BOARD DATE: 17 November 2011
DOCKET NUMBER: AR20110011178
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 all the awards he earned while serving on active duty.
2. The applicant states not all of his awards are shown on his DD Form 214.
3. The applicant provides his DD Form 214, three orders, and five certificates.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. Having had prior enlisted service, the applicant's records show he was appointed as a U.S. Army Reserve (USAR) Aviation warrant officer on 24 August 1970 and entered active duty on that date. He served in Vietnam from 15 September 1970 to 13 September 1971 while assigned to the 335th Aviation Company, 1st Aviation Brigade.
3. General Orders (GO) Number 95, dated 3 August 1971, issued by Headquarters, 3rd Surgical Hospital, Vietnam, awarded him the Purple Heart (2nd Award) for wounds received in connection with military operations against an enemy force on 2 August 1971.
4. GO Number 6170, dated 3 September 1971, issued by Headquarters, 1st Aviation Brigade, Vietnam awarded him the Bronze Star Medal for meritorious service in connection with military operations from September 1970 to September 1971.
5. GO Number 6378, dated 17 September 1971, issued by Headquarters, 1st Aviation Brigade, Vietnam, awarded him the Air Medal with "V" Device (2nd Award) for heroism while engaged in aerial flight on 16 May 1971.
6. GO Number 6563, dated 29 September 1971, issued by Headquarters, 1st Aviation Brigade, Vietnam, awarded him the Air Medal (35th Award) for meritorious achievement while participating in aerial flight.
7. He was honorably released from active duty on 16 September 1971 and transferred to the USAR. He completed 1 year and 23 days of creditable active service this period.
8. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 16 September 1971 shows the:
* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Army Aviator Badge
* Army Good Conduct Medal
* Air Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Two overseas service bars
9. Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance for the Vietnam Service Medal. It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. Appendix B shows that during his service in Vietnam, participation credit was awarded for the following two campaigns:
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)
* Consolidation I (1 July - 30 November 1971)
DISCUSSION AND CONCLUSIONS:
1. General orders awarded the applicant the Purple Heart (2nd Award), Bronze Star Medal, Air Medal with "V" Device (35th Award) which are not shown on his DD Form 214. Therefore, he is entitled to correction of his DD Form 214 to show these awards.
2. His record confirms he participated in two campaigns while serving in Vietnam. Therefore, he is entitled to wear two bronze service stars on his already-awarded Vietnam Service Medal and correction of his DD Form 214 accordingly.
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 24 of his DD Form 214 the Vietnam Service Medal and Air Medal;
b. Adding to item 24 of his DD Form 214 the:
* Purple Heart (2nd Award)
* Bronze Star Medal
* Air Medal with "V" Device (35th Award)
* Vietnam Service Medal with two bronze service stars
_______ _ 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) AR20110011178
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ABCMR Record of Proceedings (cont) AR20110011178
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