BOARD DATE: 27 April 2010
DOCKET NUMBER: AR20090018405
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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be updated to reflect the Distinguished Flying Cross, the Air Medal, and the Air Medal (1st through 7th Oak Leaf Cluster) he was awarded in the Republic of Vietnam (RVN).
2. The applicant states these medals were left off his DD Form 214.
3. The applicant provides the following:
* DD Form 214
* letter to the U.S. Administration Center requesting awards
* Distinguished Flying Cross orders, dated 9 May 1969
* Air Medal citation for the period 5 October 1968 through 21 October 1968
* Air Medal orders (1st through 7th Oak Leaf Cluster) dated 13 March 1969
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 Army on 6 July 1966. He was trained in and awarded military occupational specialty 62E (Heavy Equipment Construction Operator).
3. A review of the applicant's record shows he served in the RVN during the period 2 August 1967 through 9 March 1969.
4. The Awards and Decorations Computer Assisted Retrieval System contains orders issued to the applicant for the following awards:
* Distinguished Flying Cross, dated 9 May 1969
* Air Medal, dated 11 March 1969
* Air Medal (1st through 7th Oak Leaf Cluster), dated 13 March 1969
5. The applicant was released from active duty 12 March 1969 after completing 2 years, 8 months, and 6 days of active duty service. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he received the following awards:
* Purple Heart
* National Defense Service Medal
* Vietnam Campaign Medal
* Vietnam Service Medal
* Expert Marksmanship Rifle Badge (M-16)
* Three Overseas bars
6. 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.
7. The applicant is entitled to additional awards and decorations not shown on his DD Form 214.
8. Department of the Army General Orders 8, dated 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation for service in the RVN to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.
9. Army Pamphlet 672-3 (Unit Citation and Campaign Credit Register) lists the unit awards and campaign periods for the Vietnam era. Three designated campaigns coincide with the applicant's period of service in the RVN: the Vietnam Counteroffensive Phase III, Tet Counteroffensive, and the Vietnam Summer-Fall 1969.
10. Army Regulation 600-8-22 states a bronze service star is awarded 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. The applicant's request that his DD Form 214 be corrected to add the award of the Distinguished Flying Cross, Air Medal, and Air Medal (1st through 7th Oak Leaf Cluster) was carefully considered and there is sufficient evidence to grant relief.
2. The applicant's record contains general orders for the Distinguished Flying Cross; therefore, he is entitled to correction of his record to show this award.
3. The applicant's record contains general orders awarding the Air Medal and the Air Medal (1st through 7th Oak Leaf Cluster). As a result, he is entitled to correction of his record to show award of the Air Medal with Numeral 8.
4. The Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his DD Form 214 was awarded by general orders to applicant's unit. He is entitled to correction of his record to show this unit award.
5. The applicant was awarded the Vietnam Service Medal (VSM). He participated in three campaigns while serving in the RVN. He is entitled to award of three bronze service stars to be affixed to his previously-awarded VSM.
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 adding the following awards to his DD Form 214:
* Distinguished Flying Cross
* Air Medal with Numeral 8
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* three bronze service stars affixed to the previously-awarded Vietnam Service 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) AR20090018405
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ABCMR Record of Proceedings (cont) AR20090018405
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