IN THE CASE OF:	  

		BOARD DATE:	  15 May 2012

		DOCKET NUMBER:  AR20110022677 


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 award of the Air Medal with 13th oak leaf cluster.

2.  The applicant states he did not notice the error until he received a letter from the National Personnel Records Center (NPRC) that stated he received the Air Medal with 1 bronze oak leaf cluster and 1 silver oak leaf cluster.

3.  The applicant provides:

* Two Air Medal certificates, dated 8 May and 25 July 1967
* DD Form 214
* DA Form 1577 (Authorization for Issuance of Awards), dated 14 April 1975
* NPRC letter, dated 5 October 2011
* General Orders Number 3786, issued by Headquarters, U.S. Army Vietnam, dated 25 July 1967
* DA Form 20 (Enlisted Qualification Record)

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 are not available for review.  A fire destroyed approximately 18 million service members’ records at the NPRC in 1973.  It is believed that the applicant’s records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record and documents provided by the applicant to conduct a fair and impartial review of this case.

3.  The applicant enlisted in the Regular Army on 31 August 1964 for a period of
4 years.  He completed training and he was awarded military occupational specialty 05D (special identification operator).  The highest rank/grade he attained while serving on active duty was specialist five (SP5)/E-5.

4.  His DA Form 20 shows in:

	a.  item 29 (Qualification in Arms) he qualified expert with the M-14 rifle in October 1967.

	b.  item 38 (Record of Assignments) he was assigned in Vietnam to the:

* 224th Aviation Battalion from 13 July through 12 September 1966
* 138th Aviation Company, 224th Aviation Battalion from 13 September 1966 through 8 July 1967

	c.  item 41 (Awards and Decorations) the:

* Air Medal (6th oak leaf cluster)
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* 2 Overseas Service Bars
* Army Good Conduct Medal (1st Award)
* Meritorious Unit Commendation


5.  On 30 August 1968, he was honorably released from active duty at the expiration of his term of service and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  Item 24 of his DD Form 214 shows the:

* National Defense Service Medal
* Army Good Conduct Medal

6.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, revealed General Orders Number 3786, dated
25 July 1967, that awarded the applicant the Air Medal (seventh through thirteenth oak leaf clusters).

7.  He provides a certificate showing he was awarded the Air Medal for meritorious achievement while participating in sustained aerial flight in support of combat ground forces in the Republic of Vietnam during the period 24 October through 28 November 1966 and another certificate showing he was awarded the Air Medal (first through thirteenth oak leaf clusters) for the period 30 November 1966 through 26 June 1967.

8.  He also provides a DA Form 1577, dated 14 April 1975, that shows The Adjutant General of the Army directed the following awards be issued to the applicant:

* Air Medal with numeral 6
* Army Good Conduct Medal
* Meritorious Unit Emblem (now known as the Meritorious Unit Commendation)
* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

9.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It states:


	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.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  It further states Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The numeral 2 denotes the second award of the Air Medal.

	b.  the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  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, the applicant participated in the following two campaigns:

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

	c.  the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

10.  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 138th Aviation Company, the unit to which the applicant was assigned, was cited for award of the:

* Meritorious Unit Commendation for the period 1 June 1966 through 30 April 1967 by Department of the Army General Orders (DAGO) Number 1, dated 1969
* Navy Unit Commendation for the period 1 May 1967 through 31 July 1969 by DAGO Number 50, dated 1971

11.  Department of the Army Pamphlet 672-3, paragraph 6d states that Department of the Army General Orders Number 8, dated 1974, announced 


award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period
20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Air Medal with 13th oak leaf cluster.  Arabic numerals are now used in lieu of oak leaf clusters with Numeral 2 denoting the second award.  Therefore, he is entitled to the Air Medal with
Numeral 14 and correction of his DD Form 214 to show this award.

2.  The applicant served during a qualifying period of service in Vietnam and participated during two campaigns.  Therefore, he is entitled to the Vietnam Service Medal with two bronze service stars and correction of his DD Form 214 to show this award.

3.  The applicant served during a qualifying period of service in Vietnam for the Republic of Vietnam Campaign Medal with Device (1960).  Therefore his
DD Form 214 should be corrected to show this award.

4.  The applicant's unit in Vietnam was cited for award of the Meritorious Unit Commendation and the Navy Unit Commendation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.

5.  All units in Vietnam were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service in Vietnam.  Therefore, his DD Form 214 should be corrected to show this unit award.

6.  Available records show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, his DD Form 214 should be corrected to show this qualification badge.

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
adding to item 24 of his DD Form 214 the:

* Air Medal with Numeral 14
* Meritorious Unit Commendation
* Navy Unit Commendation
* Vietnam Service Medal with 2 bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)



      ___________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)                                         AR20110022677



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ABCMR Record of Proceedings (cont)                                         AR20110022677



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