BOARD DATE: 11 August 2011
DOCKET NUMBER: AR20110002251
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the Army Good Conduct Medal (AGCM), Aircraft Crewman Badge, and Air Medal (17th Award).
2. The applicant states, in effect, he was awarded the above awards.
3. The applicant provides:
* Orders awarding him the AGCM and Aircraft Crewman Badge
* A recommendation for award of the Air Medal 8th through 17th oak leaf cluster
* An Authorization for the issuance of medal sets for the AGCM, Air Medal with Numeral 17 and Aircraft Crewman Badge
* His 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 applicants 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 applicants 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 on 22 August 1969. He completed his training as a helicopter repairman. He was transferred to Vietnam on 26 February 1970 and served until 27 September 1971 when he departed Vietnam and was transferred to Fort Carson, Colorado.
3. On 10 February 1972, he was honorably released from active duty (REFRAD) to join a U.S. Army Reserve unit. He had completed 2 years, 5 months, and
5 days of active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, Vietnamese Unit Citation, Air Medal (8th Award), Vietnam Campaign Medal, Army Commendation Medal, Vietnam Service Medal with three bronze service stars, and Bronze Star Medal.
4. The recommendation submitted by the applicant shows he was recommended for award of the Air Medal with Oak Leaf Clusters from 25 November 1970 to
4 September 1971. The battalion commander approved the recommendation on 21 September 1971. However, there are no orders in the available records showing the award was accomplished. However, on 28 November 1984 the Reserve Components Personnel and Administration Center (RCPAC) authorized the issuance of medal sets for award of the AGCM, Air Medal with Numeral 17 (because Oak Leaf Clusters are no longer authorized to be worn on the Air Medal), and Aircraft Crewman Badge.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his DD Form 214 should be corrected to show award of the AGCM, Air Medal with Numeral 17, and Aircraft Crewman Badge have been noted and appears to have merit.
2. The applicant provided orders awarding him the AGCM and Aircraft Crewman Badge. He also provided sufficient evidence to justify adding the award of the Air Medal with Numeral 17 to his DD Form 214.
3. Accordingly, his records should be corrected to show the AGCM, Aircraft Crewmans Badge, and Air Medal with numeral 17 to his DD Form 214.
BOARD VOTE:
__x___ ____x____ ____x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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:
* Deleting the Air Medal 8th award from his DD Form 214
* Adding the Air Medal with Numeral 17, AGCM, and Aircraft Crewman Badge to his DD Form 214
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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) AR20110002251
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ABCMR Record of Proceedings (cont) AR20110002251
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