BOARD DATE:	  20 April 2010

		DOCKET NUMBER:  AR20090017187 


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 item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected by adding the Air Medal with 9th Oak Leaf Cluster (10th Award).

2.  The applicant states he has evidence showing he was awarded six oak leaf clusters, but he knows the evidence of the 9th Oak Leaf Cluster exists.

3.  The applicant provides AM orders for award of 1st through 4th Oak Leaf Clusters and 5th and 6th Oak Leaf Clusters and a DD Form 214 in support of the 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 record shows he enlisted in the Regular Army and entered active duty on 9 June 1965.  He was trained in, awarded, and served in military occupational specialty (MOS) 91B (Medical Specialist) and specialist five/E-5 is the highest grade he attained while serving on active duty.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 28 May 1966 through 1 January 1968.  Item 38 (Record of Assignments) shows that during his RVN tour he was assigned to the following units for the periods and performing the duties indicated:

	a.  Headquarters Battery, 3rd Howitzer Battalion, 6th Artillery Regiment, from 28 May 1966 through 13 August 1967 in MOS 91B (battery aidman and ambulance driver); and

	b.  254th Medical Detachment from 14 August 1967 through 29 December 1967 in MOS 91B (medical specialist).

4.  The applicant's record contains Headquarters, 44th Medical Brigade, General Orders Number 218, dated 2 March 1968.  These orders awarded the applicant the AM 5th and 6th Oak Leaf Clusters for the periods 22 October 1967 through 
2 November 1967 and 4 November 1967 through 25 December 1967, respectively.   The record is void of any additional AM award orders.

5.  On 7 June 1968, the applicant was honorably released from active duty after completing 2 years, 11 months, and 29 days of active miltiary service.  Item 24 of the DD Form 214 he was issued at the time shows he earned the following awards:

* Army Good Conduct Medal
* Bronze Star Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* National Defense Service Medal
* three overseas service bars
* Vietnam Service Medal with bronze service star
* RVN Campaign Medal with Device (1960)
* Army Commendation Medal with "V" Device
* Air Medal with 4th Oak Leaf Cluster (5th Award)
* Aircraft Crewman Badge

6.  Army Regulation 600-8-22 (Military Awards) contains the Army's award policy and states the following in the paragraphs/tables indicated:

	a.  Paragraph 2-13 (Vietnam Service Medal) states a bronze service star is authorized for wear with the Vietnam Service Medal for each campaign a member is credited with participating in while in the RVN.

	b.  Table B-1 (Campaigns, Service Requirements, and Inscriptions Prescribed for Streamers) shows during the applicant's tenure of assignment in the RVN, participation credit was granted for the Vietnam Counteroffensive Phase I (25 December 1965-30 June 1966), Vietnam Counteroffensive Phase II (1 July 1966-31 May 1967) and Vietnam Counteroffensive Phase III (1 June 1967-29 January 1968) campaigns.

	c.  Paragraph 3-16 (Air Medal) states it is awarded for acts of heroism, single acts of meritorious achievement and meritorious service for sustained distinction.

7.  United States Army Vietnam Regulation 672-1 (Decorations and Awards) provided local awards policy.  It also established guidelines for award of the AM in the RVN.  It defined terms and provided guidelines for the award based upon the number and types of missions or hours.  Combat missions were divided into three categories:  category I (air assault and equally dangerous missions), category II (support rendered a friendly force immediately before, during, or immediately following a combat operation), and category III (support of friendly forces not connected with an immediate combat operation).  An individual must have completed a minimum of 25 category I missions, 50 category II missions, or 100 category III missions to qualify for award of the AM.

8.  Department of the Army General Orders Number 8, dated 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to the RVN from 8 February 1962 through 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that item 24 of his DD Form 214 should be corrected to show he earned the AM with 9th Oak Leaf Cluster (10th Award) was carefully considered.  However, the evidence is not sufficient to support this claim.

2.  The record contains orders showing he was awarded the AM with 6th Oak Leaf Cluster (7th Award) for the period ending 25 December 1967, just 4 days prior to his departure from his RVN unit.  Therefore, it appears this is the highest number of AM's he earned during his RVN tour of duty and his record and DD Form 214 should be corrected accordingly.

3.  The record also shows that based on his RVN service and campaign participation, he is eligible for the RVN Gallantry Cross with Palm Unit Citation and three bronze service stars with his Vietnam Service Medal.  Therefore, it would also be appropriate to add these awards to his record and 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 item 24 of his DD Form 214 as follows:

	a.  delete the Air Medal with 4th Oak Leaf Cluster and Vietnam Service Medal with bronze service star;

	b.  add the Air Medal with 6th Oak Leaf Cluster (7th Award), Vietnam Service Medal with three bronze service stars, and 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 award of the 7th through 9th Oak Leaf Clusters to the Air 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)                                         AR20090017187



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ABCMR Record of Proceedings (cont)                                         AR20090017187



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