IN THE CASE OF:
BOARD DATE: 26 August 2010
DOCKET NUMBER: AR20100011561
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all awards of the Air Medal he received in Vietnam.
2. The applicant states he flew in direct combat assault and support missions in Vietnam from October 1970 to October 1971. He believes he is entitled to more awards of the Air Medal than the one shown on his DD Form 214.
3. The applicant provides a copy of a letter, dated 15 January 2010.
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. Having had prior enlisted service, the applicant's records show he was appointed as a Reserve warrant officer with concurrent call to active duty and executed an oath of office on 21 September 1970. He held military occupational specialty 100B (Rotary Wing Helicopter Pilot).
3. He served in the Republic of Vietnam with the 162nd Aviation Company from on or about 15 October 1970 to on or about 13 October 1971 and he was honorably released from active duty on 15 October 1971 in the rank/grade of chief warrant officer two and was transferred to the U.S. Army Reserve Control Group to complete his remaining Reserve obligation.
4. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal with Device (1960), Air Medal, Army Aviation Badge, Army Good Conduct Medal, and Bronze Star Medal with "V" Device.
5. On 1 December 2009, he was issued a DD Form 215 (Correction to DD Form 214) that added the Purple Heart, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two bronze service stars for his Vietnam Service Medal.
6. Headquarters, 1st Aviation Brigade, published the following orders:
* General Orders Number 5449, dated 23 July 1971, awarded him the Air Medal for achievement from 30 October 1970 to 5 November 1970
* General Orders Number 6788, dated 15 October 1971, awarded him the Air Medal (3rd through 23rd Award) for achievement from 7 November 1970 to 11 September 1971
7. Headquarters, U.S. Army Aviation Center and Fort Rucker, Special Orders Number 170, dated 30 June 1970, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and Marksman Marksmanship Qualification Badge with Pistol Bar (.38 caliber).
8. Headquarters, U.S. Military Assistance Command, Vietnam, memorandum, dated 26 July 1971, authorized him award of the Republic of Vietnam Gallantry Cross with Silver Star.
DISCUSSION AND CONCLUSIONS:
1. General orders awarded him the Air Medal (1st through 23rd Award) which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.
2. Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and Marksman Marksmanship Qualification Badge with Pistol Bar (.38 caliber) which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these badges.
3. General orders issued by the Republic of Vietnam and approved by the Department of the Army awarded him the Republic of Vietnam Gallantry Cross with Silver Star which is not shown on his DD Form 1214. Therefore, he is entitled to correction of his DD Form 214 to show this award.
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 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 24 of his DD Form 214 the Air Medal and
b. adding to his DD Form 214 the Air Medal (1st through 23rd Award), Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Marksman
Marksmanship Qualification Badge with Pistol Bar (.38 caliber), and Republic of Vietnam Gallantry Cross with Silver Star.
___________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) AR20100011561
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ABCMR Record of Proceedings (cont) AR20100011561
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