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 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. 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 applicants 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 applicants 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.
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