BOARD DATE:	  6 July 2010

		DOCKET NUMBER:  AR20100000222 


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 DD Form 214 (Report of Separation from Active Duty) be corrected to reflect the correct number of Air Medals awarded to him.

2.  The applicant states that he received a certificate for award of the Air Medal 2d through 13th award but he never received any orders and he has subsequently lost the certificate.  He states that he is attaching copies of his flight record to assist in determining his entitlements.

3.  The applicant provides a copy of his medical examination, a copy of his 
DD Form 214, copies of flight records, a copy of orders awarding him the initial Air Medal, a copy of orders awarding him the Silver Star, orders awarding him the Expert Marksmanship Qualification Badge with Machinegun Bar, orders awarding him the Sharpshooter Marksmanship Qualification Badge with Pistol Bar, and a copy of his non-aviator crewman authorization orders.

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 Regular Army on 16 October 1970 for a period of 3 years and training as an aircraft maintenance apprentice.  He completed his basic combat training at Fort Lewis, WA and his advanced individual training at Fort Rucker, AL.  He was awarded the Aircraft Crewman Badge on 24 March 1971.

3.  He was transferred to the Republic of Vietnam (RVN) on 2 May 1971 and he was initially assigned to the 335th Assault Helicopter Company as a door gunner.  On 4 July 1971, he was transferred to the 175th Assault Helicopter Company for duty as a door gunner.

4.  Evidence of records show the applicant was awarded the Aircraft Crewman Badge [know known as the Basic Aviation Badge] by Headquarters, U.S. Army Aviation Center, Fort Rucker, AL, Special Orders Number 63, dated 5 March 1971.

5.  Evidence of records show the applicant was awarded the first award of the Air Medal by Headquarters, 1st Aviation Brigade, General Orders Number 5681, dated 5 August 1971.  The same headquarters issued General Orders Number 876 on 20 March 1972 awarding him the Air Medal (2d through 13th award) for meritorious achievement while participating in aerial flight in the RVN.

6.  He departed the RVN on 28 February 1972 for assignment to Fort Hood, TX, where he was assigned as a military policeman.  On 31 October 1972, he reenlisted for a period of 3 years and he remained at Fort Hood until he was honorably released from active duty (REFRAD) on 30 October 1975 due to the expiration of his term of service (ETS).  He had served a total of 5 years and
15 days of active service.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the:

* Vietnam Service Medal with three bronze service stars
* RVN Campaign Medal [with Device (1960)]
* Silver Star
* Air Medal
* Army Good Conduct Medal
* Expert Marksmanship Qualification Badge with Pistol Bar
* National Defense Service Medal
7.  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 ribbon denotes the first award and numerals starting with the numeral 2 denote the number of additional awards.

8.  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.  Paragraph 6d states that Department of the Army General Orders 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation (RVNGC with Palm Unit Citation) to the following units:

	a.  Headquarters, United States Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973.

	b.  Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his DD Form 214 does not properly reflect his awards of the Air Medal has been noted and found to have merit.  The applicant’s records contain orders awarding him the Air Medal (2nd through 13th award).  Accordingly, his DD Form 214 should be corrected to show the Air Medal with Numeral 13.

2.  The applicant’s DD Form 214 also reflects that he was awarded the Expert Marksmanship Qualification Badge with Pistol Bar; however, the applicant provides, and the records contain orders, showing that he was awarded the Sharpshooter Marksmanship Qualification Badge with Pistol Bar.  His records also show that he was awarded the Expert Marksmanship Qualification Badge with Machinegun Bar.  Therefore, his DD Form 214 should be corrected accordingly.

3.  Additionally, the evidence of record shows that the applicant was awarded the Basic Aviation Badge that was omitted from his records and that all units assigned to the U.S. Army Vietnam were awarded the RVNGC with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to add these awards.


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.  deleting from item 26 of his DD Form 214 the Air Medal and the Expert Marksmanship Qualification Badge with Pistol Bar and

   b.  adding to item 26 of his DD Form 214 the:

* Air Medal with Numeral 13
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar
* Expert Marksmanship Qualification Badge with Machinegun Bar
* Basic Aviation Badge
* Republic of Vietnam Gallantry Cross with Palm Unit Citation



      __________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)                                         AR20100000222



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)