BOARD DATE: 22 March 2012
DOCKET NUMBER: AR20110017462
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 (Certificate of Release or Discharge from Active Duty) to add the Air Medal (AM) 12th through 18th Oak Leaf Cluster (OLC).
2. He states general orders (GO) awarded him the AM with 12th through 18th OLC; however, there was a failure to properly post these awards to his records.
3. He provides:
* a copy of GO Number 4434, dated 6 September 1969
* his DD Form 214
* a letter from the National Personnel Records Center
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 DA Form 2-1 (Personnel Qualification Record Part II) shows he served two tours of duty in the Republic of Vietnam (RVN) and one tour of duty in Korea as follows:
* Korea from 5 November 1963 through 22 November 1964
* RVN from 21 September 1965 through 20 September 1966
* RVN from 28 August 1968 through 24 August 1969
3. Headquarters, 1st Aviation Brigade, published GO Number 4434 on 6 September 1969. These orders show the applicant was assigned to Headquarters and Headquarters Company (HHC), 58th Transportation Battalion, during the period he was awarded the AM with 12th through 18th OLCs.
4. On 30 November 1979, he retired in the rank of chief warrant officer four after completing over 20 years of active service. His DD Form 214 shows he was awarded the following:
* National Defense Service Medal
* RVN Campaign Medal with Device (1960)
* RVN Gallantry Cross with Palm Unit Citation
* Bronze Star Medal
* AM with 11th Oak Leaf Cluster
* Meritorious Unit Commendation (MUC)
* Master Army Aviation Badge (Senior Aviation Badge)
* RVN Civil Actions Honor Medal First Class Unit Citation
* Armed Forces Reserve Medal with 10-Year Device
* Distinguished Flying Cross
* Vietnam Service Medal with one silver and three bronze service stars
5. HHC, 58th Transportation Battalion, was cited for award of two MUC's during the applicant's period of service:
* from 1 November 1967 to 31 October 1968 by Department of the Army General Orders Number 39, dated 1970
* from 1 November 1968 to 31 January 1970 by Department of the Army General Orders Number 51, dated 1971
6. Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the
United States who served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
7. Army Regulation 600-8-22 provides that Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the AM. For example, the numeral 2 denotes the second award of the AM.
DISCUSSION AND CONCLUSIONS:
1. Based on his period of active duty service in support of the defense of Korea, he is entitled to addition of the KDSM to his DD Form 214.
2. General orders awarded him the AM with 12th through 18th OLC. As a result, he is entitled to addition of the AM with Numeral 19 to his DD Form 214.
3. HHC, 58th Transportation Battalion, was awarded two MUC's during the period of his assignment. As such, it would be appropriate to amend his DD Form 214 to show these unit awards.
BOARD VOTE:
__X___ __X____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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 amending his DD Form 214 for the period ending 30 November 1979 by:
a. deleting the AM with 11th OLC and MUC and
b. adding the following awards:
* AM with Numeral 19
* KDSM
* MUC (2nd Award)
___________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) AR20110017462
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ABCMR Record of Proceedings (cont) AR20110017462
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