BOARD DATE: 16 November 2010
DOCKET NUMBER: AR20100012609
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 award of the Air Medal (AM) with "V" Device and all other authorized awards not currently shown.
2. He states he served as a crew chief/gunner on a UH-1 helicopter and flew numerous combat missions.
3. He provides copies of an Air Medal Certificate and his DD Form 214.
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 29 August 1966. Upon completion of initial entry training, he was awarded military occupational specialty 67N (UH-1 Helicopter Repairer).
3. His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 1 August 1967 to 31 July 1968 and was assigned for duty as a helicopter mechanic and crew chief with the 71st Aviation Company from on or about 7 August 1967 to on or about 25 July 1968.
4. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he received the following awards:
* National Defense Service Medal
* Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal with four bronze service stars
* Good Conduct Medal
* Aircraft Crewman Badge
5. General Orders Number 6512, issued by Headquarters, 1st Aviation Brigade, dated 20 September 1968, announced award of the AM with "V" Device to the applicant for his heroism on 12 May 1968.
6. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows the 71st Aviation Company was cited for the following awards during the applicant's period of assignment:
* Valorous Unit Award (VUA) for 12 May 1968 by Department of the Army General Orders (DAGO) Number 43, dated 1970
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 27 March 1967 to 17 May 1968 by DAGO Number 21, dated 1969, as amended by DAGO Number 46, dated 1969
7. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated for item 24 to enter all decorations, service medals, campaign credits, and badges awarded or authorized.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record supports the applicant's request for correction of his DD Form 214 to show award of the AM with "V" Device and other authorized awards not currently shown.
2. General orders awarded the applicant the AM with "V" Device. Therefore, he is entitled to correction of his record to show this award.
3. General orders confirm the applicant's unit was awarded the VUA and Republic of Vietnam Gallantry Cross with Palm Unit Citation. These awards are not shown on his records. Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.
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 adding the AM with "V" Device, VUA, and Republic of Vietnam Gallantry Cross with Palm Unit Citation to item 24 of his DD Form 214.
___________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) AR20100012609
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ABCMR Record of Proceedings (cont) AR20100012609
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