IN THE CASE OF:	  

		BOARD DATE:	  29 December 2010

		DOCKET NUMBER:  AR20100016727 


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 Army Commendation Medal, Army Good Conduct Medal, Air Medal with Numerals 2 through 22 and "V" Device, and Distinguished Flying Cross.

2.  He states he is not sure why these awards are not shown on his DD Form 214.

3.  He provides:

* general orders for Air Medal and Air Medal with Numeral 2
* general orders for Army Commendation Medal and citation
* general orders for Army Good Conduct Medal
* general orders for Air Medals with Numerals 2 through 22 and citation
* general orders for Air Medal with "V" Device
* certificate for the Air Medal with Numeral 23
* general orders and certificate for Distinguished Flying Cross
* letter from the National Personnel Records Center

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.  His military records show he enlisted in the Regular Army on 4 April 1968.  He completed training in military occupational specialty 67N (UH-1 Helicopter Repairman).  He served in Vietnam from 18 March 1969 through on or before 14 March 1970 during five campaigns.  He served with the 116th Aviation Company (Assault Helicopter).

3.  General Orders Number 2581 issued by the 1st Aviation Brigade on 28 July 1969 awarded him the Air Medal for service from 7 April 1969 to 10 May 1969.

4.  General Orders Number 3579 issued by the 1st Aviation Brigade on 28 July 1969 amended General Orders Number 2581 by correcting the spelling of his last name.

5.  General Orders Number 976 issued by the 1st Aviation Brigade on 18 February 1970 awarded him the Army Commendation Medal for meritorious service from April 1969 to March 1970.

6.  General Orders Number 7 issued by the 269th Aviation Battalion on 27 February 1970 awarded him the Army Good Conduct Medal for service from 4 April 1968 to 20 March 1970.

7.  He was honorably released from active duty in pay grade E-5 on 14 March 1970 as an overseas returnee and he was transferred to the U.S. Army Reserve Control Group (Reinforcement).

8.  General Orders Number 1777 issued by the 1st Aviation Brigade on 24 March 1970 awarded him the Air Medal with Numerals 2 through 22 for service from 15 May 1969 to 19 January 1970.

9.  General Orders Number 1941 issued by the 1st Aviation Brigade on 30 March 1970 awarded him the Air Medal with Numeral 23 (23rd Award) and "V" Device for heroism while engaged in aerial flight in connection with military operations on 12 December 1969.

10.  General Orders Number 3808 issued by the 1st Aviation Brigade on 17 May 1970 awarded him the Distinguished Flying Cross for heroism while engaged in aerial flight evidenced by voluntary actions above and beyond the call of duty on 30 January 1970.

11.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the following awards:  National Defense Service Medal, Vietnam Service Medal, and Republic of Vietnam Campaign Medal with Device (1960).

12.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

13.  Army Regulation 600-8-22 (Military Awards) authorizes a bronze service star based on qualifying service for each campaign listed in appendix B and states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the Vietnam Service Medal.  A silver service star is authorized in lieu of five bronze service stars.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 116th Aviation Company was awarded the Presidential Unit Citation for action from 24 through 26 April 1969 based on Department of the Army General Orders Number 14, dated 1973, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation from 1 May 1969 through 15 May 1970 based on Department of the Army General Orders Number 55, dated 1971.

15.  Department of the Army General Orders Number 8, dated 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to the U.S. Army Vietnam.

DISCUSSION AND CONCLUSIONS:

1.  He contends that his DD Form 214 should be corrected to show his award of the Army Commendation Medal, Army Good Conduct Medal, Air Medal with Numerals 2 thru 22 and "V" Device, and Distinguished Flying Cross.

2.  The evidence of record confirms he was awarded the Army Commendation Medal, Army Good Conduct Medal, Air Medal with Numerals 2 through 23 and "V" Device, and Distinguished Flying Cross.  Orders were published, some after his release from active duty, for these awards; however, they are not shown on his DD Form 214.  Therefore, it would be appropriate to correct his DD Form 214 show these awards.  However, only the last numeral is worn on the Air Medal.

3.  The evidence of record further confirms he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and he is also entitled to award of one silver service star to be affixed to his already-awarded Vietnam Service Medal.  Therefore, it would be appropriate to correct his DD Form 214 to show these awards.

4.  General orders entitled him to wear the Presidential Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation based upon his assignment with the 116th Aviation Company and service in Vietnam.

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.  adding the Army Commendation Medal, Army Good Conduct Medal, Air Medal with Numeral 23 and "V" Device, Distinguished Flying Cross, Expert Marksmanship Qualification Badge with Rifle Bar (M-14), one silver star to be affixed to his already-awarded Vietnam Service Medal, Presidential Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation to item 24 of his DD Form 214 and


	b.  providing him a document to show the above corrections.



      _______ _   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)                                         AR20100016727



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ABCMR Record of Proceedings (cont)                                         AR20100016727



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