BOARD DATE:	  22 December 2009

		DOCKET NUMBER:  AR20090012821 


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 that he be issued a DD Form 215 (Correction to DD Form 214 (Certificate of Release or Discharge from Active Duty)) to show the appropriate awards he received during active duty service in Vietnam, to include the Bronze Star Medal, the Air Medal with 12 oak leaf clusters, the Vietnam Service Medal with the appropriate number of campaign stars, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  

2.  The applicant states that his DD Form 214 issued on 6 April 1972 was incomplete or logged in error.  He contends that his DD Form 214 does not record all of his awards and decorations he was awarded during his active duty service.  

3.  The applicant provides a copy of his DD Form 214 for the period ending 6 April 1972; his retirement orders, dated 21 November 2005; and his DA Form 2-1 (Personnel Qualification Record – Part II) 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 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 was appointed as a Reserve commissioned officer on 7 June 1968 and was ordered to active duty on 5 July 1968.

3.  The applicant’s DA Form 66 (Officer Qualification Record) shows he was assigned to Vietnam on 15 November 1970 with Headquarters and Headquarters Company, 34th General Support Group.  He remained assigned to this unit until 22 December 1970.  His DA Form 66 shows he was reassigned to the 221st Aviation Company on 23 December 1970.

4.  Headquarters, 1st Aviation Brigade, General Orders Number 6929, dated 26 October 1971, show the applicant was awarded the Bronze Star Medal for meritorious service from 15 November 1970 to 14 November 1971 in the Republic of Vietnam.

5.  Headquarters, 1st Aviation Brigade, General Orders Number 7138, dated 11 November 1971, show the applicant was awarded the Air Medal (Second through Twelfth Award) for meritorious achievement while participating in aerial flight from 19 February 1971 to 28 September 1971 in the Republic of Vietnam.  

6.  The applicant departed Vietnam on 5 November 1971.  He received credit for participation in the Vietnam Counteroffensive Phase VII and the Consolidation I campaigns.  

7.  The applicant was discharged on 6 April 1972.  His DD Form 214 shows he was awarded the National Defense Service Medal, the Aviator Badge, the Air Medal, the Republic of Vietnam Campaign Medal with Device (1960), and two Overseas Service Bars.

8.  The applicant was retired and placed on the retired list on 3 March 2006 in the rank of colonel.  

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that, at the time of the applicant’s assignment to the 34th General Support Group, this unit was cited for award of the Meritorious Unit Commendation by Department of the Army General Orders Number 5, dated 1970.

10.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment to the 34th General Support Group, this unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 6, dated 1974.

11.  Army Regulation 600-8-22 (Military Awards) provides that Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The numeral 2 denotes the second award of the Air Medal.  

12.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

13.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.  

DISCUSSION AND CONCLUSIONS:

1.  Orders published by the 1st Aviation Brigade awarded the applicant the Bronze Star Medal for meritorious service from 15 November 1970 to 14 November 1971.  Therefore, the Bronze Star Medal should be added to his DD Form 214.  

2.  The applicant's DD Form 214 shows the basic Air Medal as an authorized award.  

3.  General orders show the applicant was awarded the second through the twelfth award of the Air Medal for meritorious achievement while participating in aerial flight for the period 19 February 1971 to 28 September 1971.  Therefore, the applicant's DD Form 214 should be amended to reflect the Air Medal with Numeral "12."

4.  The applicant served a period of qualifying service in Vietnam for award of the Vietnam Service Medal.  He also received credit for participation in two campaigns during the Vietnam War.  Therefore, his DD Form 214 should be amended to reflect award of the Vietnam Service Medal with two bronze service stars.  

5.  The applicant was assigned to a unit during a period it was awarded the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, these awards should be added to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ____x____  ____x__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 by adding award of the Bronze Star Medal, the Air Medal with Numeral “12,” the Vietnam Service Medal with two bronze service stars, the Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the Air Medal with 12 oak leaf clusters.  




      _______ _   __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)                                         AR20090012821





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ABCMR Record of Proceedings (cont)                                         AR20090012821



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