IN THE CASE OF:	  

		BOARD DATE:	  10 November 2011

		DOCKET NUMBER:  AR20110009890 


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 the Air Medal with Fifth Oak Leaf Cluster (six awards) and any awards and decorations to which he may be entitled for his service in Vietnam be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states:

* His DD Form 214 should include Vietnam service/campaign medals and the Air Medal with Fifth Oak Leaf Cluster
* He arrived with the 57th Transportation Company in Saigon, Vietnam on 13 December 1961 and he left Vietnam on 25 December 1962
* He flew as a door gunner and helicopter mechanic while in Vietnam
* He was credited with 125 plus combat flights

3.  The applicant provides:

* DD Form 214
* Passport issued in Saigon
* Newspaper article
* Orders for the Air Medal with First Oak Leaf Cluster
* Citations for the Air Medal with First, Third, and Fourth Oak Leaf Clusters
* Citation, award certificate, and page 1 of orders for the Air Medal with Fifth Oak Leaf Cluster
* Orders for glasses  

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 enlisted in the Regular Army on 18 August 1960 for a period of 3 years.  He completed his training and was awarded military occupational specialty 676.10 (tandem rotor helicopter mechanic).  He arrived in Vietnam on 21 November 1961.  He served as a helicopter mechanic assigned to the 57th Transportation Company in Vietnam from 21 November 1961 to 26 December 1962.  On 16 August 1963, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.    

3.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Good Conduct Medal and Sharpshooter Marksmanship Qualification Badge with Rifle Bar as authorized awards.  

4.  His service personnel records only contain Headquarters, U.S. Army Support Group, Vietnam general orders number 22, dated 14 March 1963, which show he received the Air Medal with Third Oak Leaf Cluster (four awards).

5.  He provided a citation and award certificate for the Air Medal with Fifth Oak Leaf Cluster for the period 23 September 1962 to 31 December 1962.  He also provided page 1 of Headquarters, U.S. Army Support Group, Vietnam general orders number 26, dated 18 March 1963, for the Air Medal with Fifth Oak Leaf Cluster.  However, his name is not shown on this page, only last names from A to H are listed.  His last name begins with P. 




6.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the Air Medal pertaining to the applicant.

7.  Records show he participated in one campaign during his assignment in Vietnam.

8.  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.

9.  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.

10.  Army Regulation 600-8-22 states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  

11.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  

12.  Army Regulation 600-8-22 provides, in pertinent part, that 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.






DISCUSSION AND CONCLUSIONS:

1.  He contends he received the Air Medal with Fifth Oak Leaf Cluster (six awards) and he provided a citation, award certificate, and partial orders for this award.  However, his name is not shown on page 1 of these partial 1963 orders.  Therefore, there is insufficient evidence on which to add the Air Medal with Numeral "6" to his DD Form 214.  If he can provide orders with his name on it he can resubmit his request to the Board.

2.  Based on his service in Vietnam and participation in one campaign, he is eligible for the Vietnam Service Medal with one bronze service stars and award of the Republic of Vietnam Campaign Medal with Device (1960).  His DD Form 214 should be corrected to show these medals.

3.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam.  The applicant served in Vietnam during a qualifying period and is eligible for this award.  His DD Form 214 should be corrected to show this unit award.

4.  He served a period of qualifying service for award of the National Defense Service Medal.  His DD Form 214 should be corrected to show this medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ____x___  ____x___  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 partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Vietnam Service Medal with one bronze service star, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and National Defense Service Medal to item 26 of his DD Form 214.   
 
2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to adding the Air Medal with Numeral "6" to his DD Form 214.  




      _______ _   __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)                                         AR20110009890





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ABCMR Record of Proceedings (cont)                                         AR20110009890



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