IN THE CASE OF:	  

		BOARD DATE:	    9 June 2011

		DOCKET NUMBER:  AR20100027864


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his missing service medals.

2.  The applicant states the following awards which are entered on his DA Form 20 (Enlisted Qualification Record) are missing from his DD Form 214:

* Air Medal with one oak leaf cluster
* three overseas service bars
* two Air Medals with "V" Devices
* Army Commendation Medal and Army Commendation Medal with oak leaf cluster
* Aircraft Crewmember Badge

3.  The applicant provides:

* a letter from the National Personnel Records Center, St. Louis, MO, dated 27 January 2003
* an extract of his DA Form 20

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.  He enlisted in the Regular Army for a 3-year term on 31 August 1966.  He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  He served in the Republic of Vietnam from 17 February 1967 to 25 September 1968.  During his service in Vietnam he was assigned to:

* Company A, 2nd Battalion, 5th Cavalry Regiment, 1st Cavalry Division (Airmobile), from 23 February 1967 through 13 October 1967
* Company B, 227th Aviation Battalion (Assault Helicopter), 1st Cavalry Division (Airmobile), from 14 October 1967 through 25 September 1968

4.  General Orders Number 7562, Headquarters (HQ), 1st Cavalry Division (Airmobile), dated 23 December 1967, awarded him the Air Medal for meritorious achievement while participating in aerial flight from 3 through 11 November 1967.

5.  General Orders Number 5914, HQ, 1st Cavalry Division (Airmobile), dated 24 June 1968, awarded him the Air Medal with "V" Device for heroism while participating in aerial flight in the Republic of Vietnam on 19 April 1968.

6.  General Orders Number 8625, HQ, 1st Cavalry Division (Airmobile), dated 17 July 1968, awarded him the Army Commendation Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam from January 1967 through August 1968.

7.  General Orders Number 8803, HQ, 1st Cavalry Division (Airmobile), dated 20 July 1968, awarded him the Air Medal with "V" Device for heroism while participating in aerial flight in the Republic of Vietnam on 19 April 1968.  However, it appears this order is a duplicate of General Orders Number 5914, as it was revoked by General Orders Number 11734, HQ, 1st Cavalry Division (Airmobile), dated 4 September 1968.

8.  General Orders Number 12041, HQ, 1st Cavalry Division (Airmobile), dated 10 September 1968, awarded him the Army Commendation Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam from September 1967 through September 1968.  This order was amended by General Orders Number 13295, HQ, 1st Cavalry Division (Airmobile), dated 19 October 1968, to read "Army Commendation Medal with First Oak Leaf Cluster."

9.  Unit Orders Number 44, Company B, 229th Aviation Battalion (Assault Helicopter), dated 11 September 1968, awarded him the Aircraft Crewmember Badge.

10.  General Orders Number 12894, HQ, 1st Cavalry Division (Airmobile), dated 5 October 1968, awarded him the Air Medal (1st through 25th Oak Leaf Cluster) for meritorious achievement while participating in aerial flight in the Republic of Vietnam from 12 November 1967 through 18 September 1968.

11.  On 19 July 1970, he was discharged under honorable conditions in the rank/grade of private/E-1.  His DD Form 214 shows he completed 3 years, 8 months, and 13 days of total active service, including 1 year, 7 months, and 8 days of foreign service.  The highest rank/grade he attained while serving on active duty was specialist four/E-4.

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

* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal
* Air Medal
* Army Commendation Medal
* Combat Infantryman Badge

13.  A DD Form 215 (Correction to DD Form 214), dated 10 June 1999, amended item 24 of his DD Form 214 by adding the Purple Heart.

14.  A DD Form 215, dated 12 August 2003, amended item 24 of his DD Form 214 by deleting the Vietnam Service Medal and adding the:

* Vietnam Service Medal with one silver service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Air Medal with "V" Device

15.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the overseas service bar.  It states that an overseas service bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army messages.  There are special provisions regarding authorization for the overseas service bar for service in a hostile fire zone and for combining service to calculate awards of the bar.  For Vietnam service, one overseas service bar was authorized for each period of 6 months of active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.

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

17.  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 2nd Battalion, 5th Cavalry Regiment, to which the applicant was assigned, was cited for the Valorous Unit Award for the period 11 March 1967 by Department of the Army General Orders Number 54, dated 1968.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show his missing service medals.

2.  General orders awarded him the Air Medal, the Air Medal with "V" Device, and the Air Medal with 1st through 25th Oak Leaf Cluster which are only partially shown on his DD Form 214.  It would be appropriate to correct his DD Form 214 to show the Air Medal (1st through 26th Oak Leaf Cluster) with "V" Device.

3.  General orders awarded him the Army Commendation Medal and the Army Commendation Medal with 1st Oak Leaf Cluster which are only partially shown on his DD Form 214.  It would be appropriate to correct his DD Form 214 to show the Army Commendation Medal (1st Oak Leaf Cluster).

4.  Unit orders awarded him the Aircraft Crewmember Badge which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this badge.

5.  General orders awarded one of his units of assignment the Valorous Unit Award which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.
6.  The overseas service bar is an item of clothing not governed by Army Regulation 600-8-22 (Military Awards).  As such, there is no provision for its entry on the 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.  voiding his previous DD Form 214 and all previous DD Forms 215;

	b.  issuing him a new DD Form 214 showing he was awarded or authorized the following awards:

* Purple Heart
* National Defense Service Medal
* Vietnam Service Medal with one silver service star
* Republic of Vietnam Campaign Medal with Device (1960)
* Air Medal (27th Award) with "V" Device
* Army Commendation Medal (2nd Award)
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Combat Infantryman Badge
* Aircraft Crewmember Badge

2.  The Board further determined 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 amending his DD Form 214 to show award of overseas service bars.



      ____________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)                                         AR20100015543



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100027864



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1