IN THE CASE OF:
BOARD DATE: 19 July 2011
DOCKET NUMBER: AR20110000666
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) for the period ending 28 June 1968 to show awards of the Air Medal (AM), as well as any other awards he was awarded or entitled to for his service in the Republic of Vietnam.
2. The applicant states the AM's are missing from his DD Form 214.
3. The applicant provides:
* DD Form 214
* General Orders Number 935, Headquarters, 1st Aviation Brigade, dated 14 November 1966
* AM Certificate, dated 14 November 1966
* AM Certificate, dated 25 November 1966
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 enlisted in the Regular Army (RA), for a 3-year term, on 30 June 1965. He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman).
3. He served in the Republic of Vietnam from 26 December 1965 to 29 December 1966 where he was assigned to the 129th Aviation Company, 10th Aviation Battalion, 1st Aviation Brigade.
4. On 28 June 1968, he was released from active duty with an under honorable conditions characterization of service. His DD Form 214 shows he completed 2 years, 11 months, and 29 days of total active service. This form also shows he was awarded the:
* Combat Infantryman Badge
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
5. General Orders Number 935, Headquarters, 1st Aviation Brigade, dated 14 November 1966, awarded him the AM for meritorious achievement while participating in aerial flight for the period 17 August 1966 through 29 August 1966.
6. General Orders Number 1142, Headquarters, 1st Aviation Brigade, dated 25 November 1966 awarded him the AM with 1st Oak Leaf Cluster [2nd Award] for meritorious achievement while participating in aerial flight for the period 29 August 1966 through 12 September 1966.
7. General Orders Number 167, Headquarters, 1st Aviation Brigade, dated 13 January 1967, awarded him the AM with 3rd Oak Leaf Cluster [4th Award] for meritorious achievement while participating in aerial flight for the period 9 October 1966 through 8 November 1966.
8. A review of his records indicates he is entitled to additional awards which are not shown on his DD Form 214.
9. 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 the unit to which the applicant was assigned was cited for the:
* Valorous Unit Award for the period 1 January 1966 through 24 March 1966 by Department of the Army General Orders (DAGO) Number 17, dated 1968
* Valorous Unit Award for the period 1 through 20 June 1966 by DAGO Number 73, dated 1968, and later amended by DAGO Number 21, dated 1978
* Meritorious Unit Commendation for the period 1 December 1965 through 30 September 1966 by DAGO Number 17, dated 1968
* Meritorious Unit Commendation for the period 5 September 1966 through 31 March 1967 by DAGO Number 17, dated 1968
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March 1966 through 26 March 1967 by DAGO Number 22, dated 1968
DISCUSSION AND CONCLUSIONS:
1. General orders awarded him four awards of the AM. Therefore, he is entitled to correction of his DD Form 214 to show these awards.
2. General orders awarded his unit of assignment in Vietnam the Valorous Unit Award (2nd Award), Meritorious Unit Commendation (2nd Award), and Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.
BOARD VOTE:
___X___ ___X____ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 amending item 24 of his DD Form 214 for the period ending 28 June 1968 to add the:
* Air Medal (4th Award)
* Valorous Unit Award (2nd Award)
* Meritorious Unit Commendation (2nd Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
__________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
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ABCMR Record of Proceedings (cont) AR20110000666
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