IN THE CASE OF:	  

		BOARD DATE:  14 June 2012

		DOCKET NUMBER:  AR20110023659 


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:

* Distinguished Flying Cross with 2nd Oak Leaf Cluster
* Army Good Conduct Medal (1st Award)
* Air Medal (25th-51st Award)
* Air Medal with "V" Device (52nd-53rd Award)
* Republic of Vietnam Gallantry Cross with Gold Star
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Pistol Bar (.38 caliber)
* Army Aviation Broken Wing Award
* Purple Heart

2.  The applicant states these awards are not shown on his DD Form 214.  He lost the orders for his Purple Heart but is attaching the casualty report instead.

3.  The applicant provides:

* two DD Forms 214
* six orders
* two letters
* U.S. Army Vietnam (USARV) Form 130-R (U.S. Army Casualty Report)
* three Western Union Telegrams

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 records show he enlisted in the Regular Army on 14 October 1968.

3.  Headquarters (HQ), U.S. Army Training Center, Fort Polk, LA, Special Orders Number 304, dated 2 December 1968, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  HQ, U.S. Army Aviation School, Fort Rucker, AL, Special Orders Number 232, dated 10 September 1969, awarded him the Expert Marksmanship Qualification Badge with Pistol Bar (.38 caliber).

5.  HQ, U.S. Army Aviation School, General Orders (GO) Number 86, dated 3 October 1969, awarded him the Army Good Conduct Medal (1st Award).

6.  He was discharged on 2 November 1969 in the rank of specialist five for the purpose of accepting an appointment as a warrant officer (WO).  He completed 1 year and 19 days of creditable active service during this period.  His DD Form 214 for this period shows award of the National Defense Service Medal.

7.  He was appointed as a Reserve WO and executed an oath of office on 3 November 1969.  He held military occupational specialty 100B (Utility/Observation Helicopter Pilot).

8.  He served in Vietnam from 3 March to 3 October 1970 while assigned to Troop A, 3rd Squadron, 17th Cavalry, 1st Aviation Brigade.

9.  HQ, 1st Aviation Brigade, GO Number 2258, dated 9 April 1970, awarded him the Air Medal for the period 10 to 15 March 1970.

10.  HQ, 1st Aviation Brigade, GO Number 7112, dated 21 July 1970, awarded him the Air Medal with "V" Device (2nd Award) for heroism in action on 13 March 1970.

11.  He was wounded in action on 17 September 1970 and incurred burns on his right knee and arm, a fractured right wrist, and a fractured spine.  He was hospitalized, subsequently medically evacuated, and assigned to the military hospital at Fort Gordon, GA, as a patient on 12 October 1970.

12.  HQ, 1st Aviation Brigade, GO Number 10407, dated 22 October 1970, awarded him the Distinguished Flying Cross for heroism in action while participating in aerial flight on 17 September 1970.

13.  HQ, 1st Aviation Brigade, GO Number 10464, dated 24 October 1970, awarded him the Air Medal (3rd-24th Award) for the period 15 March to 16 September 1970.

14.  He again served in Vietnam as follows:

* 21 November 1971-12 August 1972 while assigned to Battery F, 79th Artillery (Aerial Rocket Artillery), 3rd Brigade (Separate), 1st Cavalry Division
* 16 August-14 November 1972 while assigned to the 57th Assault Helicopter Company, 17th Aviation Group

15.  HQ, 3rd Brigade, 1st Cavalry Division, GO Number 331, dated 9 February 1972, awarded him the Air Medal with "V" Device for heroism in action on 8 December 1971.

16.  HQ, USARV Support Command, GO Number 1504, dated 4 July 1972, awarded him the Distinguished Flying Cross for exceptionally meritorious achievement while participating in aerial flight on 8 April 1972.

17.  HQ, USARV Support Command, GO Number 1944, dated 21 August 1972, awarded him the Air Medal with "V" Device for heroism in action on 11 May 1972.

18.  HQ, USARV, letter, dated 14 November 1972, authorized him to accept and wear the Republic of Vietnam Gallantry Cross with Gold Star that was presented to him by the Government of Vietnam.

19.  HQ, 1st Aviation Brigade, GO Number 3710, dated 7 December 1972, awarded him the Air Medal (25th-51st Award) for the period 25 November 1971 to 30 October 1972.

20.  His record contains a U.S. Army Agency for Aviation Safety certificate, undated, presenting him with the Army Aviation Broken Wing Award for his actions in Vietnam on 2 July 1972.

21.  He was honorably released from active duty on 31 July 1973 and assigned to the U.S. Army Reserve Control Group (Standby).  He completed 3 years, 7 months, and 28 days of creditable active service during this period.

22.  His DD Form 214 for this period shows award of the:

* National Defense Service Medal
* Republic of Vietnam Campaign Medal
* Vietnam Service Medal
* Army Commendation Medal
* Bronze Star Medal
* Army Aviator Badge
* Air Medal with "V" Device (2nd Award)
* Distinguished Flying Cross
* Air Medal (3rd-24th Award)

23.  There are no orders in his records showing award of the Purple Heart.  Item 21 (Awards and Decorations) of his DA Form 66 (Officer Qualification Record) does not show the Purple Heart.

24.  Item 23 (Qualification in Arms) of his DA Form 66 shows the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

25.  A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal orders for the Purple Heart pertaining to the applicant.

26.  A review of his records shows entitlement to additional awards.

27.  Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance on 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.  A silver service star is authorized in lieu of five bronze service stars.  Appendix B shows that during his two tours of duty in Vietnam, participation credit was awarded for six campaigns.

28.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that at the time of his assignment to Troop A, 3rd Squadron, 17th Cavalry, this unit was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 January through 5 April 1970 by Department of the Army General Orders (DAGO) Number 52, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 May 1969 through 15 May 1979 by DAGO Number 55, dated 1971

29.  Army Regulation 600-8-22 states the bronze "V" device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze "V" device in conjunction with awards of the Army Commendation Medal, Air Medal, and Bronze Star Medal.  Although more than one award of the Army Commendation Medal, Air Medal, or Bronze Star Medal may be made for heroism to the same person, only one "V" device may be worn on awards of the Army Commendation Medal, Air Medal, or Bronze Star Medal.

30.  Army Regulation 600-8-22 provides for the issuance of certificates of achievement.  It states that commanders may recognize periods of faithful service, acts, or achievements which do not meet the standards required for decorations by issuing a DA Form 2442 (Certificate of Achievement) or a certificate of achievement of local design.  Certificates will be issued under such regulations as the local commander may prescribe.  If a locally-designed certificate is printed for use according to this regulation, it may bear reproductions of insignia.  The citation on such certificates will not be worded so that the act or service performed appears to warrant the award of a decoration.  No distinguishing device is authorized for wear to indicate the receipt of a certificate of achievement and there is no provision to list a certificate of achievement on the DD Form 214.  Copies of certificates of achievement or memoranda of record stating that a certificate of achievement has been awarded and citing the service recognized will be filed in the Soldier's official military personnel file (OMPF).

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant was wounded in action in Vietnam on 17 September 1970.  Therefore, he is entitled to award of the Purple Heart and correction of his DD Form 214 to show this award.

2.  GO awarded him the Army Good Conduct Medal (1st Award); two awards of the Distinguished Flying Cross; and 53 awards of the Air Medal, three of which were the Air Medal with "V" Device.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.  Although three of his Air Medals were awarded with the "V" Device, only one "V" Device may be worn on the Air Medal.

3.  His record confirms he participated in six campaigns while serving in Vietnam.  Therefore, he is authorized one silver service star and one bronze service star for wear on his already-awarded Vietnam Service Medal and is entitled to correction of his DD Form 214 to show these service stars.

4.  He was awarded the Expert Marksmanship Qualification Badge with Automatic Rifle Bar (M-16) and Pistol Bar (.38 caliber) and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, he is entitled to correction of his DD Form 214 t show these badges.

5.  He was awarded the Republic of Vietnam Gallantry Cross with Gold Star and was authorized to accept and wear this award.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

6.  DAGO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he was assigned to the unit.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

7.  With respect to the Army Aviation Broken Wing Award, as the regulation states, commanders may recognize acts, achievements, or periods of faithful service which do not meet the standards required for decorations by issuing a DA Form 2442 or a certificate of local design.  Although copies of certificates or memoranda of record stating that a certificate has been awarded are filed in the OMPF, there is no distinguishing device authorized for wear to indicate receipt of a certificate of achievement and there is no provision to list a certificate of achievement on the DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X__ _  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

* deleting the following awards from his DD Form 214 for the period ending 31 July 1973 –

* Distinguished Flying Cross
* Air Medal (2nd Award) with "V" Device
* Air Medal (3rd-24th Award)
* Vietnam Service Medal

* adding the following awards to his DD Form 214 for the period ending 31 July 1973 –

* Distinguished Flying Cross (2nd Award)
* Purple Heart
* Air Medal (53rd Award) with "V" Device
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one silver service star and one bronze service star
* Republic of Vietnam Gallantry Cross with Gold Star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Automatic Rifle Bar 
(M-16) and Pistol Bar (.38 caliber)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

2.  The Board further determined 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 a third award of the Distinguished Flying Cross and the Army Aviation Broken Wing 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)                                         AR20110023659



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ABCMR Record of Proceedings (cont)                                         AR20110023659



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