IN THE CASE OF:	  

		BOARD DATE:	  5 July 2011

		DOCKET NUMBER:  AR20100029783 


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 record to show the Air Medal (AM) with "V" Device and 19th Oak Leaf Cluster, the Republic of Vietnam Gallantry Cross with Bronze Star, and all other awards to which he may be entitled.

2.  The applicant states his military record is missing awards and citations.

3.  The applicant provides:

* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* two AM award orders and citation
* Letter dated 23 August 1968

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 record shows he enlisted in the Regular Army on 12 July 1965.  He was trained in and awarded military occupational specialty 67A (Aircraft Maintenance Crewman), and the highest rank he attained while serving on active duty was specialist five (SP5).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 16 February 1967 to 11 April 1968.  Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to Company A, 1st Aviation Battalion, 1st Infantry Division.

4.  The applicant’s Military Personnel Records Jacket (MPRJ) includes the following general orders (GO) which announced the indicated awards:

   a.  Headquarters, 1st Infantry Division, GO Number (#) 7109 dated 30 September 1967, announced the AM with "V" Device and 1st OLC for heroism.
   
   b.  Headquarters, 1st Infantry Division, GO #7126 dated 1 October 1967, announced the AM with "V" Device and 10th OLC for heroism 
   
   c.  Headquarters, 1st Infantry Division, GO #2976 dated 2 April 1968, announced the Army Good Conduct Medal.

5.  The applicant's Official Military Personnel File (OMPF) does not include any additional orders to show he received any additional AM awards beyond his 11th award.

6.  The OMPF includes Headquarters, United States Army Vietnam (USARV), Letter dated 23 August 1968.  It shows he was given authorization to accept and wear the RVN Gallantry Cross with Bronze Star.

7.  On 14 April 1968, the applicant was honorably released from active duty (REFRAD) after completing 2 years, 9 months, and 3 days of active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 contains the following list of awards:

* Army Commendation Badge [sic] (Army Commendation Medal - (ARCOM))
* AM w/9th OLC
* National Defense Service Medal (NDSM)
* Vietnam Service Medal
* RVN Campaign Medal
* Air Crewman Badge [sic] (Aircraft Crewman Badge)
* Expert Marksmanship Qualification Badge with M-16 Rifle Bar

8.  During the processing of this case, a member for the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review revealed Headquarters, 1st Infantry Division, GO #4240 dated 6 May 1968, which announced the applicant's award of the AM (23rd through 28th OLC) for meritorious achievement.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  

   a.  Paragraph 2-13 of the awards regulation 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. A silver service star will be used in lieu of five bronze service stars.  Appendix B shows that during the applicant's service in Vietnam, he participated in the following four campaigns:

* Vietnam Counteroffensive Phase II
* Vietnam Counteroffensive Phase II
* TET Counteroffensive
* Vietnam Counteroffensive Phase IV

   b.  Paragraph 3-15 contains guidance on the AM.  It states, in pertinent part, that it is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  The version of the awards regulation in effect at the time the applicant served provided for awarding an Oak Leaf Cluster to denote the second and subsequent awards of the AM.  Under current regulatory guidance, Numerals starting with 2 are used to denote second and subsequent awards of the AM.  

10.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault-landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during his tenure of assignment in the RVN, the applicant’s unit (1st Aviation Battalion, 1st Infantry Division) earned the RVN Gallantry Cross (RVNGC) with Palm Unit Citation  and the RVN Civil Actions Honor Medal (RVNCAHM) with First Class Unit Citation.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should receive the AM 19th OLC and "V" Device was carefully considered.  

2.  The evidence of record reveals official orders announcing the applicant's award of the AM through the 10th OLC of which two were with the "V" device for heroism.  Although the applicant’s MPRJ is void of any additional AM award orders, ADCARS contains official orders announcing the applicant's award of the AM (23rd through 28th OLC).  As a result, it is clear he is entitled to the AM with "V" Device and Numeral 29, and it should be added to his record and separation document at this time. 

3.  The evidence of record also includes official orders announcing the applicant's award of the AGCM and this award is not currently reflected on his DD Form 214. Therefore, it would be appropriate to add it to this separation document.

4.  Based on the applicant’s service and campaign participation in the RVN, he is also entitled to the RVNGC with Bronze Star, RVNGC and Palm Unit Citation; RVNCAHM First Class Unit Citation; and 4 bronze service stars with his VSM.  Therefore, it would also be appropriate to add these awards to his record and separation document at this time.  

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 the current entry in Item 24 of his DD Form 214 and replacing it with the:

* Air Medal with Numeral 29 and "V" Device
* Army Commendation Medal
* Army Good Conduct Medal
* Vietnam Service Medal with four bronze service stars
* National Defense Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Gallantry Cross with Bronze Star
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Republic of Vietnam Campaign Medal with Device 1960
* Aircraft Crewman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

   b.  Issuing him a correction to his DD Form 214 to reflect these awards.




      _______ _  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)                                         AR20100029783





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ABCMR Record of Proceedings (cont)                                         AR20100029783



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