BOARD DATE:	  21 June 2012

		DOCKET NUMBER:  AR20120001677 


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:

* Air Medal with "V" Device
* Bronze Star Medal with "V" Device

2.  The applicant states the awards were left off his DD Form 214.

3.  The applicant provides:

* General Orders (GO), certificate, and citation for the Air Medal with "V" Device
* HO, certificate, and citation for the Bronze Star Medal with "V" Device

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 29 June 1968 and he held military occupational specialties 67N (UH-1 Helicopter Repairman).

3.  Special Orders (SO) Number 287, issued by the U.S. Army Aviation Center on 25 October 1968 awarded him the Aircraft Crewman Badge.

4.  Item 29 (Qualification in Arms) of his DA Form 20 (Enlisted Qualification record) shows he was awarded the:

* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Pistol Bar (.38 Caliber)

5.  He served in Vietnam with Company A, 227th Aviation Battalion, from 19 December 1968 to 18 December 1969.  During and/or in connection with this period of service, Headquarters, 1st Cavalry Division published the following GO, awarding him the below awards:

* GO Number 1744, on 11 February 1969, the Air Medal for achievement in January 1969
* GO Number 10917, on 8 September 1967, awarding him the Bronze Star Medal with "V" Device for heroism on 29 August 1969
* GO Number 13677, on 2 November 1969, awarding him the Bronze Star Medal for service 
* GO Number 16615, on 26 December 1969, awarding him the Air Medal with "V" Device for heroism on 1 October 1969
* GO Number 3967, on 18 March 1970, awarding him the Air Medal (1st through 32nd Oak Leaf Cluster) for achievement from January to October 1969

6.  He was honorably released from active duty in the rank/grade of specialist five/E-5 on 28 June 1971.  His DD Form 214 shows the:

* National Defense Service Medal
* Bronze Star Medal
* Air Medal
* Vietnam Campaign Medal
* Army Good Conduct Medal

7.  Army Regulation 600-8-22 (Military Awards) states 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.

8.  Appendix B shows that during his service in Vietnam participation credit was awarded for the below named campaigns.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign:

* Vietnam Counteroffensive Phase VI, 2 November 1968 - 22 February 1969
* Tet 69/Counteroffensive, 23 February - 8 June 1969
* Vietnam Summer - Fall 1969, 9 June - 31 October 1969
* Vietnam Winter - Spring 1970, 1 November 1969 - 30 April 1970

9.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during his period of service in Vietnam with Company A, 227th Aviation Battalion, this unit was awarded the:

* Valorous Unit Award, for action on 6 March 1969, based on DAGO Number 39, dated 1970
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 9 August 1965 to 19 May 1969 based on DAGO Number 59, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from May 1969 to February 1970 based on DAGO Number 11, dated 1973
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 1 January 1969 to 1 February 1970 based on DAGO Number 39, dated 1970

10.  DA Pamphlet 672-3 states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  However, in the case of duplicate awards covering the same period of time only one award will be recorded in official military and historical records.

DISCUSSION AND CONCLUSIONS:

1.  SO awarded him the Aircraft Crewman Badge, Expert Marksmanship Qualification Badge with Rifle Bar (M-14), Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and Marksman Marksmanship Qualification Badge with Pistol Bar (.38 Caliber), none of which is shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these badges.

2.  GO awarded him two awards of the Bronze Star Medal, one of which for valor. His DD Form 214 inadvertently omitted his valor award.  Therefore, he is entitled to correction of his DD Form 214 to show two awards of the Bronze Star Medal.

3.  The applicant served a qualifying period for award of the Vietnam Service Medal.  He also participated in four campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show the Vietnam Service Medal with four bronze service stars.

4.  GO awarded him the Army Good Conduct Medal (1st Award) which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

5.  GO awarded him 33 awards of the Air Medal, one of which with a "V" Device; therefore, he is entitled to correction of his DD Form 214 to show these awards. 

6.  GO awarded his unit in Vietnam the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award), Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of 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 deleting from his DD Form 214 Bronze Star Medal and Air Medal and adding to his DD Form 214 the:

* Aircraft Crewman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Pistol Bar (.38 Caliber)
* Bronze Star Medal (2nd Award) and "V" Device
* Vietnam Service Medal with four bronze service stars
* Army Good Conduct Medal (1st Award)
* Air Medal (33rd Award) and "V" Device
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation



      _______ _  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)                                         AR20120001677



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ABCMR Record of Proceedings (cont)                                         AR20120001677



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