IN THE CASE OF:	  

		BOARD DATE:	  23 May 2012

		DOCKET NUMBER:  AR20110020165 


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 three awards of the Air Medal and the Army Commendation Medal.  He also requests to be issued the medals and correction of three award certificates to show his correct two middle initials.

2.  The applicant states records of awards were either lost or not presented in a timely manner.

3.  The applicant provides a DD Form 214 and three award 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 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 is requesting that he be issued medals.  However, service medals and awards are not issued by the ABCMR.  He may obtain his medals by submitting his request in writing to:  National Personnel Records Center, ATTN: Army Reference Branch, 9700 Page Boulevard, St. Louis, Missouri  63132-5200. This issue will not be further addressed in this Record of Proceedings.

3.  The applicant enlisted in the Regular Army on 3 August 1970 and upon completion of initial entry training he was awarded military occupational specialty 67N (Helicopter Repairman).  His enlistment contract shows his two middle initials as J.K.

4.  Headquarters, 3rd Basic Combat Training Brigade, Fort Ord, CA, Special Orders Number 195, dated 24 September 1970, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

5.  His DA Form 20 (Enlisted Qualification Record) shows in item 31 (Foreign Service) he served in Vietnam from 6 January 1971 to 24 August 1972 and in item 38 (Record of Assignments) that he was assigned to the 117th Aviation Company from 12 January 1971 to 7 March 1972 and to F Troop, 4th Cavalry from 8 March to 20 August 1972.

6.  Headquarters (HQ), 1st Aviation Brigade, General Orders Number 2875, dated 6 October 1972, awarded him the Army Commendation Medal.

7.  HQ, 1st Aviation Brigade General Orders Number 3379, dated 15 November 1972, awarded him the second award of the Air Medal with "V" (valor) Device.

8.  HQ, 1st Aviation Brigade General Orders Number 200, dated 17 January 1973, awarded him the third award of the Air Medal with "V" Device.

9.  The applicant's orders for the first award of the Air Medal are not available.

10.  He was released from active duty on 27 November 1973.  His DD Form 214 shows his two middle initials as J.K.  It also shows he earned the following awards:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* three Overseas Service Bars

11.  He provides certificates for the Army Commendation Medal and for the second and third awards of the Air Medal with "V" Device which do not correctly show his two middle initials.  

12.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains guidance on the Vietnam Service Medal and states a bronze service star is authorized with this award for each campaign a member is credited with participating in while in Vietnam.  Appendix B of this regulation shows the campaigns for Vietnam.  During his tour in Vietnam, he participated in four campaigns:

* Vietnamese Counteroffensive Phase VII (1 July 1970 - 30 June 1971)
* Consolidation I (1 July - 30 November 1971) 
* Consolidation II (1 December 1971 - 29 March 1972) 
* Vietnam Ceasefire (30 March 1972 - 28 January 1973)

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 117th Aviation Company was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 26 September - 10 October 1971 by Department of the Army General Orders Number 54, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  Evidence shows he was awarded the Army Commendation Medal and the Air Medal with "V" Device (3rd award).  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  The three award certificates provided do not correctly show his two middle initials.  It would be appropriate to correct these award certificates to show his two middle initials as J.K.

3.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  His DD Form 214 should also be corrected to show this badge.

4.  He was awarded the Vietnam Service Medal; however, he participated in four campaign phases during his service in Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

5.  His unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should further be corrected to show this unit awards.

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 the Vietnam Service Medal from his DD Form 214;

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

* Army Commendation Medal
* Air Medal with "V" Device (3rd award)
* Vietnam Service Medal with four bronze service stars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

	c.  and correcting the certificates for the Army Commendation Medal and for the second and third awards of the Air Medal with "V" Device to show his two middle initials as shown on his enlistment contract and 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)                                         AR20110020165



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ABCMR Record of Proceedings (cont)                                         AR20110020165



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