) AR20090010393
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