IN THE CASE OF:	  

		BOARD DATE:	  22 December 2011

		DOCKET NUMBER:  AR20110011115 


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 the effective date of his discharge as 13 December 1967 instead of 13 December 1965.  Additionally, he requests award of the Air Medal be corrected to show the correct number of oak leaf clusters and with "V" Device.

2.  He states his DD Form 214 shows he was discharged before he was inducted into the Army.  He adds that orders awarding him the Air Medal were issued under an inaccurate service number and do not reflect the correct oak leaf clusters or the "V" Device.

3.  He provides his DD Form 214 and General Orders Number 4757, dated 
5 October 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.  The applicant's military records show he was inducted into the Army of the United States on 14 December 1965 under the service number USXXXXX004.   He served in the Republic of Vietnam from 30 July 1966 to 26 July 1967 and was assigned to the 128th Assault Helicopter Company.  He was honorably released from active duty on 13 December 1967. 

3.  His DD Form 214 shows in:

* Item 3 (Name) list his middle name as "Barnes"
* item 7 (Service Number) USXXXXX004
* item 11d (Effective date) [of separation] 13 December 1965 
* item 22a(1) (Net Service This Period) "2  0  0"

* item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized)

* National Defense Service Medal
* Vietnam Service Medal (VSM)
* Army Good Conduct Medal
* Air Medal with (17th Oak Leaf Cluster (OLC)) 
* Republic of Vietnam Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar 
(M-14)
* Aircraft Crewman Badge (Permanent)

4.  General Orders Number 4757, dated 5 October 1967, awarded him the Air Medal (27th OLC) with "V" Device.  However, the service number on this order is listed as US USXXXXX500.  Additionally, his middle initial is listed as "R."

5.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he was transferred to the U.S. Army Reserve on 13 December 1967.

6.  General Orders Number 877, dated 11 November 1966, and General Orders Number 1155, dated 25 November 1966, contained in his military personnel file, awarded him the Air Medal (1st OLC) and (4th OLC), respectively.  Both general orders cited are listed as the authority for the issuance of the Air Medal in item 41 (Awards and Decorations) of his DA Form 20.  Additionally, both orders list his service number as USXXXXX500 and his middle initial as "B."

7.  A review of his records indicates he is entitled to additional awards that are not shown on his DD Form 214.

8.  General Orders Number 4162, dated 30 November 1966, contained in his military personnel file, awarded him the Army Commendation Medal for meritorious achievement for the period 4 November 1966 to 18 November 1966. This order also contains the service number of US USXXXXX500.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units that served in the Vietnam War.  This pamphlet shows the Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam between 20 July 1965 and 28 March 1973 by Department of the Army General Orders (DAGO) Number 8, dated 1974.

10.  Appendix B of Army Regulation 600-8-22 (Military Awards) states a bronze service star is awarded for wear on the VSM for participation in each campaign.  His records indicate he participated in the following campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968

DISCUSSION AND CONCLUSIONS:

1.  It appears that an error exists on the applicant's DD Form 214 because he could not be separated from the service (13 December 1965) and credited with   2 years of active duty service prior to the date of his induction (14 December 1965).  Therefore, he is entitled to correction of his DD Form 214 to show the date he separated from active duty as 13 December 1967.

2.  Evidence of record shows his service number was listed as USXXXXX500 instead of USXXXXX004 on numerous orders in his military personnel file.  Although orders awarding him the Air Medal (27th OLC) show his middle initial as "R" instead of "B" it is reasonable to assume that the incorrect service number and his middle initial were due to an administrative oversight.  Therefore, in the interest of equity it would be appropriate to correct his DD Form 214 to show he was awarded the Air Medal (27th OLC) with "V" Device.

3.  The evidence of record shows he is entitled to wear the Republic of Vietnam Gallantry Cross with Palm Unit Citation and correction of his records to show this unit award.

4.  The evidence also shows he participated in two campaigns during his service in Vietnam.  Therefore, he is entitled to correction of his records to show two bronze service stars to be worn on his already-awarded VSM.

BOARD VOTE:

____x___  ____x___  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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:

   a.  deleting from item 11d of his DD Form 214 the entry 13 December 1965 and replacing it with the entry 13 December 1967;

	b.  deleting from item 24 of his DD Form 214 the Air Medal (17th OLC) and the Vietnam Service Medal; and

	c.  adding to item 24 of his DD Form 214 the Air Medal (27th OLC) and with “V” Device, Vietnam Service Medal with two bronze service stars, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.



      _______ _   __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)                                         AR20110011115





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ABCMR Record of Proceedings (cont)                                         AR20110011115



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