IN THE CASE OF:
BOARD DATE: 14 September 2011
DOCKET NUMBER: AR20110004953
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 (Report of Separation from Active Duty) be corrected to reflect his awards of the National Defense Service Medal (NDSM), the Army Commendation Medal (ARCOM), the Aircraft Crewman Badge, and the Air Medal (6th award).
2. The applicant states that his DD Form 214 omitted his awards of the NDSM, the ARCOM, the Aircraft Crewman Badge, and the Air Medal (6th award).
3. The applicant provides copies of orders awarding him the ARCOM, the Aircraft Crewman Badge, and the Air Medal first through sixth award, and a copy of 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 in Indianapolis, Indiana on 26 February 1971 for a period of 3 years and training in helicopter maintenance. He completed his basic training at Fort Knox, Kentucky and his advanced individual training as a UH-1 helicopter repairman at Fort Rucker, Alabama before being transferred to Fort Carson, Colorado.
3. He was transferred to Vietnam on 8 September 1972 and was initially assigned to the 120th Aviation Company. On 1 October 1972, he was transferred to the 59th Corps Aviation Company and on 13 March 1973 he was transferred to the Command Aircraft Company, all of which were subordinate to the 1st Aviation Brigade.
4. On 29 March 1973, he departed Vietnam for assignment to Fort Knox, Kentucky where he remained until he was honorably released from active duty (REFRAD) on 27 November 1973 to join an Army National Guard unit. He had served 2 years, 9 months, and 2 days of active service and his DD Form 214 shows he was awarded the Vietnam Service Medal with one bronze service star, the Republic of Vietnam Campaign Medal with device 1960, and the Good Conduct Medal.
5. The orders provided by the applicant show that the applicant was awarded the ARCOM, the Aircraft Crewman Badge, and the Air Medal first through sixth award.
6. Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.
7. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions that he was awarded the NDSM, the ARCOM, the Aircraft Crewman Badge, and the AM (6th award) has been noted and found to have merit.
2. The applicant was clearly awarded those awards and they were omitted from his DD Form 214 at the time of his REFRAD. Accordingly, they should be added at this time.
3. Additionally, the applicants unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served in Vietnam and is entitled to have that awarded added to his DD Form 214 at this time.
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 adding the awards of the NDSM, the ARCOM, the Aircraft Crewman Badge, the AM (6th award), and the Republic of Vietnam Gallantry Cross with Palm Unit Citation 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) AR20110004953
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ABCMR Record of Proceedings (cont) AR20110004953
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