BOARD DATE:	  13 October 2011

		DOCKET NUMBER:  AR20110006646 


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 to his DD Form 214 (Report of Separation from Active Duty) to show award of the:

* Legion of Merit
* Bronze Star Medal
* Republic of Vietnam Gallantry Cross with Gold Star
* Air Medal with "V" Device
* Distinguished Flying Cross (3rd Award)
* Purple Heart (3rd Award)

2.  He states that these awards were received in the mail after he retired.  He was not aware they would not automatically be included in an updated DD Form 214 and readily available.  The delay in his request is his own fault as he was not aware of any time limit.  The absence of these duly-earned awards on his official record would have an adverse impact upon his personal history and family records.  

3.  He provides a copy of his DD Form 214 and copies of orders for the following awards:

* Purple Heart (3rd Award)
* Distinguished Flying Cross (4th Award)
* 
Air Medal with "V" Device
* Bronze Star Medal

* Republic of Vietnam Gallantry Cross with Gold Star
* Legion of Merit

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.  After having had prior enlisted service, the applicant was appointed in the U.S. Army Reserve, as a second lieutenant, on 17 April 1964 and he entered active duty on the same day.  He held military occupational specialty 150, Armor Officer.  He served in Vietnam from 3 October 1967 through 22 December 1967, during two campaigns, and from 17 November 1971 through 16 November 1972, during three campaigns.

3.  General orders issued by Headquarters, 9th Infantry Division, awarded him the Purple Heart (2nd Award) for wounds received in Vietnam on 5 and 15 April 1967.

4.  General orders issued by the 9th Infantry Division awarded him three awards of the Distinguished Flying Cross for heroism while participating in aerial flight in Vietnam on 25 March, 15 May, and 10 June 1967.

5.  General Orders (GO) Number 3646 issued by the 9th Infantry Division awarded him the Air Medal with "V" Device for heroism while participating in aerial flight in Vietnam on 9 January 1968.


6.  GO Number 79 issued by the 87th Evacuation Hospital awarded him the Purple Heart for wounds received in action in Vietnam on 7 September 1972.

7.  GO Number 3169 issued by Headquarters, 1st Aviation Brigade, on 30 October 1972 awarded him the Bronze Star Medal for meritorious service in Vietnam from 17 November 1971 through 16 November 1972.

8.  On 9 November 1972, he was authorized award of the Republic of Vietnam Gallantry Cross with Gold Star.

9.  GO Number 3590 issued by the 1st Aviation Brigade on 28 November 1972 awarded him the Distinguished Flying Cross (4th Award) for heroism while participating in aerial flight in Vietnam on 6 September 1972.

10.  Permanent Orders Number 141-11 issued by the U.S. Army Military Personnel Center on 24 July 1979 awarded him the Legion of Merit for meritorious service from July 1976 to July 1979.

11.  He was retired as a major on 30 September 1979.  

12.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the following awards:  National Defense Service Medal, Army Good Conduct Medal, Parachutist Badge, Senior Army Aviator Badge, Vietnam Service Medal, Air Medal (26th Award), Distinguished Flying Cross (2nd Award), Republic of Vietnam Campaign Medal with 60 Device, Silver Star, Purple Heart (2nd Award), and Army Commendation Medal (2nd Award) with "V" Device.  

13.  Army Regulation 600-8-22 (Military Award) authorizes a bronze service star based on qualifying service for each campaign listed in appendix B and states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the Vietnam Service Medal.  A silver star denotes five bronze service stars.

14.  Department of the Army General Orders Number 8, dated 1974, announced   award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.


DISCUSSION AND CONCLUSIONS:

1.  Orders awarded the applicant the Purple Heart (3rd Award), Distinguished Flying Cross (4th Award), Air Medal with "V" Device, Bronze Star Medal, Republic of Vietnam Gallantry Cross with Gold Star, and Legion of Merit.  Therefore, it would be appropriate to correct his DD Form 214 to show these awards.

2.  The evidence of record shows he is also entitled to award of one silver service star to be affixed to his Vietnam Service Medal.  Therefore, it would be appropriate to correct his DD Form 214 to show this service star.  

3.  All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

4.  In view of the foregoing, his records should be corrected as recommended below.

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:

	a.  deleting from Item 26 of the applicant's DD Form 214 the Vietnam Service Medal, Air Medal (26th Award), and Distinguished Flying Cross (2nd Award); and 

	b.  adding to Item 26 of his DD Form 214 the:

* Purple Heart (3rd Award)
* Distinguished Flying Cross (4th Award)
* Air Medal (26th Award) with "V" Device
* Bronze Star Medal
* Republic of Vietnam Gallantry Cross with Gold Star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Legion of Merit
* Vietnam Service with one silver service star



      _______ _  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)                                         AR20110006646





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ABCMR Record of Proceedings (cont)                                         AR20110006646



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