IN THE CASE OF:
BOARD DATE: 10 June 2010
DOCKET NUMBER: AR20090020748
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, in effect, his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected by adding the Distinguished Flying Cross (DFC) and 4 additional Oak Leaf Clusters (OLCs) to his Air Medal (AM). He also requests that his DD Form 214 be corrected to show his rank as captain.
2. The applicant states he was mailed the DFC and the four additional OLCs for his AM. He also states he was promoted to captain effective June 1966 and he received a check for the difference in pay for July and August 1966.
3. The applicant provides certificates for the DFC and the four OLCs to be added to his AM.
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 applicants military records show he was commissioned a second lieutenant in the United States Army Reserve (USAR) (Infantry) on 26 May 1963 and he entered an active duty status on 22 August 1963. He served in Vietnam from 25 September 1965 to 18 August 1966 while assigned to Company B, 1st Aviation Battalion.
3. The applicant was promoted to the rank of 1st lieutenant (1LT) in the Army of the United States on 22 February 1965 and in the USAR on 25 May 1965.
4. He was honorably relieved from active duty in the rank of 1LT on 23 August 1966 and transferred to the USAR Control Group (Reinforcement). The
DD Form 214 he was issued shows he was awarded the Air Aviator Badge, Vietnam Service Medal, Air Medal (4th OLC), National Defense Service Medal, Vietnam Campaign Medal, and two Overseas Service Bars.
5. Contained in the applicant's records are orders awarding him the 5th, 6th, 7th, and 8th OLC for his AM. Also contained in his records are orders awarding him the DFC.
6. The applicant was afforded Federal Recognition in the Army National Guard (ARNG) in the rank of 1LT on 31 July 1967. He served in the ARNG as a 1LT and, on 22 April 1969, he was discharged from the USAR in the rank of 1LT.
7. Department of the Army Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, shows that the applicant's unit was awarded the Meritorious Unit Commendation for the period October 1965 to September 1966 by Department of the Army General Order (DAGO) 17; the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 12 July 1965 to 16 October 1968 by DAGO 12; and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation for the period October 1965 to 7 April 1970 by DAGO 53.
8. This Pamphlet also shows the pertinent identified campaign periods, for which a bronze service star is authorized for wear on the Vietnam Service Medal. Those periods are: The Vietnam Defense Campaign (8 March 1965 through 24 December 1965); the Vietnam Counteroffensive (25 December 1965 through 30 June 1966); and the Counteroffensive Phase III (1 July 1966 through 29 January 1968).
DISCUSSION AND CONCLUSIONS:
1. The applicant's records contain orders awarding him the 5th through 8th OLC for his AM and the DFC. As such, it would be appropriate to add these awards to his DD Form 214.
2. Based on the applicant's unit of assignment in Vietnam and the time he served in Vietnam, he is also entitled to Meritorious Unit Commendation; the Republic of Vietnam Gallantry Cross with Palm Unit Citation; the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation; and 3 bronze service stars for wear on his already-awarded Vietnam Service Medal.
3. Unfortunately, there is no evidence to show the applicant was ever promoted to the rank of captain. Without evidence to show he was promoted, there is insufficient evidence in which to grant this portion of the applicant's request.
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 the DD Form 214 of the individual concerned be corrected by adding the DFC;
4 OLCs to his AM (for a total of 8 OLCs); the Meritorious Unit Commendation; the Republic of Vietnam Gallantry Cross with Palm Unit Citation; the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation; and 3 bronze service stars for wear on his already-awarded Vietnam Service Medal.
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 showing his rank as captain.
_______ _ _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) AR20090020748
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ABCMR Record of Proceedings (cont) AR20090020748
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