IN THE CASE OF:
BOARD DATE: 7 August 2012
DOCKET NUMBER: AR20120002159
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 Legion of Merit and Air Medal (Eighth through Fifty Eighth Awards) (currently known as the Air Medal with Numeral 58) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 July 1981.
2. The applicant states:
* These awards were omitted from his DD Form 214
* He signed the DD Form 214 three days before he received the retirement award
* He received the Air Medals six years after his Vietnam service
3. The applicant provides:
* Award certificate for the Legion of Merit and Air Medal (Eighth through Fifty-Eighth Awards)
* Citation for the Air Medal (Eighth through Fifty-Eighth Awards)
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. Having prior enlisted service in the Regular Army, the applicant was appointed a warrant officer one on 5 February 1965. He served as a helicopter pilot in Vietnam from 25 May 1966 to 22 May 1967 and from 11 March 1969 to
7 March 1970. He retired on 31 July 1981 in the rank of chief warrant officer four.
3. His DD Form 214 for the period ending 31 July 1981 shows the:
* Good Conduct Medal
* Army Aviator Badge
* Vietnam Service Medal
* National Defense Service Medal
* Air Medal with "V" Device (Seventh Oak Leaf Cluster)
* Republic of Vietnam Campaign Medal with Device (1960)
* Bronze Star Medal (First Oak Leaf Cluster)
* Senior Army Aviator Badge
* Army Commendation Medal (First Oak Leaf Cluster)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Meritorious Unit Commendation (2nd Award)
* Distinguished Flying Cross
* Humanitarian Service Medal
* Master Aviator Badge
4. Undated Letter Orders show he received the Air Medal (Eighth through Fifty-Eighth Awards) for the period 17 March 1969 to 2 March 1970.
5. Permanent Orders 97-29, dated 27 July 1981, show he received the Legion of Merit for the period 5 June 1978 to 31 July 1981.
6. Records show he participated in five campaigns during his assignments in Vietnam.
7. Army Regulation 600-8-22 (Military Awards) 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.
8. Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal. A silver service star is authorized in lieu of five bronze service stars.
DISCUSSION AND CONCLUSIONS:
1. Permanent orders show the applicant received the Legion of Merit. His DD Form 214 for the period ending 31 July 1981 should be corrected to show this award.
2. Letter orders show he received 58 awards of the Air Medal. His DD Form 214 for the period ending 31 July 1981 should be corrected to show the Air Medal with Numeral 58.
3. He participated in five campaigns during his assignment in Vietnam which entitles him to the Vietnam Service Medal with one silver service star. His DD Form 214 for the period ending 31 July 1981 should be corrected to show this award.
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 entries "VIETNAM SERVICE MEDAL" and "AIR MEDAL W/"V" DEVICE (7TH OAK LEAF CLUSTER)" from his DD Form 214 for the period ending 31 July 1981; and
b. adding the Legion of Merit, Air Medal with "V" Device with Numeral 58, and Vietnam Service Medal with one silver service star to this DD Form 214.
_______ _ _______ ___
CHAIRPExRSON
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) AR20120002159
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120002159
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