IN THE CASE OF:	  

		BOARD DATE:	 8 February 2011 

		DOCKET NUMBER:  AR20100017554


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was awarded the Meritorious Service Medal (2nd oak leaf cluster) and the Air Medal with Numeral 10.  He also requests correction of the National Personnel Records Center (NPRC) letter he received, dated 14 June 2010, to show he was awarded the Meritorious Service Medal with 2 bronze oak leaf clusters, Air Medal with Numeral 10, and the Basic Army Aviator Badge.

2.  The applicant states:

* he retired in 1986 and his DD Form 214 was typed at Fort Leavenworth, KS
* he should have asked if the number 2 next to his Meritorious Service Medal meant 2 oak leaf clusters
* he was assured that it did, just as he was assured the Army Aviation Badge was his pilot wings
* he spent nearly 2 years trying to tell the NPRC staff that he was a pilot, not an aircraft crewman
* he was sent the wrong award
* he knows many pilots who have had the same issue
* his DD Form 214 also shows he was awarded the Air Force Commendation Medal which he believed to be in error and in which he pointed out in previous correspondence to the Department of the Army


* when he received the original correspondence and began an email campaign with the NPRC, it was nothing but the biggest headache one could have experienced
* he wonders how many sets of crewmember wings were sent to pilots

3.  The applicant provides:

* email correspondence to the NPRC, dated 18 June 2010
* NPRC letter, dated 14 June 2010
* DD Form 214 for the period ending 31 January 1986
* Chief, Military Awards Branch letter to a Representative in Congress, dated 29 May 2009
* DD Form 215 (Correction to DD Form 214), dated 12 August 2009
* Headquarters, U.S. Army Recruiting Command, Fort Sheridan, IL, Permanent Orders 80-1, dated 4 September 1985
* U.S. Army Military Personnel Center, Alexandria, VA, Permanent Orders 56-1, dated 24 March 1982
* a copy of an envelope addressed to him from the NPRC, postmarked on 14 June 2010
* a copy of a barcode label
* a self-authored letter to the Commander, U.S. Army Human Resources Command, Alexandria, dated 9 February 2009
* a self-authored letter to the NPRC, dated 3 November 2008

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 requested correction of the NPRC letter he received on 14 June 2010.  The referenced letter from the NPRC is not an official Department of the 

Army record.  It is only a notification to the applicant from that agency of the awards to which it is believed he is authorized.  The applicant should contact the NPRC in regard to any corrections he desires to have made to that letter.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

3.  The applicant enlisted in the Regular Army (RA) on 1 June 1960 for a period of 3 years.  He was honorably released from active duty on 18 May 1963 by reason of early release as an overseas returnee.    He again enlisted in the RA on 27 May 1963 for a period of 3 years.  He was discharged on 26 April 1967 for the purpose of immediate reenlistment.  He then reenlisted on 27 April 1967 for a period of 6 years.  On 18 September 1969, he was discharged to accept a commission as an officer.  He completed 9 years, 3 months, and 18 days of total enlisted service.  He subsequently accepted a commission as a second lieutenant (2LT)/O-1.  He was promoted through the ranks to major (MAJ)/O-4.

4.  Item 5 (Overseas Service) of the applicant’s DA Form 2-1 (Personnel Qualification Record) shows he served in Vietnam from 13 May 1966 through
4 May 1967 and again from 22 September 1971 through 17 April 1972.  He was an Army aviator during his second tour in Vietnam.  He was assigned to F Troop (Air), 4th Cavalry.  He participated in the following five campaigns:

* Vietnam Counteroffensive (25 December 1965 - 30 June 1966)
* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Consolidation I (1 July - 30 November 1971)
* Consolidation II (1 December 1971 - 29 March 1972)
* Vietnam Ceasefire Campaign (30 March 1972 - 28 January 1973)

Item 5 also shows he served in Korea from 30 May 1968 through 29 June 1969.

5.  On 24 March 1982, U.S. Army Military Personnel Center, Alexandria, Permanent Orders 56-1, awarded him the "Air Medal (Second through Eleventh Award)."

6.  Headquarters U.S. Army Recruiting Command, Fort Sheridan, Permanent Orders 80-1, dated 4 September 1985, awarded him the "Meritorious Service Medal (Second Oak Leaf Cluster)."

7.  The applicant's records show he was awarded the Army Good Conduct Medal for the following periods:

	a.  1 June 1960 to 18 May 1963 (first award, less than 3 years); and

	b.  27 May 1963 to 26 May 1966 (second award).

8.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings through his enlisted service.  There is no evidence of any derogatory information, disciplinary actions, or a commander's disqualification for an additional award of the Army Good Conduct Medal.

9.  The applicant’s records do not show that he ever served in the U.S. Air Force.

10.  He retired for length of service on 31 January 1986.  He had 25 years, 8 months, and 1 day of total active service.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) for this period, as corrected by a DD Form 215, dated 12 August 2009, shows the:

* National Defense Service Medal
* Army of Occupation Medal
* Combat Infantryman Badge
* Vietnam Service Medal
* Army Commendation Medal (3 oak leaf clusters)
* Overseas Service Bars (3 awards)
* Army Good Conduct Medal (2 awards)
* Armed Forces Reserve Medal
* Armed Forces Expeditionary Medal
* "ArmyAvnBdg" (amended in a DD Form 215 (Correction to DD Form 214) to read Basic Army Aviator Badge)
* Air Medal (Tenth Award)
* Purple Heart
* Distinguished Flying Cross (1 oak leaf cluster)
* Republic of Vietnam Campaign Medal
* Meritorious Service Medal (2 awards)
* Army Service Ribbon
* Overseas Service Ribbon (2 awards)
* Republic of Vietnam Civil Action Honor Medal First Class Unit Citation
* Meritorious Unit Citation
* Air Force Commendation Medal
* Bronze Star Medal


11.  On 9 February 2009, the applicant notified the Commander, U.S. Army Human Resources Command, Alexandria, stating that he had submitted a request to be reissued the Army Aviator Badge and instead he was issued the Aircraft Crewmember Badge.  

12.  On 29 May 2009 the U.S. Army Human Resources Command, Alexandria, Chief, Military Awards Branch notified the applicant’s Representative in Congress that the NPRC had authorized shipment of the Basic Aviation Badge (formerly known as the Aircraft Crewmember Badge).  The Representative in Congress was told that the NPRC had misinformed the applicant regarding the name and history of the Army Aviation Badge as it was called the Aircraft Crewmember Badge until the name changed to the Basic Aviation Badge in 2000.  He was told that the Basic Army Aviator Badge is not the same award as the Basic Aviation Badge.  He was also told that the applicant’s entitlement to the Basic Army Aviator Badge had been verified and the medal was issued along with the notification.

13.  On 12 August 2009 the Assistant Chief, Military Awards Branch issued the applicant a DD Form 215 correcting his DD Form 214 to delete the Army Aviation Badge and to add the Basic Army Aviator Badge.

14.  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.

15.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.  

16.  Army Regulation 600-8-22 provides for award of the 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.

17.  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 will be worn in lieu of five bronze service stars.

18.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam and its subordinate units during the period
20 July 1965 to 28 March 1973.

19.  Army Regulation 600-8-22 states the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.)

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded the applicant the Meritorious Service Medal (Second Oak Leaf Cluster).  Therefore, his DD Form 214 should be corrected to show this award.

2.  Orders confirm the applicant was awarded the Air Medal (Second Through Eleventh Award).  Therefore, he is entitled to the Air Medal with Numeral 11 and correction of his DD Form 214 to show this award.

3.  There is no information contained in his official record that would have disqualified him from receiving a third award of the Good Conduct Medal for the period 27 May 1966 through 26 May 1969.  Therefore, he should be awarded the Army Good Conduct Medal (3rd award) and his DD Form 214 should be corrected to show this award.

4.  The applicant participated in five campaign phases during his combined service in Vietnam.  Therefore, he is entitled to one silver service star for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

5.  The applicant served a qualifying period of service in Korea for award of the Korea Defense Service Medal.  Therefore, he is entitled to this award and correction of his DD Form 214 to show this award.

6.  The Republic of Vietnam Campaign Medal is improperly shown on his
DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show the Republic of Vietnam Campaign Medal with Device (1960).

7.  Headquarters, U.S. Army Vietnam and its subordinate units was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period 20 July 1965 to 28 March 1973, including the applicant's unit during his tenure of assignment.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

8.  The applicant contends there is an award of the Air Force Commendation Medal listed on his DD Form 214, which he personally believes to be in error when his DD Form 214 was typed.  There is no evidence he served in the U.S. Air Force or was awarded the medal by official orders.  As such, it appears the Air Force Commendation Medal was erroneously added to his DD Form 214.  Therefore, it would be appropriate at this time to delete the Air Force Commendation Medal from his DD Form 214.

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 from item 13 of his DD Form 214 for the period ending 31 January 1986 the:

* Meritorious Service Medal - 2
* Air Medal - 10
* Army Good Conduct Medal - 2
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal
* Air Force Commendation Medal

	b.  awarding him the Army Good Conduct Medal (3rd award) for the period
27 May 1966 through 26 May 1969; and

	c.  adding to item 13 of his DD Form 214 for the period ending 31 January 1986 the:

* Meritorious Service Medal (Second Oak Leaf Cluster)
* Air Medal with Numeral 11
* Army Good Conduct Medal (3rd award)
* Vietnam Service Medal with one silver service star
* Korea Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam 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)                                         AR20090005994



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ABCMR Record of Proceedings (cont)                                         AR20100017554



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