IN THE CASE OF:	  

		BOARD DATE:	  27 January 2011

		DOCKET NUMBER:  AR20100017312 


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, in effect, he received nine awards of the Air Medal (AM).

2.  The applicant states he has orders and citations supporting his claim.

3.  The applicant provides a memorandum informing his commander of his award of the AM with three Oak Leaf Clusters, general orders announcing award of the AM with three Oak Leaf Clusters and a citation, and a citation for award of the AM with eight Oak Leaf Clusters. 

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 14 July 1965.  After completing initial entry training, he was awarded military occupational specialty (MOS) 05D (Electronic Warfare/Signals Intelligence Identifier) and he served in that MOS until he was released from active duty on 16 February 1969.  He completed 3 years, 7 months, and 3 days of active military service.  

3.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he was assigned to the following units: 

* the 175th Radio Research Company from 23 June 1966 to 11 June 1968
* the 144th Aviation Company (Radio Research) from 14 June 1968 to 14 January 1969
* the 146th Aviation Company (Radio Research) from 15 January to 12 February 1969

4.  His DD Form 214 shows in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) he received the following awards:

* National Defense Service Medal
* Vietnam Campaign Medal
* Vietnam Service Medal (VSM)
* Aircraft Crewman Badge
* Good Conduct Medal

5.  General Orders Number 4868, issued by Headquarters, U.S. Army Vietnam, on 19 October 1968, show the applicant was awarded the AM with three Oak Leaf Clusters.

6.  General Orders Number 889, issued by the same headquarters, on 14 March 1969, show the applicant was awarded the AM with eight Oak Leaf Clusters.

7.  Army Regulation 600-8-22 (Military Awards) states 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.

8.  A review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.




9.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.  A silver service star is authorized in lieu of five bronze service stars.  The applicant's service in Vietnam coincides with seven campaigns:  

* Vietnamese Counteroffensive 
* Vietnamese Counteroffensive Phase II
* Vietnamese Counteroffensive Phase III
* Tet Counteroffensive
* Vietnamese Counteroffensive Phase IV
* Vietnamese Counteroffensive Phase V
* Vietnamese Counteroffensive Phase VI 

10.  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 applicant's units were cited for award of the Meritorious Unit Commendation (MUC) for four periods that coincide with his periods of assignment:

Unit
Period
Authority
175th Radio Research Company 
1 June 1966 - 31 July 1967
Department of the Army General Order (DAGO) 17, dated 1968

1 August 1967 - 31 July 1968
DAGO 28, 1969
144th Aviation Company (Radio Research
1 May 1967 - 30 June 1969
DAGO 2, 1971
146th Aviation Company (Radio Research)
1 May 1967 - 30 June 1969
DAGO 2, 1971
11.  Army Regulation 600-8-22 states an Oak Leaf Cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the MUC.

12.  Department of the Army General Orders Number 8, dated 1974, announced   award of the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

13.  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 record to show he received nine awards of the AM.  

2.  At the time of his service, Oak Leaf Clusters were used to denote second and subsequent awards of the AM.  Orders announced he was awarded the AM with eight Oak Leaf Clusters.  Numerals are now worn on the AM instead of Oak Leaf Clusters regardless of the era in which the award was earned.  The contemporary equivalent is the AM with Numeral 9.  Therefore, he is entitled to correction of his DD Form 214 to show he was awarded the AM with Numeral 9. 

3.  The applicant was awarded the VSM.  His records show he participated in seven campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show award of one silver service star and two bronze service stars for wear on the previously-awarded VSM.

4.  General orders confirm the applicant was assigned to units during four periods for which they were awarded the MUC.  These awards are not shown on his records.  Therefore, he is entitled to correction of his DD Form 214 to show the MUC with three Oak Leaf Clusters.

5.  The applicant's served in Vietnam during a period for which all units assigned to U.S. Army Vietnam were awarded the RVN Gallantry Cross with Palm Unit Citation.  General orders confirm his higher headquarters was U.S. Army Vietnam.  Therefore, he is entitled to correction of his record to show the RVN Gallantry Cross with Palm Unit Citation.  






BOARD VOTE:

___X____  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that 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 "Vietnam Service Medal" from item 24 of his DD Form 214 and

	b.  adding the following awards to item 24 of his DD Form 214:

* AM with Numeral 9
* VSM with one silver and two bronze service stars
* MUC with three Oak Leaf Clusters
* RVN Gallantry Cross with Palm Unit Citation




      __________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)                                         AR20100017312



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100017312



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1