IN THE CASE OF:	  

		BOARD DATE:	  28 April 2011

		DOCKET NUMBER:  AR20100026538 


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 awards of the Air Medal, Air Medal with "V" Device, Air Medal (2nd through 7th Award), Air Medal (10th through 23rd Award), Army Commendation Medal, and the Distinguished Flying Cross.

2.  The applicant states, in effect, he received the awards/citations while he was serving in Vietnam and an error was made as his social security number (SSN) was listed incorrectly on his file.  His correct SSN is 5xx-6x-6xxx and the one listed on some of the awards is 5xx-5x-9xxx.

3.  The applicant provides his DD Form 214 and six award orders.

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's records show he enlisted in the Regular Army on 24 July 1967 and he held military occupational specialty 67N (UH-1 Helicopter Repairer).  He served in Vietnam from 31 January 1969 to 22 February 1970 while assigned to Company A, 158th Aviation Battalion, and Company C, 101st Aviation Battalion, 101st Airborne Division.

3.  His records contain the following orders issued by Headquarters, 101st Airborne Division:

	a.  Special Orders Number 85, dated 26 March 1969, promoted him to the rank/grade of specialist five (SP5)/E-5.  The orders list his SSN as 5xx-5x-9xxx and his unit as Company A, 158th Aviation Battalion. 

	b.  General Orders Number 12653, dated 2 October 1969, awarded him the Air Medal for meritorious achievement while participating in aerial flight in Vietnam.  The orders list his SSN as 5xx-6x-6xxx and his unit as Company C, 101st Aviation Battalion. 

	c.  General Orders Number 14117, dated 30 November 1969, awarded him the Bronze Star Medal for meritorious service in connection with ground operations against a hostile force.  The orders list his SSN as 5xx-5x-9xxx and his unit as Company C, 101st Aviation Battalion. 

	d.  General Orders Number 14870, dated 16 December 1969, awarded him the Air Medal with "V" Device for heroism involving aerial flight in Vietnam on 2 December 1969.  The orders list his SSN as 5xx-6x-6xxx and his unit as Company C, 101st Aviation Battalion. 

4.  He was honorably released from active duty on 25 February 1970 in the rank/grade of SP5/E-5 and he was transferred to the U.S. Army Reserve Control Group to complete his remaining Reserve obligation.  He completed 2 years, 7 months, and 1 day of creditable active service.

5.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Vietnam Service Medal, Bronze Star Medal, Army Good Conduct Medal (1st Award), two overseas service bars, Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and the Expert Marksmanship Qualification Badge with Pistol Bar.

6.  The applicant provides the following orders issued by Headquarters, 101st Airborne Division that are not in his records:

	a.  General Orders Number 9803, dated 28 July 1969, awarded him the Army Commendation Medal.   The orders list his SSN as 5xx-5x-9xxx and his unit as Company C, 101st Aviation Battalion. 

	b.  General Orders Number 701, dated 31 January 1970, awarded him the Distinguished Flying Cross for heroism involving aerial flight evidenced by voluntary actions above and beyond the call of duty in Vietnam on 14 December 1969.  The orders list his SSN as 5xx-5x-9xxx and his unit as Company C, 101st Aviation Battalion. 

	c.  General Orders Number 14875, dated 7 March 1970, awarded him the Air Medal (10th through 23rd Award) for meritorious achievement while participating in aerial flight in Vietnam for the period 27 July 1969 through 16 January 1970.  The orders list his SSN as 5xx-5x-9xxx and his unit as Company C, 101st Aviation Battalion. 

7.  A review of his records indicates entitlement to additional awards.

8.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following four campaigns:

* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* TET 69 Counteroffensive 1969 (23 February - 8 June 1969)
* Vietnam Summer-Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter-Spring 1970 (1 November 1969 - 30 April 1970)

9.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) 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.  Qualifying service included assignment in Vietnam for 6 months or more. 

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that while he was assigned to Company C, 101st Aviation Battalion this unit was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 July 1968 through 14 May 1969, by Department of the Army General Order (DAGO) Number 43, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 July 1968 through 2 May 1970 by DAGO Number 48, dated 1971

11.  Army Regulation 600-8-22 states the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  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, the numeral 3 denotes the third award, etc.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms that during the period the applicant was assigned to the 101st Airborne Division promotion and award orders were published which listed his SSN as either 5xx-6x-6xxx or 5xx-5x-9xxx.  Orders for the Bronze Star Medal, which is shown on his DD Form 214, list his SSN as 5xx-5x-9xxx.  Therefore, he is entitled to correction of his DD Form 214 to show all awards he was awarded under either SSN. 

2.  General orders awarded him the Air Medal with "V" Device and the Air Medal with Numerals 10 through 23 (23 awards) for a total of 24 awards of the Air Medal; however, only the Air Medal is shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

3.  General orders awarded him the Army Commendation Medal and the Distinguished Flying Cross which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these awards. 

4.  The applicant participated in four campaigns while serving in Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

5.  General orders awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

6.  He served during a qualifying period for award of the Republic of Vietnam Campaign Medal with Device (1960) which is not shown on his DD Form 214.  Therefore, he is entitled to correction of DD Form 214 to 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 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 the Vietnam Service Medal and the Air Medal; and

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

* Air Medal with Numeral 24 and with "V" Device
* Army Commendation Medal
* Distinguished Flying Cross
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Republic of Vietnam Campaign Medal with Device (1960)



      _______ _   _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)                                         AR20100026538





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ABCMR Record of Proceedings (cont)                                         AR20100026538



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