BOARD DATE:	  21 June 2011

		DOCKET NUMBER:  AR20110001230 


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 (Certificate of Release or Discharge from Active Duty) to show the number of Air Medals he was awarded as 39 instead of 31. 

2.  The applicant states he has the certificate that shows he was awarded the Air Medal (32nd through 39th Oak Leaf Cluster (OLC)).  

3.  The applicant provides the certificate.

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 was appointed as a second lieutenant and executed an oath of office on 3 June 1957.  He entered active duty on 8 June 1957 and served in a variety of overseas and stateside assignments.  He attained the rank of lieutenant colonel (LTC).

3.  His records show he served in various stateside and overseas assignments including service in Korea from 19 August 1962 to 20 July 1963 and Germany from 29 September 1966 to 9 May 1968.  He also completed two tours in Vietnam:

	a.  He served from 16 August 1965 to 15 August 1966.  He was assigned to Company A, 4th Aviation, 1st Cavalry Division from 10 September 1965 to 24 April 1966 and he was assigned to Company C, 227th Aviation, 1st Cavalry Division from 25 April to 15 August 1966; and 

	b.  He served from 30 September 1968 to 29 September 1969.  He was assigned to Headquarters and Headquarters Company, 2nd Brigade, 25th Infantry Division from 4 October 1968 to 21 January 1969 and he was assigned to Company A, 25th Aviation Battalion, 25th Infantry Division, from 22 January to 16 September 1969.

4.  On 30 November 1980, he was honorably retired and placed on the retired list in his retired rank of LTC on 1 December 1980.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his 
DD Form 214 shows the:

* Expert Infantryman Badge
* Combat Infantryman Badge
* Air Medal (31st Award)
* Distinguished Flying Cross (1st OLC)
* National Defense Service Medal
* Republic of Vietnam Campaign Medal with "1960" Device
* Bronze Star Medal
* Army Commendation Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (1st OLC)
* Army Aviator Badge
* Senior Aviator Badge
* Master Aviator Badge
* Four overseas service bars
* Meritorious Service Medal (1st OLC)
* Defense Meritorious Service Medal


5.  During his first tour in Vietnam, Headquarters, 1st Cavalry Division, published various general orders (GO) awarding him the 1st through 22nd OLC of the Air Medal.  

6.  GO Number 1148, dated 26 April 1966, issued by Headquarters, 1st Cavalry Division, awarded him the Air Medal (9th OLC) with "V" Device for heroism on 14 October 1965.

7.  During his second tour in Vietnam, Headquarters, 25th Infantry Division, published various GOs awarding him the 23rd through 31st awards of the Air Medal as follows:

* GO Number 193, dated 7 January 1969, awarded him the Air Medal (23rd through 29th OLC) for achievement from 5 October to 20 December 1968
* GO Number 2982, dated 9 March 1969, awarded him the Air Medal (30th and 31st OLC) for achievement from 21 December 1968 to 21January 1969
* GO Number 12069, dated 27 September 1969, awarded him the Air Medal (32nd through 39th OLC) for achievement from 9 March to 8 September 1969

8.  A review of his records indicates his entitlement to additional awards that are not shown on his DD Form 214.

9.  Item 23 (Qualification in Arms) of the applicant's DA Form 66 shows he qualified with the following weapon systems:

* Rifle (M-1), Marksman, 13 August 1967
* Rifle (Carbine), Expert, 14 November 1959
* Pistol (.45 caliber), Marksman, 24 October 1968
* Rifle (M-14), Sharpshooter, 21 January 1964
* Rifle (M-16), Expert, 29 August 1968

10.  Army Regulation 600-8-22 provides for the following awards:

	a.  The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. 

	b.  The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  

	c.  Appendix B of Army Regulation 600-8-22 shows during the applicant's service in Vietnam (16 August 1965 to 15 August 1966 and 30 September 1968 to 29 September 1969), campaign participation credit was awarded for the seven campaigns below.  This regulation also states that a bronze service star is authorized for each Vietnam campaign a member is credited with participating in. A silver service star denotes five bronze service stars.

* Vietnam Defense Campaign-8 March-24 December 1965
* Vietnam Counteroffensive-25 December 1965-30 June 1966
* Vietnam Counteroffensive Phase II-1 July 1966-31 May 1967
* Vietnam Counteroffensive Phase V-1 July-1 November 1968
* Vietnam Counteroffensive Phase VI-2 November 1968-22 February 1969
* Tet 69/Counteroffensive-23 February-8 June 1969
* Vietnam Summer-Fall 1969-9 June-31 October 1969

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during his service with his various units in Vietnam:

	a.  The 227th Aviation Battalion was awarded the Meritorious Unit Commendation for service from 1 September 1965 to 30 November 1966 based on Department of the Army General Orders (DAGO) Number 17, dated 1968.

	b.  Headquarters and Headquarters Company, 2nd Brigade, 25th Infantry Division was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 1 January 1966 to 21 January 1970 based on DAGO Number 51, dated 1971.

	c.  The 25th Aviation Battalion was awarded the Valorous Unit Award for the period 12 to 24 August 1969 based on DAGO Number 48, dated 1971, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 31 March 1966 to 21 January 1970 based on DAGO Number 51, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the Air Medal (32nd through 39th OLC, or 40th Award) which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  Furthermore, the evidence of record shows the applicant was awarded the Air Medal (9th OLC) with "V" Device for heroism which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award. 

3.  The evidence of record shows the applicant served in Korea from 19 August 1962 to 20 July 1963.  By regulation, he served a qualifying period for award of the Korea Defense Service Medal; therefore, he is entitled to correction of his records to show one award of the Korea Defense Service Medal.

4.  The evidence of record shows he completed two periods of service in Vietnam.  Therefore, he is entitled to award of the Vietnam Service Medal.  Additionally, his records show he participated in seven campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to a silver service star and two bronze service stars to be affixed to his Vietnam Service Medal.

5.  General orders awarded his units in Vietnam the Meritorious Unit Commendation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (two), and Valorous Unit Award which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

6.  Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle (Carbine) Bar, the Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) and (M-16) Bars, and the Marksman Marksmanship Qualification Badge with Rifle (M-1) and Pistol (.45 caliber) Bars which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these badges.

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 Air Medal (31st Award); and

   b.  Adding to Item 24 of his DD Form 214 the:

* Air Medal (40th Award) and "V" Device
* Vietnam Service Medal with one silver service star and two bronze service stars
* Korea Defense Service Medal
* Meritorious Unit Commendation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (2nd Award)
* Valorous Unit Award
* Expert Marksmanship Qualification Badge with Rifle Bar (Carbine)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-1)
* Marksman Marksmanship Qualification Badge with Pistol Bar 
(.45 caliber)



      ___________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)                                         AR20110001230



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ABCMR Record of Proceedings (cont)                                         AR20110001230



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