IN THE CASE OF:
BOARD DATE: 28 April 2011
DOCKET NUMBER: AR20100026090
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 his awards of the Air Medal (AM) be added to his record and DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states he received numerous awards of the AM while serving in the Republic of Vietnam (RVN) but they are no entered on his record or DD Form 214.
3. The applicant provides DD Forms 214 (2), DA Form 20 (Enlisted Qualification Record), DA Form 66 (Officer Qualification Record), DA Form 759 (Flight Record and Flight Certificate-Army) in support of his application.
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 applicants 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 applicants failure to
timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants record shows he entered active duty in an enlisted status on 8 August 1968, to attend warrant officer flight school. Upon completion of flight school on 13 July 1969, he was honorably discharged to accept a warrant officer appointment. On 14 July 1969, he was appointed a warrant officer and remained on active duty in that status.
3. The record shows the applicant served in the RVN from 16 August 1969 through 15 August 1970. It further shows that during his RVN tour, he was assigned to the 4th Battalion, 4th Aviation Battalion, performing duties in military occupational specialty (MOS) 100B as a helicopter pilot.
4. The applicants Military Personnel Records Jacket (MPRJ) contains orders (Headquarters, 4th Infantry Division General Orders Number 4457, dated
28 August 1970) awarding the applicant the 2nd through 24th awards of the AM for his meritorious achievement while participating in aerial flight in the RVN.
5. On 1 April 1971, the applicant was honorably released from active duty, in the rank of chief warrant officer two, after completing a total of 2 years, 11 months, and 22 days of active military service. The DD Form 214 he was issued at the time shows he earned the following awards in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized):
* National Defense Service Medal
* Army Aviation Badge
* Vietnam Service Medal (VSM)
* Distinguished Flying Cross
* RVN Campaign Medal with 60 Device
* Army Commendation Medal with V (Valor) Device
* Bronze Star Medal 1st Oak Leaf Cluster
6. Army Regulation 600-8-22 (Military Awards) contains the Armys awards policy. Paragraph 2-13 contains guidance on the VSM. It states a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN. Table B-1 contains a list of campaigns and shows that during the applicants tenure of assignment in the RVN, participation credit was granted for the following four campaigns:
* Vietnam Summer-Fall 1969 (9 June-31 October 1969)
* Vietnam Winter-Spring 1970 (1 November 1969-30 April 1970)
* Sanctuary Counteroffensive (1 May-30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970-30 June 1971)
7. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during his assignment tenure, the applicant's unit (4th Aviation Battalion) received the RVN Gallantry Cross with Palm Unit Citation.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that the AMs he received while serving in the RVN were not listed in his record and DD Form 214 has been carefully considered and found to have merit.
2. The applicants record contains orders confirming the applicant received
24 awards of the AM. It also shows that based on his RVN service and campaign participation, he is eligible for the RVN Gallantry Cross with Palm Unit Citation and 4 bronze service stars with his VSM. Therefore, it would be appropriate to add these awards to item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of 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 24 of his DD Form 214 for the period ending 1 April 1971 the Vietnam Service Medal, and
b. adding to item 24 of his DD Form 214 for the period ending 1 April 1971 the:
* Vietnam Service Medal with 4 bronze service stars
* Air Medal (24th 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) AR20100026090
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100026090
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