IN THE CASE OF:	  

		BOARD DATE:	  12 May 2011

		DOCKET NUMBER:  AR20100027394 


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 Forms 214 (Armed Forces of the United States Report of Transfer or Discharge), for the periods ending 3 May and 15 December 1972 to show award of the Air Medal 1st-10th Award with "V" Device and Oak Leaf Cluster (OLC) and the Bronze Star Medal.  

2.  He states his DD Form 214 does not show the Air Medal with Numeral 10 and with "V" Device, nor does his DD Forms 214 show the Bronze Star Medal.  He served as a helicopter crew chief/door gunner during the Vietnam War.  He wants his wife to have his medals in remembrance of the war.  Now he has lung disease and does not have long to live.  He knows his records were lost or destroyed.  

3.  He provides:

* May and December 1972 DD Forms 214
* DD Form 215 (Correction to 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.  On 31 December 1969, the applicant enlisted in the Regular Army (RA) in pay grade E-1, for 3 years.  He completed training and was awarded military occupational specialty 71T (Maintenance Data Specialist).

3.  He served in Vietnam from 14 January through 21 December 1971.  He was assigned to the 240th Aviation Company (Assault Helicopter).

4.  His records contain the following general orders issued by Headquarters, 1st Aviation, pertaining to the Air Medal:

* General Orders Number 4909, dated 23 June 1971, awarded him the Air Medal for meritorious achievement while participating in aerial flight in Vietnam from 2 February to 11 March 1971
* General Orders Number 4967, dated 29 June 1971, awarded him the Air Medal with 2nd through 6th Award for the period from 12 March to 13 May 1971
* General Orders Number 7124, dated 9 November 1971, awarded him the Air Medal 7th through 10th Award for the period from 11 July to 
7 September 1971

5.  There are no orders or citations in his records awarding him the Air Medal with "V" Device or the Bronze Star Medal.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not list the Air Medal with "V" Device or Bronze Star Medal.

6.  He was honorably discharged in pay grade E-4 on 3 May 1972, for the purpose of immediate reenlistment.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the following awards:

* National Defense Service Medal
* Vietnam Service Medal
* Aircraft Crewman Badge
* Republic of Vietnam Campaign Medal with Device 1960
* Two overseas service bars
* Air Medal 1st -10th Awards
* Purple Heart

8.  He reenlisted in the RA on 4 May 1972 for 6 years.  He was discharged on 15 December 1972 and issued a general discharge.

9.  Item 24 of his DD Form 214 shows the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

10.  On 19 May 1977, he was issued a DD Form 215 adding the Air Medal with Numeral 10, Purple Heart, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), and Aircraft Crewman Badge to his DD Form 214 for the period ending 15 December 1972.

11.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders were published authorizing award of the Air Medal with "V" Device or Bronze Star Medal.

12.  Army Regulation 600-8-22 (Military Awards) states the bronze “V” Device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with awards of the Army Commendation Medal, Air Medal, and Bronze Star Medal.  Although more than one award of the Army Commendation Medal, Air Medal, or Bronze Star Medal may be made for heroism to the same person, only one “V” Device may be worn on these medals.

13.  Army Regulation 600-8-22  states Arabic numerals are currently used instead of the OLC for the second and succeeding awards of the Air Medal.  The numeral 2 denotes the second award of the Air Medal.

14.  Army Regulation 600-8-22 also states the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an 
armed enemy, or while engaged n military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  However, pertinent regulations show that formal recommendations, approval through the chain of command, and announcement in orders are required for award of the Air Medal and Bronze Star Medal.  His service records give no indication he was recommended for or awarded the Air Medal with "V" Device or Bronze Star Medal.  In view of the circumstances in this case, there is insufficient evidence to have the Air Medal with "V" Device or Bronze Star Medal added to his May and December 1972 
DD Forms 214.

2.  With regard to showing award of the Air Medal with OLCs, pertinent regulations show Arabic numerals are now used instead of OLCs for the second and succeeding awards of the Air Medal.  Therefore, he was appropriately issued a DD Form 215 to correct his DD Form 214 to show award of the Air Medal with Numeral 10.

3.  In view of the foregoing, there is no basis for granting his request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ____X____  ____X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case 
are insufficient as a basis for correction of the records of the individual concerned.



      _______ _   __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)                                         AR20100027394



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ABCMR Record of Proceedings (cont)                                         AR20100027394


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