IN THE CASE OF:
BOARD DATE: 21 September 2011
DOCKET NUMBER: AR20110004636
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 award of the Air Medal with 16th oak leaf cluster and with "V" Device.
2. He states, he was awarded the Air Medals during his service in the Republic of Vietnam (RVN) and they are not shown on his DD Form 214.
3. The applicant provides:
* his DD Form 214
* General Orders Number 1896, dated 17 February 1969 awarding him the Air Medal (1st oak leaf cluster) with "V" Device
* a Certificate for the Air Medal (1st oak leaf cluster)
* a Certificate for the Air Medal (1st through 16th oak leaf clusters
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 6 March 1967 for a period of
3 years. He completed training and he was awarded military occupational specialty (MOS) 67P (helicopter repairman). The highest rank/grade he attained while serving on active duty was specialist four (SP4)/E-4.
3. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 25 September 1967 to 21 April 1969.
4. Item 38 (Record of Assignments) of his DA Form 20 shows that during his tour of duty in the RVN, he was assigned to the:
* 15th Transportation Battalion from 28 September 1967 through 3 October 1968
* 1st Squadron, 9th Cavalry, 1st Calvary Division from 4 October 1968 to
21 April 1969
5. General Orders Number 1896, issued by Headquarters, 1st Cavalry Division (Airmobile), dated 17 February 1969, awarded the applicant the Air Medal (first oak leaf cluster) with "V" Device for heroism in the RVN on 27 October 1968.
6. General Orders Number 5031, issued by the same headquarters, dated
23 April 1969, awarded the applicant the Air Medal (1st through 16th oak leaf cluster) for meritorious achievement while participating in sustained aerial flight in support of combat ground forces in the RVN from 8 October 1968 through
3 February 1969.
7. The applicant was honorably released from active duty on 5 March 1970 at the expiration of his term of service. He completed 3 years of total active service. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 he was issued at the time shows the:
* Air Medal with third oak leaf cluster
* National Defense Service Medal
* Vietnam Service Medal with one silver service star and one bronze service star
* RVN Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar
8. A review of the applicant's record shows he is entitled to additional awards and decorations.
9. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the RVN. This pamphlet shows the 121st Signal Battalion, the unit to which the applicant was assigned, was cited for award of the:
* Meritorious Unit Commendation for the period 1 June 1967 through 31 May 1968 by Department of the Army General Orders (DAGO)
Number 28, dated 1969
* Meritorious Unit Commendation for the period 1 June 1968 through 30 November 1969 by DAGO Number 21, dated 1971
* RVN Gallantry Cross with Palm Unit Citation for the period 9 August 1965 through 19 May 1969 by DAGO Number 59, dated 1969
10. Army Regulation 600-8-22 (Military Awards) states Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal. The numeral 2 denotes the second award of the Air Medal.
DISCUSSION AND CONCLUSIONS:
1. General orders awarded the applicant the Air Medal with "V" Device. General orders also awarded him the Air Medal (1st through 16th oak leaf cluster), which would now reflect Numeral 16. Therefore, his DD Form 214 should be corrected to show the Air Medal with Numeral 16 and with "V" Device.
2. The applicant's unit was cited for two awards of the Meritorious Unit Commendation and one award of the RVN Gallantry Cross with Palm Unit Citation during his service in the RVN. Therefore, his DD Form 214 should be corrected 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 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 with third oak leaf cluster, and
b. adding to item 24 of his DD Form 214 the:
* Air Medal with Numeral 16 and with "V" Device
* Meritorious Unit Commendation (2nd Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal
___________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) AR20110004636
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ABCMR Record of Proceedings (cont) AR20110004636
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