IN THE CASE OF:	  

		BOARD DATE:	  12 January 2011

		DOCKET NUMBER:  AR20100017714 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Air Medal with Numeral 29 and Oak Leaf Cluster and "V" Device, Purple Heart, Distinguished Flying Cross, and Senior Aviation Badge.

2.  He states, in effect, these awards are not shown on his DD Form 214 possibly due to an error at the 336th Assault Helicopter Company or the transition period while he was hospitalized.  

3.  He provides:

* general orders for Air Medal with "V" Device, dated November 1969
* general orders for Purple Heart
* general orders for Air Medal with Numeral 29 and "V" Device, dated June 1970
* general orders for Distinguished Flying Cross
* 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.  His military records show he enlisted in the U.S. Army 5 August 1968.  He was appointed in the U.S. Army Reserve (USAR) as a warrant officer one on 14 July 1969 and entered on active duty the same day.  He held military occupational specialty 100B, Pilot.  He served in Vietnam from 19 August 1969 through 19 August 1970 during four campaigns.  He served with the 336th Aviation Company (Assault Helicopter).

3.  General Orders Number 5897 issued by the 1st Aviation Brigade on 14 November 1969 awarded him the Air Medal with "V" Device for heroism on 11 September 1969.

4.  General Orders Number 75 issued by the 3rd Field Hospital on 3 April 1970 awarded him the Purple Heart for wounds received in action on 1 April 1970.

5.  General Orders Number 2598 issued by the 1st Aviation Brigade on 23 April 1970 awarded him the Air Medal with Numerals 2 through 28 for meritorious achievement from 6 September 1969 to 1 April 1970.

6.  General Orders Number 5500 issued by the 1st Aviation Brigade on 24 June 1970 awarded him the Air Medal with Numeral 29 and "V" Device for heroism on 27 February 1970.

7.  General Orders Number 8467 issued by the 1st Aviation Brigade on 29 August 1970 awarded him the Distinguished Flying Cross for extraordinary heroism evidenced by voluntary actions above and beyond the call of duty on 27 July 1970.

8.  General Orders Number 8880 issued by the 1st Aviation Brigade on 8 September 1970 awarded him the Bronze Star Medal for meritorious service from August 1969 to August 1970.

9.  General Orders Number 8938 issued by the 1st Aviation Brigade on 9 September 1970 awarded him the Air Medal with Numerals 2 through 31 for service from 27 August 1969 to 25 July 1970.

10.  He was honorably released from active duty as a chief warrant officer two on 24 December 1970 and transferred to the USAR Control Group (Reinforcement). He was credited with 1 year, 5 months, and 11 days of net active service and 2 years, 4 months, and 20 days of total active service.

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, Republic of Vietnam Campaign Medal with Device (1960), Air Medal with Number 29 with Oak Leaf Cluster and "V" Device, Army Aviation Badge, two Overseas Service Bars, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), and Expert Marksmanship Qualification Badge with Pistol Bar (.45 caliber).

12.  Item 21 (Awards and Decorations) of his DA Form 66 (Officer Qualification Record) shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

13.  Army Regulation 600-8-22 (Military Awards) authorizes permanent award of the Senior Aviation Badge to individuals based upon 7 years of successful performance of flight status.  

14.  Army Regulation 600-8-22 also 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.  

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 336th Aviation Company was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation from 15 December 1969 through 10 October 1970 based on Department of the Army General Orders Number 52, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms he was awarded the Air Medal with Numeral 29 with Oak Leaf Cluster with "V" Device and these awards are shown on his DD Form 214.  The evidence also shows he was awarded the Air Medal with Numeral 31, the Purple Heart, Distinguished Flying Cross, and Bronze Star Medal.  Therefore, it would be appropriate to correct his DD Form 214 to show the Air Medal with Numeral 31 with "V" Device, Purple Heart, Distinguished Flying Cross, and Bronze Star Medal.  

2.  The evidence of record further confirms he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and he is also entitled to award of four bronze stars 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.

3.  General orders entitled him to wear the Republic of Vietnam Gallantry Cross with Palm Unit Citation based upon his assignment with the 336th Aviation Company and service in Vietnam.

4.  The evidence of records does not show he met the criteria for award of the Senior Aviation Badge.  Therefore, he is not entitled to this award and its addition to his DD Form 214.

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:

	a.  adding the Air Medal with Numeral 31 with "V" Device, Purple Heart, Distinguished Flying Cross, Bronze Star Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), four bronze service stars to be affixed to his already-awarded Vietnam Service Medal, and Republic of Vietnam Gallantry Cross with Palm Unit Citation to Item 24 of his DD Form 214 and

	b.  providing him a corrected separation document.

2.  The Board further determined that 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 award of the Senior Aviation Badge to him and its addition to 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)                                         AR20100017714



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ABCMR Record of Proceedings (cont)                                         AR20100017714



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