IN THE CASE OF:
BOARD DATE: 28 June 2011
DOCKET NUMBER: AR20110000002
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 his records be corrected to reflect his award of the Purple Heart and his multiple awards of the Air Medal which he earned through many hours of combat flights in Vietnam.
2. The applicant states that his award of the Purple Heart and his multiple awards of the Air Medal are not reflected on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
3. The applicant provides copies of orders awarding him the Purple Heart and the basic Air Medal.
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 applicant was inducted in Chicago, Illinois on 10 February 1967. He completed his basic training at Fort Campbell, Kentucky and his advanced individual training as an aircraft maintenance crewman at Fort Rucker, Alabama and was transferred to Fort Carson, Colorado for his first duty assignment.
3. On 24 November 1967 he was transferred to Vietnam for assignment to Company A, 227th Aviation Battalion, 1st Cavalry Division.
4. On 2 January 1968 orders were published awarding the applicant the Air Medal for the period of 15 to 21 December 1967.
5. The applicant was wounded on 7 June 1968 when he sustained a gunshot wound to the right calf. He was treated at the 91st Evacuation Hospital in Chu Lai and was awarded the Purple Heart on 9 June 1968. He was treated and returned to his unit.
6. On 27 June 1968 he was awarded the Air Medal (First Oak Leaf Cluster) with V Device for heroism on 19 April 1968 in the A Shau Valley.
7. On 27 October 1968, General Orders Number 13522 issued by Headquarters, 1st Cavalry Division, awarded the applicant the Air Medal (1st through 25 oak leaf clusters (OLC)) for the period of 21 December 1967 to 22 October 1968.
8. After serving in five campaigns, the applicant departed Vietnam on 22 November 1968 and was transferred to Fort Lewis, Washington where he was honorably released from active duty (REFRAD) as an overseas returnee. He had served 1 year, 9 months and 13 days of total active service. His DD form 214 issued at the time of his discharge shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal (VSM), the Vietnam Campaign Medal, and the Air Medal.
9. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. It shows that during the applicant's assignment, his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
10. Army Regulation 600-8-22 (Military Awards) states a bronze service star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal. A silver service star is authorized in lieu of five bronze service stars.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his awards of the Purple heart and multiple awards of the Air Medal should be added to his records has been noted and found to have merit.
2. The applicant was awarded the Purple Heart and the Air Medal with V Device and 25 OLCs. Accordingly, they should be added to his DD Form 214 at this time.
3. The applicant also served in Vietnam during five campaigns and thus is entitled to wear one silver service star on his already awarded VSM.
3. Additionally, the Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to his unit during his period of service in Vietnam. Therefore, he is entitled to correction of his DD Form 214 to show that unit award.
BOARD VOTE:
___X____ ____X___ ___X____ GRANT FULL RELIEF
________ ________ ________ 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 relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
* Adding his award of the Purple Heart to his DD Form 214.
* Deleting the award of the Air Medal from his DD Form 214
* Deleting the award of the VSM from his DD Form 214
* Adding the award of the Air Medal with V Device and 25 OLCs to his DD Form 214
* Adding the award of the VSM with one silver service star
* Adding the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ _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) AR20110000002
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ABCMR Record of Proceedings (cont) AR20110000002
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