BOARD DATE:	  25 October 2011

		DOCKET NUMBER:  AR20110009286 


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 reflect his awards of the Air Medal, Army Commendation Medal (ARCOM), and all other awards to which he is entitled.  Additionally, he requests that his discharge be reflected as July 1971.

2.  The applicant states his awards of the Air Medal and ARCOM were omitted from his DD Form 214 and his discharge as an officer should reflect that he was discharged in July 1971.

3.  The applicant provides 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 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 was inducted into the Army of the United States in Portland, Oregon, on 11 May 1966.  He completed basic training at Fort Ord, California, and advanced individual training as an armor intelligence specialist at Fort Knox, Kentucky, before being transferred to Fort Benning, Georgia, to attend Officer Candidate School.

3.  On 16 April 1967 he was honorably discharged to accept a commission.  On 17 April 1967, he was appointed as a U.S. Army Reserve (USAR) infantry second lieutenant with concurrent call to active duty and was transferred to Fort Lewis, Washington, for his first assignment.

4.  On 12 September 1967, he was transferred to Fort Wolters, Texas, to undergo the officer rotary wing aviator course.  He was subsequently transferred to Fort Rucker, Alabama, where he finished the course.  On 2 July 1968, he was transferred to Vietnam for assignment to the 173rd Assault Helicopter Company. 
On 12 November 1968, he was transferred to the 120th Aviation Company.

5.  After serving in four campaigns, he departed Vietnam on 1 July 1969 and was transferred to Fort Wolters where he remained until he was honorably released from active duty (REFRAD) in the rank of captain on 1 July 1971.  He was transferred to the USAR Control Group (Reinforcement) where he remained until he was honorably discharged on 31 October 1974.

6.  His DD Form 214 issued at the time of his REFRAD on 1 July 1971 shows he completed 5 years, 1 month, and 21 days of active service.  He was awarded the National Defense Service Medal, Army Aviator Badge, Vietnam Service Medal (VSM), Republic of Vietnam Campaign Medal, and ARCOM.

7.  A review of his official records shows he was awarded the Air Medal on 9 September 1968 in General Orders Number 6222 issued by Headquarters, 1st Aviation Brigade.  On 9 July 1969, he was awarded the Air Medal with 1st through 20th Oak Leaf Cluster (OLC's) in General Orders Number 3226 issued by Headquarters, 1st Aviation Brigade.

8.  His records also show he was awarded one ARCOM which is already reflected on his DD Form 214.  Accordingly, no further mention will be made of that award in this Record of Proceedings.  Additionally, his DD Form 214 already shows he was REFRAD on 1 July 1971.  Therefore, that issue will not be further discussed in this Record of Proceedings.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he was assigned to the unit.

10.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the VSM.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted and were found to have merit.  The applicant was awarded the Air Medal with 20 OLC's and he is entitled to have these awards added to his DD Form 214 at this time.

2.  The applicant also served in four campaigns and is entitled to have four bronze service stars added to his already-awarded VSM at this time as well.

3.  Additionally, his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit and thus is entitled to have that award added 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 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:

* deleting the VSM from his DD Form 214 for the period ending 1 July 1971
* adding the Air Medal with 20 OLC's, VSM with four bronze service stars, and Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214 for the period ending 1 July 1971

2.  The Board wants the applicant and all others to know 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)                                         AR20110009286



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ABCMR Record of Proceedings (cont)                                         AR20110009286



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