BOARD DATE: 16 August 2012
DOCKET NUMBER: AR20120003105
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 Unites States Report of Transfer or Discharge) to show the Army Commendation Medal and the Air Medal (First - Fourth Oak Leaf Cluster).
2. The applicant states, in effect, these awards are not listed on his DD Form 214.
3. The applicant provides his DD Form 214 and three orders.
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. The applicant's records show he enlisted in the Regular Army on 21 August 1967 and he held military occupational specialty 67N (UH-1 Helicopter Repairman). He served in Vietnam from 13 September 1968 to 27 August 1969 while assigned to the 201st Aviation Company.
3. General Orders (GO) Number 4129, dated 20 August 1969, issued by Headquarters (HQ), 1st Aviation Brigade, awarded him the Army Commendation Medal for meritorious service.
4. GO Number 4145, dated 22 August 1969, issued by HQ, 1st Aviation Brigade, awarded him the Air Medal for meritorious achievement from 22 September to 16 December 1968.
5. GO Number 4187, 25 August 1969, issued by HQ, 1st Aviation Brigade, awarded him the Air Medal (First - Fourth Oak Leaf Cluster) for meritorious achievement from 17 December 1968 to 11 July 1969.
6. He was honorably released from active duty on 20 August 1970 and transferred to the U.S. Army Reserve. He completed 3 years of creditable active service.
7. The DD Form 214 he was issued shows the:
* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal with "60" Device
* 2 overseas service bars
* Army Good Conduct Medal
8. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows award of the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).
9. Army Regulation 600-8-22 (Military Awards) states the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight. Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.
10. Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance for 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 review of his records shows that during his service in Vietnam he participated in four campaigns.
11. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows the 201st Aviation Company was cited for award of the Meritorious Unit Commendation for the period 1 July through 31 December 1968 by DAGO Number 36, dated 1970.
12. DA Pamphlet 672-3, paragraph 6d, states DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, United States Army, Vietnam and its subordinate units during the period 20 July 1965 through 28 March 1973.
DISCUSSION AND CONCLUSIONS:
1. The evidence of records show the applicant was awarded the Army Commendation Medal, Air Medal (5th Award), and the Marksman Marksmanship Qualification Badge, which are not shown on his DD Form 214. Therefore, he is entitled to correction of his DD Form 214 accordingly.
2. His record confirms he participated in four campaigns during his service in Vietnam. Therefore, he is entitled to award of four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 accordingly.
3. GO awarded his unit the Meritorious Unit Commendation and Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he was assigned to the unit; neither of which is shown on his DD Form 214. Therefore, his 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 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 amending his DD Form 214 as follows:
a. deleting the Vietnam Service Medal; and
b. adding the:
* Army Commendation Medal
* Air Medal (5th Award)
* Vietnam Service Medal with four bronze service stars
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Marksman 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) AR20120003105
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