IN THE CASE OF:	  

		BOARD DATE:	  5 October 2010

		DOCKET NUMBER:  AR20100011261 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his authorized awards include the Air Medal with "V" Device and oak leaf clusters.

2.  The applicant states that the award certificates show he received these awards.

3.  The applicant provides copies of his DD Form 214 and award certificates and citations for the Air Medal for the period September to December 1969 and the first through fifth oak leaf cluster for the Air Medal for the period December 1969 to May 1970.

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 was inducted into the Army of the United States on 22 January 1969.  He completed training in military occupational specialty (MOS) 67V as a helicopter repairman and served in Vietnam with the 15th Transportation Battalion, 1st Cavalry Division (Airmobile).

3.  His DA Form 20 (Enlisted Qualification Record) shows:

	a.  in item 33 (Appointments and Reductions), promotion to specialist four/pay grade E-4 on 6 October 1969;

	b.  in item 38 (Record of Assignments), service in Vietnam with Company B, 15th Transportation Battalion, from 24 June 1969 to 16 July 1969; Company C, 15th Transportation Battalion, from 17 July 1969 to 31 August 1969; and Company A, 15th Transportation Battalion, from 1 September 1969 to 15 June 1970.

	c.  in item 41 (Awards and Decorations), National Defense Service Medal, Vietnam Service Medal, two overseas service bars, Republic of Vietnam (RVN) Campaign Medal with Device (1960), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

4.  1st Cavalry Division (Airmobile) General Orders Number 16084, dated 16 December 1969, awarded the applicant the Air Medal for the period September to December 1969 and 1st Cavalry Division (Airmobile) General Orders Number 11177, dated 23 June 1970, awarded him the Air Medal with first through fifth oak leaf cluster.

5.  The applicant left Vietnam in June 1970, returned to the United States, and was assigned in MOS 11D as an armored scout observer.

6.  The applicant was released from active duty on 21 January 1971 and transferred to the U.S. Army Reserve Control Group (Annual Training).  His DD Form 214 lists his awards as the National Defense Service Medal, Vietnam Service Medal with two bronze service stars, and the RVN Campaign Medal with Device (1960).

7.  The Awards and Decorations Computer Assisted Retrieval System (ADCARS) is a web based index containing roughly 611,000 general orders issued between 1965 and 1973 for the Vietnam era.  Only the general order awarding the applicant's first Air Medal is available on ADCARS.  There is none awarding him the Air Medal with "V" Device.

8.  Army Regulation 600-8-22 (Military Awards) provides that:

	a.  The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  

	b.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  Designated campaign periods for Vietnam include the Vietnamese Counteroffensive Phase IV, 2 April 1969-30 June 1968; Vietnamese Counteroffensive Phase V, 1 July 1968-1 November 1968; Vietnamese Counteroffensive Phase VI, 2 November 1968-22 February 1969; and the Tet 69 Counteroffensive, 23 February 1969-8 June 1969.

	c.  An oak leaf cluster is worn on the suspension ribbon, the service ribbon bar, and the unit award emblem to denote award of second and succeeding awards of decorations (other than the Air Medal), the Army Reserve Components Achievement Medal, and unit awards.

	d.  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.

	e.  The requirements for award of basic marksmanship qualification badges provide for badges to indicate level or degree of expertise – Expert, Sharpshooter, and Marksman – in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon.  The qualification should be shown as:  Expert Marksmanship Qualification Badge with Rifle Bar or Marksman Marksmanship Qualification Badge with Automatic Rifle Bar or Sharpshooter Marksmanship Qualification Badge with Pistol Bar.

9.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 15th Transportation Battalion was awarded the Valorous Unit Award by Department of the Army General Orders (DAGO) Number 43, dated 1972; the Meritorious Unit Commendation for the period 1 June 1968-30 November 1969 by DAGO Number 2, dated 1971; the Meritorious Unit Commendation for the period 1 January 1970-31 January 1971 by DAGO Number 43, dated 1972; the RVN Gallantry Cross with Palm Unit Citation for the period May 1969-February 1970 by DAGO Number 11, dated 1973; the RVN Gallantry Cross with Palm Unit Citation for the period 21 February 1970-28 February 1971 by DAGO Number 42, dated 1972; and the RVN Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1969-1 February 1970 by DAGO Number 42, dated 1972.
10.  The award certificates and citations that the applicant submitted show he was awarded the Air Medal with and first through fifth oak leaf cluster.  They do not mention the "V" Device.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states that the award certificates show he received the Air Medal with "V" Device and oak leaf clusters.

2.  The applicant was awarded the Air Medal with first through fifth oak leaf cluster.  These should be listed on his DD Form 214.

3.  However, there is no available evidence that the applicant was awarded the Air Medal with "V" Device.

4.  The applicant was authorized other awards that are not listed on his DD Form 214.  These include:

	a.  four bronze service stars for wear on the Vietnam Service Medal;

	b.  Arabic numerals for the second and succeeding awards of the Air Medal.  The numeral designates the total number of Air Medals.  The applicant was awarded six Air Medals;

	c.  Valorous Unit Award, Meritorious Unit Commendation with oak leaf cluster, RVN Gallantry Cross with Palm Unit Citation, and the RVN Civil Actions Honor Medal First Class Unit Citation; and

	d.  Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

5.  The above discussed award information should be incorporated into the applicant's DD Form 214.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X_____  ___X___  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting the awards currently shown on his DD Form 214 and

	b.  showing that his authorized awards consist of the Air Medal with Numeral 6, National Defense Service Medal, Vietnam Service Medal with four bronze service stars, RVN Campaign Medal with Device (1960), Valorous Unit Award, Meritorious Unit Commendation with bronze oak leaf Cluster, RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and Marksman Marksmanship Qualification Badge with Rifle Bar 
(M-16).

2.  The Board further determined 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 adding the Air Medal with "V" Device to his list of authorized awards.



      _______ _  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)                                         AR20100011261



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ABCMR Record of Proceedings (cont)                                         AR20100011261



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