IN THE CASE OF:	

		BOARD DATE:	  17 December 2009

		DOCKET NUMBER:  AR20090011003 


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 (Certificate of Release or Discharge from Active Duty) to show award of the Meritorious Service Medal (MSM), Army Commendation Medal (ARCOM), and the Air Medal (AM) with
1st through 17th oak leaf cluster.

2.  The applicant states the MSM and the ARCOM were not entered on his DD Form 214.  He also states that the AM with 1st through 17th oak leaf cluster may not have been properly recorded in his personnel file since they were awarded in the field of combat.

3.  The applicant provides copies of the MSM and ARCOM orders and respective certificates; and two Air Medal certificates 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's military records show he enlisted in the Regular Army (RA) on 12 March 1964.  He was awarded military occupational specialty (MOS) 12B (combat engineer).  The highest rank/grade he attained during his tenure of service was sergeant first class (SFC)/E-7.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 13 March 1966 to 13 April 1967.  His records show he performed duties as a door gunner while assigned to Company C, 227th Aviation Battalion, Headquarters, 1st Cavalry Division during the period 1 July 1966 to 20 October 1966.

4.  The applicant served continuously until he was honorably released from active duty for length of service on 31 March 1984 and placed on the retired list.  He completed a total 20 years and 19 days of creditable active military service.

5.  The applicant provided Headquarters, XVIII Airborne Corps, Fort Bragg, NC, Permanent Orders 20-3, dated 30 January 1984, that awarded him the MSM for meritorious service during the period 17 May 1983 to 31 March 1984.
 
6.  The applicant provided Headquarters, 18th Infantry Division, Permanent Orders 74-4, dated 28 June 1977, that awarded him the ARCOM for meritorious service during the period of 9 July 1974 to 4 August 1977.

7.  The applicant's records are void of any orders awarding him the AM.  However, his DA Form 20 shows he was awarded the AM on 5 September 1966 based on General Orders 3125 and his DD Forms 214 also show he was awarded the AM.

8.  The applicant provided a certificate with the signature of the respective commanding general of the issuing organization to which he was assigned at the time, showing he was awarded the AM for the period 3 July 1966 to 24 July 1966 and the AM with 1st through 17th oak leaf cluster for meritorious achievement while participating in aerial flight during the period 2 August 1966 to 23 February 1967.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the AM is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose 
combat duties require them to fly; for example, personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders is required.

10.  Army Regulation 600-8-22 also provides that Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the AM.  The numeral 18 denotes the 18th award (i.e., the 17th oak leaf cluster) of the AM.

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders show the applicant was awarded the MSM and the ARCOM.  Therefore, he is entitled to have these awards added to his DD Form 214 for the period ending 31 March 1984.

2.  While there are no available orders, the applicant's DA Form 20 and DD Forms 214 show the applicant was awarded the initial AM.  The certificates provided by the applicant for both the initial AM and the AM with 1st through 17th oak leaf clusters have the signature of the respective commanding general of the issuing organization at the time of issuance.  His records also show he served in Vietnam as a door gunner during the periods shown on these certificates.  As such, there is sufficient evidence to warrant adding the AM with numeral 18 to his DD Form 214.

3.  In view of the foregoing, it would be appropriate to correct the applicant's records as shown below. 

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 13 of his DD form 214 for the period ending 31 March 1984 the Air Medal; and

	b.  adding to item 13 of his DD Form 214 for the period ending 31 March 1984 to Meritorious Service Medal, Army Commendation Medal, and the Air Medal with numeral 18.



      ___________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)                                         AR20090011003



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ABCMR Record of Proceedings (cont)                                         AR20090011003



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