IN THE CASE OF:	  

		BOARD DATE:	  7 October 2010

		DOCKET NUMBER:  AR20100009788 


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 correction of his 30 January 1970 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Air Medal (2nd Award).

2.  The applicant states his DD Form 214 does not indicate an additional award of the Air Medal.

3.  The applicant provides a copy of his DD Form 214, Flight Record, and Air Medal citation.

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.  Records show the applicant enlisted in the Regular Army on 15 July 1966.  He was honorably discharged on 29 June 1967 to accept an appointment as a warrant officer in the U.S. Army Reserve (USAR).  The applicant was credited with 11 months and 15 days of active service.

3.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's 29 June 1967 DD Form 214 shows he was awarded the National Defense Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and the Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber).

4.  On 30 June 1967, the applicant was appointed as a USAR warrant officer and entered active duty.  He served in the Republic of Vietnam from 22 August 1967 to 20 August 1968 and was assigned to Company C, 229th Aviation Battalion, 1st Calvary Division.  He was honorably released from active duty on 30 January 1970.

5.  Item 24 of the applicant's 30 January 1970 DD Form 214 shows the National Defense Service Medal, Bronze Star Medal, Army Aviator Badge, Distinguished Flying Cross, Vietnam Service Medal, Air Medal, Republic of Vietnam Campaign Medal with Device (1960), and two overseas service bars.

6.  General Orders Number 7257, dated 5 December 1967, awarded the applicant the Air Medal during the period of August 1967 to September 1967.  These orders are contained in the applicant's military personnel record jacket (MPRJ).

7.  The applicant provided a copy of his Air Medal citation that shows he was awarded the Air Medal during the period September 1967 to June 1968.  General Orders Number 2531, dated 1 March 1969, also contained in his MPRJ verifiy this award for the period 8 September 1967 to 20 June 1968.

8.  Army Regulation 600-8-22 (Military Awards) states 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.

9.  A review of the applicant's DD Form 214 indicates he is entitled to additional awards that are not shown on this form.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units which served in the Vietnam War.  This document shows the 229th Aviation Battalion was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 59, dated 1969, during the period the applicant was assigned.

11.  Appendix B of Army Regulation 600-8-22 shows the applicant participated in three campaigns during his tour of duty in Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  The applicant's DD Form 214 shows award of the Vietnam Service Medal.  His records also indicate that he participated in Vietnam Counteroffensive Phase III, Tet Counteroffensive, and Vietnam Counteroffensive Phase VI campaigns.

DISCUSSION AND CONCLUSIONS:

1.  Orders verify the applicant is entitled to correction of his records to show the Air Medal (2nd Award).

2.  The evidence of record shows the applicant is entitled to wear the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, the applicant is entitled to correction of his records to show this award.

3.  Additionally, the evidence shows the applicant participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to correction of his records to show three bronze service stars for wear on his already-awarded Vietnam Service Medal.

BOARD VOTE:

___X____  ____X___  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 24 of his 30 January 1970 DD Form 214 the Air Medal and the Vietnam Service Medal and
	b.  adding to his 30 January 1970 DD Form 214 the Air Medal (2nd Award), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Vietnam Service Medal with three bronze service stars.



      ___________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)                                         AR20100009788



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ABCMR Record of Proceedings (cont)                                         AR20100009788



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