IN THE CASE OF:	  

		BOARD DATE:	  22 December 2011

		DOCKET NUMBER:  AR20110010669 


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 7th through 9th Oak Leaf Cluster and "V" Device and a certificate of achievement.

2.  The applicant states he received the documents after he was discharged from the Army.

3.  The applicant provides:

* Air Medal Certificate for meritorious achievement for the period 11 November 1967 to 1 December 1967
* Air Medal Certificate for heroism on 17 March 1968
* Air Medal Certificate (7th and 8th Oak Leaf Cluster) for meritorious achievement for the period 30 March 1968 to 13 April 1968
* Air Medal Certificate (9th Oak Leaf Cluster) for heroism on 12 April 1968
* Headquarters, U.S. Army Vietnam, Certificate of Achievement, dated 8 November 1967

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.  On 5 May 1966, the applicant was inducted into the Army of the United States.  He completed his initial training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  His DA Form 20 (Enlisted Qualification Record) shows the following:

	a.  item 31 (Foreign Service) – he served in the Republic of Vietnam (RVN) from 9 November 1966 through 27 April 1968 (however, item 38 (Record of Assignments) shows he departed Vietnam on 22 April 1968) and

	b.  item 38 – during his service in Vietnam he was assigned to Company D, 87th Infantry, from 9 November 1966 to 13 November 1697 and to Troop B, 3rd Squadron, 17th Cavalry, from 14 November 1697 to 22 April 1968.

4.  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 U.S. Army Human Resources Command, confirmed the validity of each of the award certificates provided by the applicant.

	a.  General Orders Number 3275, Headquarters, 1st Aviation Brigade, dated 27 May 1968, awarded him the Air Medal (7th and 8th Oak Leaf Cluster) for meritorious achievement while participating in aerial flight in the RVN from 30 March to 13 April 1968;

	b.  General Orders Number 4132, Headquarters, 1st Aviation Brigade, dated 25 June 1968, awarded him the Air Medal for heroism while participating in aerial flight in the RVN on 17 March 1968;

   c.  General Orders Number 5485, Headquarters, 1st Aviation Brigade, dated 10 August 1968, awarded him the Air Medal for heroism while participating in aerial flight in the RVN on 12 April 1968; and

5.  General Orders Number 8574, Headquarters, 1st Aviation Brigade, dated 31 December 1968, amended General Orders Number 5485 to show he was awarded the Air Medal (9th Oak Leaf Cluster) with "V" Device.

6.  On 27 April 1968, he was released from active duty.  He completed 1 year, 11 months, and 23 days of creditable active duty service.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists his awards as:

* National Defense Service Medal 
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal
* Army Good Conduct Medal
* Air Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar

8.  He provides Headquarters, U.S. Army Vietnam, Certificate of Achievement, dated 8 November 1967, which recognized his meritorious performance of duty during the period 9 November 1966 to 8 November 1967 while assigned to Company D, 87th Infantry, 95th Police Battalion.

9.  Army Regulation 600-8-22 (Military Awards) provides for the issuance of certificates of achievement.  It states commanders may recognize periods of faithful service, acts, or achievements which do not meet the standards required for decorations by issuing to individual U.S. military personnel a DA Form 2442 (Certificate of Achievement) or a certificate of achievement of local design.  Certificates of achievement will be issued under such regulations as the local commander may prescribe.  If a locally-designed certificate of achievement is printed for use according to this regulation, it may bear reproductions of insignia.  The citation on such certificates will not be worded so that the act or service performed appears to warrant the award of a decoration.  No distinguishing device is authorized for wear to indicate the receipt of a certificate of achievement.  Copies of certificates of achievement or memoranda of record stating that a certificate of achievement has been awarded and citing the service recognized will be distributed to the official military personnel file.

10.  Appendix B of Army Regulation 600-8-22 shows that based on his dates of service in the RVN, he participated in the following four campaigns:  Vietnam Counteroffensive Phase II, Vietnam Counteroffensive Phase III, Tet Counteroffensive, and Vietnam Counteroffensive Phase IV.  This same regulation states a bronze service star will be worn on the Vietnam Service Medal for participation in each campaign.

11.  Army Regulation 600-8-22 also provides that Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  For example, the numeral 2 denotes the second award of the Air Medal.

12.  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 publication shows while he was assigned to:

	a.  Company D, 87th Infantry, his unit was cited for award of the Meritorious Unit Commendation in Department of the Army General Orders (DAGO) Number 54, dated 1968; and

	b.  Troop B, 3rd Squadron, 17th Cavalry, his unit was cited for award of the RVN Gallantry Cross with Palm Unit Citation in DAGO Number 21, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to show award of the Air Medal with 7th through 9th Oak Leaf Cluster [currently known as Air Medal with Numeral 10] and "V" Device and a certificate of achievement.

2.  General orders clearly show he was awarded the Air Medal (9th Oak Leaf Cluster) with "V" Device.  Therefore, this award should be shown on his DD Form 214.

3.  His units were cited in general orders for award of the Meritorious Unit Commendation and RVN Gallantry Cross with Palm Unit Citation.  Therefore his DD Form 214 should be corrected to show these awards.

4.  Records show he participated in four campaigns during his service in the RVN.  Therefore, he is entitled to four bronze service stars to be affixed to his Vietnam Service Medal.

5.  With respect to the certificate of achievement, commanders may recognize acts, achievements, or periods of faithful service or special acts which do not meet the standards required for decorations by issuing a certificate of achievement or commendation of local design.  Although copies of certificates of achievement or commendation will be filed in the official military personnel file, there is no distinguishing device authorized for wear to indicate receipt of a certificate of achievement or commendation and there is no provision to list such certificates on the DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X_____  ____X____  ___X_____  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 partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting the Air Medal and Vietnam Service Medal from item 24 of his DD Form 214 and

	b.  adding the following awards to item 24 of his DD Form 214:

* Air Medal with Numeral 10 and "V" Device
* Vietnam Service Medal with four bronze service stars
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

2.  The Board further determined 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 a certificate of achievement 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)                                         AR20110010669



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ABCMR Record of Proceedings (cont)                                         AR20110010669



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