IN THE CASE OF:	  

		BOARD DATE:	       25 JUNE 2009

		DOCKET NUMBER:  AR20090001390 


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, correction of his records to show all of his authorized awards and decorations.  The applicant also requests a copy of his medical records.

2.  The applicant states, in effect, he was awarded the Air Medal (Ninth Oak Leaf Cluster); however, his discharge document shows the Air Medal (First Oak Leaf Cluster).  He also states that he believes his records do not show all of the awards and decorations he earned for his service in Vietnam.

3.  The applicant provides two self-authored statements, dated 21 January 2009 and 15 February 2009, and a copy of Headquarters, 1st Aviation Brigade (Vietnam), General Orders Number 444, dated 28 September 1966, 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.  Regarding the applicant's request for a copy of his medical records, the applicant is advised that the National Personnel Records Center, Military Personnel Records Division, is the primary holder of clinical (hospital inpatient) records created for military personnel while on active duty and medical treatment records of military retirees, dependents, and others (created at military medical facilities).  The address for requests for records is the National Personnel Records Center, Military Personnel Records, 9700 Page Avenue, St. Louis, Missouri  63132-5100.  The applicant may find additional information pertaining to the procedure for requesting his medical records at the National Personnel Records Center website at:  http://www.archives.gov/st-louis/military-personnel/overview-of-records.html.  Therefore, this portion of his request will not be discussed further in these proceedings.

3.  The applicant was inducted into the Army of the United States for a period of 24 months and entered active duty on 10 February 1965.  Upon completion of basic combat and advanced individual training, he was awarded military occupational specialty 67N (Single Rotor/Single Engine Utility Helicopter Mechanic).

4.  The applicant’s military personnel records contain a DA Form 20 (Enlisted Qualification Record).

	a.  Item 29 (Qualification in Arms) shows he qualified as Marksman with the M-14 rifle on 27 March 1965.

	b.  Item 31 (Foreign Service) shows he served in the U.S. Army Pacific (USARPAC) in the Republic of Vietnam (RVN) from 25 August 1965 through 29 August 1966.

	c.  Item 38 (Record of Assignments), in pertinent part, shows he was assigned to the 82nd Aviation Battalion, USARPAC, RVN, from 28 August 1965 to 24 November 1965.  He was then assigned to the 128th Aviation Company, USARPAC, RVN, from 25 November 1965 to 26 August 1966.

	d.  Item 39 (Campaigns) shows he participated in the Vietnam Defense Campaign.

	e.  Item 41 (Awards and Decorations) shows he was awarded the Air Medal (1st Oak Leaf Cluster), National Defense Service Medal, Vietnam Service Medal, RVN Campaign Medal, Aircraft Crewmember Badge, and Marksman Marksmanship Qualification Badge with Rifle Bar.

5.  The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he entered active duty this period on 10 February 1965, was honorably released from active duty on 9 February 1967, and was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining military service obligation.  At the time he had completed 2 years of net active service and 1 year and 5 days of foreign service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) contains the entries "AMDL (1ST OLC)  VNCMDL  NNSMDL  NDSMDL  MMBADGE w/RIFLE BAR (M-14)  ACFT CRWMN BADGE."  A DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 20 October 2005, corrected the applicant's social security number.

6.  Headquarters, U.S. Army Vietnam, General Orders Number 1164, dated 18 February 1966, in pertinent part, show the applicant was awarded the Air Medal for meritorious achievement while participating in aerial flight in the RVN from 17 November 1965 to 1 February 1966.

7.  Headquarters, 1st Aviation Brigade, Vietnam, General Orders Number 165, dated 19 August 1966, in pertinent part, show the applicant was awarded the Air Medal (First Oak Leaf Cluster) for meritorious achievement while participating in aerial flight in the RVN from 9 January 1966 to 1 February 1966.

8.  Headquarters, 1st Aviation Brigade, Vietnam, General Orders Number 211, dated 27 August 1966, in pertinent part, show the applicant was awarded the Air Medal (Second Oak Leaf Cluster) for meritorious achievement while participating in aerial flight in the RVN from 2 February 1966 to 24 February 1966.

9.  Headquarters, 1st Aviation Brigade, Vietnam, General Orders Number 220, dated 29 August 1966, in pertinent part, show the applicant was awarded the Air Medal (Third Oak Leaf Cluster) for meritorious achievement while participating in aerial flight in the RVN from 24 February 1966 to 5 March 1966.

10.  Headquarters, 1st Aviation Brigade, Vietnam, General Orders Number 234, dated 31 August 1966, in pertinent part, show the applicant was awarded the Air Medal (Fourth Oak Leaf Cluster) for meritorious achievement while participating in aerial flight in the RVN from 5 March 1966 to 22 March 1966.

11.  Headquarters, 1st Aviation Brigade, Vietnam, General Orders Number 278, dated 8 September 1966, in pertinent part, show the applicant was awarded the Air Medal (Fifth Oak Leaf Cluster) for meritorious achievement while participating in aerial flight in the RVN from 22 March 1966 to 3 April 1966.

12.  Headquarters, 1st Aviation Brigade, Vietnam, General Orders Number 314, dated 15 September 1966, in pertinent part, show the applicant was awarded the Air Medal (Sixth Oak Leaf Cluster) for meritorious achievement while participating in aerial flight in the RVN from 3 April 1966 to 23 April 1966.

13.  The applicant’s military personnel records are absent orders or any other evidence that he was awarded the Air Medal (Seventh Oak Leaf Cluster).

14.  Headquarters, 1st Aviation Brigade, Vietnam, General Orders Number 428, dated 27 September 1966, in pertinent part, show the applicant was awarded the Air Medal (Eighth Oak Leaf Cluster) for meritorious achievement while participating in aerial flight in the RVN from 2 May 1966 to 24 May 1966.

15.  Headquarters, 1st Aviation Brigade, Vietnam, General Orders Number 444, dated 28 September 1966, in pertinent part, show the applicant was awarded the Air Medal (Ninth Oak Leaf Cluster) for meritorious achievement while participating in aerial flight in the RVN from 25 May 1966 to 8 June 1966.

16.  There is no evidence the applicant was awarded the Army Good Conduct Medal.  The applicant’s records are absent any adverse information, there is no evidence the applicant’s commander denied award of the Army Good Conduct Medal, and his records show he received conduct and efficiency ratings of "excellent" throughout the entire period of his military service.

17.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists the campaigns for Vietnam.  This appendix indicates that the dates of the applicant’s service coincided with the Vietnam Defense Campaign, Vietnam Counteroffensive, and Vietnam Counteroffensive Phase II campaigns.

18.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This pamphlet shows that at the time of the applicant's assignment to the 128th Aviation Company, USARPAC, RVN, the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army, General Orders Number 59, dated 1969.

19.  Army Regulation 600-8-22 provides, in pertinent part, that the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly, for example, personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

20.  Army Regulation 600-8-22 provides that Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  For example, the numeral 2 denotes the second award of the Air Medal.

21.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal is awarded to individuals who have completed a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

22.  Army Regulation 600-8-22 provides, in pertinent part, for 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, including the Vietnam Service Medal.

23.  Army Regulation 635-5 (Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed policies and procedures regarding separation documents.  It also established standardized policy for preparing and distributing the DD Form 214.  This Army regulation states that the purpose of a separation document is to provide the individual with documentary evidence of his or her military service at the time of separation.  Therefore, it is important the information entered thereon is complete and accurate as of that date.  Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders.

24.  Paragraph 53 (Item 24 - Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of Army Regulation 635-5 states, in pertinent part, to list all decorations, service medals, campaign medals, and badges awarded or authorized, omitting authorities cited therein.
DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his records should be corrected to show he received 10 awards of the Air Medal and any other awards he is authorized for his service in Vietnam.

2.  Records show that general orders awarded the Air Medal, Air Medal (First through Sixth Oak Leaf Clusters), and Air Medal (Eighth and Ninth Oak Leaf Clusters) to the applicant for meritorious achievement while participating in aerial flight in the RVN.  However, there are no orders showing award of the Air Medal (Seventh Oak Leaf Cluster), which may have been awarded to the applicant during the period 24 April 1966 to 1 May 1966.  Despite the absence of orders for the Air Medal (Seventh Oak Leaf Cluster), based on the available evidence, it is reasonable to conclude that the applicant was awarded the Air Medal (Seventh Oak Leaf Cluster) for meritorious achievement while participating in aerial flight in the RVN from 24 April 1966 to 1 May 1966.  Thus, it is concluded that the available evidence supports the applicant’s claim to 10 awards of the Air Medal.

3.  The governing regulation shows that Arabic numerals are now used instead  of oak leaf clusters for the second and succeeding awards of the Air Medal.  Therefore, it would be appropriate to correct the applicant’s records to show      10 awards of the Air Medal (i.e., Air Medal with Numeral 10).

4.  A review of the applicant's military personnel records reveals that he may be authorized additional awards that are not shown on his DD Form 214.

5.  Records show the applicant served a qualifying period of active duty enlisted service for award of the Army Good Conduct Medal.  Therefore, it would be appropriate to correct his records to show this award.

6.  Records show the applicant qualified for award of the Vietnam Service Medal and that he participated in three campaign periods during his service in the RVN.  Therefore, it would be appropriate to correct his records to show award of the Vietnam Service Medal with three bronze service stars.

7.  Records show that general orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to correct his records to show this foreign unit award.

8.  Item 24 of the applicant’s DD Form 214 contains unauthorized abbreviations that should be deleted.  Based on the evidence of record, it appears the entries are intended to represent the Air Medal (First Oak Leaf Cluster), Republic of Vietnam Campaign Medal with Device (1960), Vietnam Service Medal, National Defense Service Medal, Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar, and Aircraft Crewmember Badge.  Therefore, it would be appropriate to correct the applicant’s DD Form 214 by deleting these entries and adding the correct entries for all of his authorized awards and decorations.

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.  awarding the applicant the Army Good Conduct Medal for exemplary conduct, efficiency, and fidelity during the period 10 February 1965 to 9 February 1967;

	b.  deleting all entries from item 24 of his DD Form 214; and

	c.  adding to item 24 of his DD Form 214 the Air Medal with Numeral 10, Army Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal with three bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Aircraft Crewmember Badge, and Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar.



      ___________XXX______________
                 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)                                         AR20090001390



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ABCMR Record of Proceedings (cont)                                         AR20090001390



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