Search Decisions

Decision Text

ARMY | BCMR | CY2009 | 20090012139
Original file (20090012139.txt) Auto-classification: Approved

		BOARD DATE:	  30 March 2010

		DOCKET NUMBER:  AR20090012139 


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 a records correction to show award of seven Air Medals. 

2.  The applicant states General Orders Number 2508, dated 7 March 1970, issued by Headquarters, 101st Airborne Division (Airmobile) awarded him the second through seventh Air Medal. 

3.  The applicant provides copies of his DD Form 214 (Report of Separation from Active Duty) and a copy of General Orders Number 2508, dated 7 March 1970.

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 9 February 1968 for a 3-year period.  He successfully completed the training requirements for award of military occupational specialty 67N (UH-1 Helicopter Repairman).

3.  He served in the Republic of Vietnam from 17 December 1968 to 1 February 1970.  While in the Republic of Vietnam, he was assigned to Headquarters and Headquarters Company (HHC), 160th Aviation Group and the 449th Transportation Detachment in MOS 67N.

4.  The applicant was awarded the Air Medal (Second through Seventh Award) by Headquarters, 101st Airborne Division (Airmobile), General Orders Number 2508, dated 7 March 1970, for his service from 6 August 1969 to 21 January 1970.

5.  The applicant was discharged on 26 August 1970.  He completed a total of 2 years, 6 months, and 16 days of active federal service with 1 year, 1 month, and 15 days of foreign service.

6.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the following awards:  

* National Defense Service Medal
* Vietnam Service Medal
* Bronze Star Medal
* Aircraft Crewman Badge
* Army Commendation Medal
* Republic of Vietnam Campaign Medal with Device 1960 

7.  The applicant's records show that he is entitled to additional awards which are not listed on his DD Form 214.

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.  HHC,160th Aviation Group was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 July 1968 to 14 May 1969 in Department of the Army General Order (DAGO) Number 5, dated 1979.  The 499th Transportation Detachment was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 20 October 1968 to 14 May 1969 in DAGO Number 48, dated 1971.

9.  Army Regulation 600-8-22 (Military Awards) provides for award of the Vietnam Service Medal.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  Appendix B shows the military campaigns for Vietnam.  During the applicant’s tour in Vietnam, he participated in four campaigns:

* Vietnam Counteroffensive Phase VI (2 November 1968 to 22 February 
1969)  
* Tet 69/Counteroffensive (23 February to 8 June 1969) 
* Vietnam Summer - Fall 1969 (9 June to 31 October 1969) 
* Vietnam Winter - Spring 1970 (1 November 1969 to 30 April 1970)

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Air Medal (Second through Seventh Award).  Therefore, he is entitled to have his DD Form 214 corrected to show these awards.

2.  The applicant participated in four campaigns while serving in the Republic of Vietnam; therefore, he is entitled to four bronze service stars to be affixed to the already-awarded Vietnam Service Medal.

3.  At the time of the applicant’s assignments to HHC, 160th Aviation Group and the 499th Transportation Detachment, these units were awarded the Vietnam Civil Actions Honor Medal First Class Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

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 26 of his DD Form 214 the Vietnam Service Medal; and
	b.  adding to item 26 of his DD Form 214 the following awards:

* Air Medal (Seventh Award)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 



      _______ _   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)                                         AR20090012139



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090012139



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2004 | 2004100341C070208

    Original file (2004100341C070208.doc) Auto-classification: Approved

    The Board considered the following evidence: Exhibit A - Application for correction of military records. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that he was awarded the first award of the Good Conduct Medal for the period 19 September 1966 to 2 September...

  • ARMY | BCMR | CY2002 | 2002075714C070403

    Original file (2002075714C070403.rtf) Auto-classification: Approved

    The applicant requests correction of his records to show award of the Presidential Unit Citation, the Meritorious Unit Commendation, the Army Commendation Medal, the Good Conduct Medal, the Vietnam Service Medal with two or three bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and marksmanship qualification badges for qualification with the grenade, M-14 rifle and the M-16...

  • ARMY | BCMR | CY2013 | 20130001384

    Original file (20130001384.txt) Auto-classification: Approved

    His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Air Medal * Purple Heart * Bronze Star Medal * Vietnam Campaign Medal * Vietnam Service Medal 10. Therefore, he is entitled to correction of his DD Form 214 to show a silver service star affixed to his previously-awarded Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * awarding him the Army Good Conduct...

  • ARMY | BCMR | CY2014 | 20140011540

    Original file (20140011540 .txt) Auto-classification: Approved

    It is appropriate to award the applicant the Army Good Conduct Medal for his period of service from 13 May 1968 through 19 February 1971. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the Vietnam Service Medal from the DD Form 214; b. awarding the applicant Good Conduct Medal for his period of service from 13 May 1968 through 19 February 1971; and c. showing, in addition to the awards shown on his DD Form...

  • ARMY | BCMR | CY2009 | 20090012996

    Original file (20090012996.txt) Auto-classification: Approved

    There are no orders in the applicant's service personnel records awarding him the Aircraft Crew Member Badge or assigning the applicant to non-crewmember flight status; however, Item 38 (Record of Assignments) of his DA Form 20 shows he performed the duties of Helicopter Repairman Helper (MOS: 67A1O) and Helicopter Repairman (MOS: 67N2O) for a combined period of 1 year, 6 months, and 21 days while in Vietnam. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation...

  • ARMY | BCMR | CY2010 | 20100021990

    Original file (20100021990.txt) Auto-classification: Approved

    The evidence of record confirms the applicant was awarded the AGCM (1st Award) for his qualifying period of honorable service from 28 May 1965 to 27 May 1968. The evidence of record in this case confirms that although the applicant served in duty MOS 11B during his RVN tour, he never held an infantry MOS. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct Medal (2nd Award) for his...

  • ARMY | BCMR | CY2005 | 20050001129C070206

    Original file (20050001129C070206.doc) Auto-classification: Approved

    The applicant’s military records show he enlisted in the Regular Army and entered active duty 19 July 1954. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. United States Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards), in effect at the time, provided guidelines for award of the AM.

  • ARMY | BCMR | CY2005 | 20050001129C070206

    Original file (20050001129C070206.TXT) Auto-classification: Approved

    Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. United States Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards), in effect at the time, provided guidelines for award of the AM. The evidence of record confirms the applicant held the rank and pay grade of PVT/E-2 on the date of his separation from active duty.

  • ARMY | BCMR | CY2013 | 20130005397

    Original file (20130005397.txt) Auto-classification: Approved

    Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. Regrettably, in the absence of orders, there is insufficient evidence to correct his DD Form 214 to show award of the Army Commendation Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * awarding him the Army Good...

  • ARMY | BCMR | CY2013 | 20130003528

    Original file (20130003528.txt) Auto-classification: Approved

    His record contains a DA Form 20 (Enlisted Qualification Record) that shows in: a. item 38 (Record of Assignments) he received all "excellent" conduct and efficiency ratings throughout his service; b. item 40 (Wounds) contains no entry (blank); c. item 41 (Awards and Decorations) the entry: * National Defense Service Medal * Air Crewman Badge * Vietnam Service Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Campaign Medal with Device (1960) * Air...