IN THE CASE OF:	

		BOARD DATE:	  12 October 2010

		DOCKET NUMBER:  AR20100012447 


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 (Report of Separation from Active Duty) to show he was awarded the Bronze Star Medal and the Air Medal (9th Award).

2.  The applicant states the orders for his Bronze Star Medal and his Air Medal (9th Award) were found in his DA Form 201 (Military Personnel Records Jacket); however, they were never issued to him while he was in the Army.

3.  The applicant provides copies of the following:

* DD Form 214
* recommendation for award of the Air Medal, dated 20 February 1972
* General Orders Number 644, dated 1 March 1972
* General Orders Number 918, dated 22 March 1972
* General Orders Number 1006, dated 28 March 1972

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.  On 20 January 1970, the applicant enlisted in the Regular Army in pay grade E-1.  He completed training as a UH 1 helicopter repairman.  He arrived in Vietnam on 29 July 1970 and he was assigned to the 281st Aviation Company (Assault Helicopter).  He was assigned to the 192nd Aviation Company (Assault Helicopter) on 15 July 1971 and he was assigned to the 61st Assault Helicopter Company, 7th Squadron, 17th Cavalry Regiment, on 19 January 1972.

3.  While in Vietnam the applicant participated in the following three campaigns:

* Vietnam Counteroffensive Phase VII Campaign which extended from 1 July 1970 through 30 June 1971
* Consolidation I Campaign which extended from 1 July 1971 through 30 November 1971
* Consolidation II Campaign which extended from 1 December 1971 through 29 March 1972

4.  On 1 March 1972, General Orders Number 644 were published awarding the applicant the Air Medal (1st through 7th Award) for meritorious achievement while participating in aerial flight for the period 6 September 1971 through 19 December 1971.

5.  The applicant departed Vietnam on 5 March 1972 en route to the United States.

6.  General Orders Number 918 were published on 22 March 1972 awarding him the Air Medal (8th Award) for the period 4 February 1972 through 15 February 1972.

7.  On 28 March 1972, General Orders Number 1006 were published awarding the applicant the Bronze Star Medal for meritorious service in connection with military operations against a hostile force for period 29 July 1970 through 19 January 1972.

8.  The applicant reenlisted in the Regular Army on 25 April 1972.  After completing 8 years, 3 months and 5 days of total active service, the applicant was honorably discharged on 24 April 1978 at the expiration of his term of service.  His DD Form 214 shows the following awards:

* National Defense Service Medal
* Vietnam Service Medal
* Aircraft Crewman Badge
* Republic of Vietnam Campaign Medal
* three overseas service bars
* Army Good Conduct Medal (2nd Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Pistol Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

9.  The applicant's records do not contain orders awarding him the Air Medal (9th Award).

10.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam Era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders awarding him the Air Medal (9th Award).

11.  Army Regulation 600-8-22 (Military Awards) states that a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.

12.  Army Regulation 600-8-22 provides for award of the Republic of Vietnam Campaign Medal, correctly known as the Republic of Vietnam Campaign Medal with Device (1960).  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been considered along with the supporting documents.

2.  Based on the available records, the applicant's DD Form 214 should be amended to add the Bronze Star Medal.  However, his DD Form 214 should be amended to add the Air Medal (8th Award) instead of the Air Medal (9th Award) as he requests.

3.  In addition, he is authorized 4 bronze service stars to be worn on his Vietnam Service Medal and the Device (1960) to be affixed to his Republic of Vietnam Campaign Medal.

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 amending his DD Form 214 to add the following awards:

* Bronze Star Medal
* Air Medal (8th Award)
* four bronze service stars to be affixed to his already-awarded Vietnam Service Medal
* Device (1960) to be affixed to his already-awarded Republic of Vietnam Campaign Medal

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 amending his DD Form 214 to show he was awarded the Air Medal (9th Award).



      ____________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)                                         AR20100012447



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100012447



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1