IN THE CASE OF:	  

		BOARD DATE:	  24 March 2011

		DOCKET NUMBER:  AR20100019035 


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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 July 1988 be amended to show he was awarded the Air Medal (AM) (28th Award).

2.  He states he was awarded the first award of the AM twice for two different periods of service.  As a result, when he was awarded subsequent awards of AM (2nd through 27th Award) for the next periods of service, the orders should have read, "3rd through 28th Award."

3.  He provided:

* three award orders
* 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.  His military personnel record shows he enlisted in the Regular Army on 21 June 1968.  He served in military occupational specialty (MOS) 67N (UH-1 Helicopter Repairman) through a series of reenlistments.  He culminated his 
20-year career in MOS 93P (Flight Operations Coordinator).

3.  His DA Form 2-1 (Personnel Qualification Record – Part II) shows in:

* Item 5 (Oversea Service) he served two tours in Vietnam –

* from 30 March 1969 through 18 March 1970
* from 12 October 1970 through 11 October 1971

* Item 9 (Awards, Decorations, and Campaigns) –

* AM (27th Award)
* Army Good Conduct Medal (AGCM) (6th Award)

* Item 35 (Record of Assignments) – he was assigned to the 176th Aviation Company, 24th Combat Aviation Brigade, during both tours of duty in Vietnam

4.  He provided the following general orders (GO) awarding the AM's.  All GOs were issued by Headquarters, Americal Division, which became the 23rd Infantry Division:

* AM (17 April-5 May 1969) per GO Number 8086, dated 21 August 1969
* AM (12-26 November 1970) per GO Number 6313, dated 4 June 1971
* AM (2nd through 27th Award) (26 November 1970-31 August 1971) per GO Number 11497, dated 9 October 1971

5.  His record contains Permanent Orders (PO) Number 62-5 issued by the 516th Personnel Service Company on 20 June 1986.  These orders show he was awarded the AGCM (6th Award) for the period 21 June 1983 to 20 June 1986.

6.  On 31 July 1988, he retired.  His DD Form 214 for this period shows in item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) he was awarded:

* Army Service Ribbon
* National Defense Service Medal
* Vietnam Service Medal (VSM) with five bronze service stars
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)
* RVN Gallantry Cross with Palm Unit Citation
* Army Commendation Medal (4th Award)
* Noncommissioned Officer Professional Development Ribbon (Numeral 3)
* Overseas Service Ribbon (Numeral 2)
* Aircraft Crewmember Badge
* Senior Aircraft Crewmember Badge
* AM (27th Award)

7.  A review of his records indicates he is entitled to additional awards that are not shown on his DD Form 214.

8.  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 176th Aviation Company, 24th Combat Aviation Brigade, was cited for three awards of the RVN Gallantry Cross with Palm Unit Citation during his two assignments with the unit.  These periods are:

* from 24 August to 31 December 1969 and from 8 February to 31 March 1971, by Department of the Army GO Number 42, dated 1972
* from 1 April to 30 June 1971, by Department of the Army GO Number 6, dated 1974

9.  Department of the Army Pamphlet 672-3 states not more than one RVN Gallantry Cross with Palm Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.

10.  Army Regulation 600-8-22 (Military Awards) states a bronze service star based on qualifying service for each campaign listed in appendix B will be worn on the appropriate service medal (i.e., VSM).  A silver service star is authorized in lieu of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  GO awarded him 28 awards of the AM during his tours of duty in Vietnam.  Therefore, it would be appropriate to correct his DD Form 214 to show award of the AM (28th Award).

2.  It is reasonable to presume an administrative error occurred during the processing of the general orders for the second and subsequent awards of the AM.  Therefore, it would be appropriate to:
	a.  amend Headquarters, 23rd Infantry Division, GO Number 6313, dated 4 June 1971, only so much of the order pertaining to the applicant to show Air Medal 2nd Award, and

	b.  amend Headquarters, 23rd Infantry Division, GO Number 11497, dated 9 October 1971, by correcting only those portions of the order that pertain to the applicant, as reads:  "Air Medal (Second through Twenty-seventh Awards)…..
Section VI," to read:  "AM (3rd through 28th Award)…..Section VI." 

3.  PO awarded him the AGCM (6th Award), which is not shown on his DD Form 214.  Therefore, it would be appropriate to add this award to item 13 of his DD Form 214.

4.  GOs awarded his unit three awards of the RVN Gallantry Cross with Palm Unit Citation.  His DD Form 214 only reflects one award.  Although he is only entitled to wear one, it would be appropriate to correct his records to show he is authorized all three unit awards.

5.  He was awarded the VSM with five bronze service stars.  Army Regulation 600-8-22 states a silver service star is authorized for wear in lieu of five bronze service stars.  Therefore, it would be appropriate to correct his record to properly show this award.

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.  amending Headquarters, 23rd Infantry Division, GO Number 6313, dated 4 June 1971 only so much of the order pertaining to the applicant to show Air Medal 2nd Award;

	b.  amending Headquarters, 23rd Infantry Division, GO Number 11497, dated 9 October 1971, by correcting only those portions of the order pertaining to applicant:  as reads:  "Air Medal (Second through Twenty-seventh Awards)…..
Section VI," to read:  "AM (3rd through 28th Award);"

	c.  deleting the following awards from item 13 of his DD Form 214 for the period ending 31 July 1988:

* AM (27th Award)
* VSM with five bronze service stars
* RVN Gallantry Cross with Palm Unit Citation

	d.  adding the following awards to item 13 of his DD Form 214 for the period ending 31 July 1988:

* AM (28th Award)
* VSM with one silver service star
* AGCM (6th Award)
* RVN Gallantry Cross with Palm Unit Citation (3rd Award)




      ____________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)                                         AR20100019035



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ABCMR Record of Proceedings (cont)                                         AR20100019035



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