IN THE CASE OF:	  

		BOARD DATE:	  17 May 2012

		DOCKET NUMBER:  AR20110021334 


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 the following awards be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge):

* Second Air Medal with "V" device
* Vietnam Service Medal with two bronze service stars
* Valorous Unit Award
* Meritorious Unit Commendation (Army) 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

2.  The applicant states he did not receive the Army Commendation Medal because he had already received a Purple Heart and an Air Medal with "V" device.  He states that maybe the Army Board for Correction of Military Records (ABCMR) could downgrade his second Air Medal with "V" device to an Army Commendation Medal with "V" device.

3.  The applicant provides:

* his DD Form DD Form 214
* orders for his first Air Medal with "V" device
* orders for his second Air Medal with "V" device
* a letter, dated 5 May 2008, from National Personnel Records Center, St. Louis, MO
* a history of the 162nd Aviation Company's honors and awards from the internet
* a history of the 11th Combat Aviation Battalion from the internet

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 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.  He was inducted into the Army of the United States on 3 May 1965.  He completed basic combat and advanced individual training and was awarded military occupational specialty 67N (UH-1 Helicopter Repairman).

3.  Headquarters, 4th Training Brigade (BCT), U.S. Army Training Center, Armor, Fort Knox, KY Special Orders Number 106, dated 17 June 1965, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

4.  He was assigned to the 162nd Aviation Company in the Republic of Vietnam from 15 January 1966 to 6 January 1967.

5.  Headquarters, 1st Infantry Division issued the following General Orders:

* Number 3258, dated 24 November 1966, awarding him the Air Medal with "V" device for the period from 1-15 November 1966
* Number 163, dated 8 January 1967, awarding him the Air Medal with "V" device for the period 1 October 1966 to 3 November 1966

6.  Headquarters, 1st Aviation Brigade General Orders Number 1015, dated 
24 March 1967, awarded him the Air Medal, 19th through 22nd Oak Leaf Cluster.

7.  On 2 May 1967, he was released from active duty.  He completed 2 years of active service that was characterized as honorable.  His DD Form 214 shows he was awarded or authorized:

* “22 OLC” (Oak Leaf Clusters)
* Army Good Conduct Medal (1st Award)
* Air Medal
* Air Medal with "V" device
* Air Medal (1st)
* Vietnam Service Medal
* Aircraft Crewman Badge
* Purple Heart
* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict.  This pamphlet shows that, during the time of the applicant’s assignment to the 162nd Aviation Company the unit was awarded the:

* Valorous Unit Award for the period from 4 - 20 November 1966
* Meritorious Unit Commendation (Army) for the period from 1 January to 
* 31 December 1967
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period from 1 March 1966 to 26 March 1967
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period from 19 December 1966 to 28 June 1969

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly, for example personnel in the attack elements of units involved in air-land assaults against an armed enemy.  
Awards may be made for acts of heroism in connection with military operations against an armed enemy or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party, which are of a lesser degree than required for award of the Distinguished Flying Cross.

	b.  Numerals, starting with 2, will be used to denote second and subsequent awards of the Air Medal.

	c.  The Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  Awards of the Army Commendation Medal may be made for acts of valor of lesser degree than required for award of the Bronze Star Medal.  These acts may involve aerial flight.

	d.  Based on his dates of service in Vietnam, Table B-1 (Campaigns, Service Requirement, and Inscriptions Prescribed for Streamers) shows he served in the:

* Vietnam Counteroffensive Campaign (25 December 1965 - 30 June 	1966)
* Vietnam Counteroffensive, Phase II Campaign (1 July 1966 - 31 May 	1967)

DISCUSSION AND CONCLUSIONS:

1.  The 22 OLCs on his DD Form 214 are not shown with any decoration.  Based on the awards listed it is reasonable to conclude they refer to the Air Medal.

2.  Orders show he was awarded the Air Medal with 22 Oak Leaf Clusters.  Orders show he was awarded two Air Medals with "V" device.  The appropriate manner in which to reflect these awards on his DD Form 214 is: Air Medal with Numeral 23 and with "V" device.

3.  Based on his service with the 162nd Aviation Company he is authorized the:

* Valorous Unit Award 
* Meritorious Unit Commendation (Army) 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 

4.  While in the Republic of Vietnam he participated in two campaigns.  Therefore, he is authorized two bronze service stars to be worn on his Vietnam Service Medal.

5.  He was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Therefore, this award should be included on his DD Form 214.

6.  The level of heroism for the award of the Air Medal with "V" device is of a higher degree than that for the award of the Army Commendation Medal with "V" device.  The act of heroism is performed while participating in aerial flight.  It is not the policy of the ABCMR to downgrade an award that was awarded by the proper authority.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ___x____  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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:  amending his DD Form 214 by:

	a.  Deleting the:

* “22 OLC” 
* Air Medal
* Air Medal with "V" device
* Air Medal (1st)
* Vietnam Service Medal

	b.  Adding the:

* Air Medal with Numeral 23 and with "V" device
* Valorous Unit Award
* Meritorious Unit Commendation (Army) 
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit 				Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

2.  The Board further determined that 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 the Army Commendation Medal with "V" device.  




      _______ _   __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)                                         AR20110021334



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110021334



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1