BOARD DATE:	  6 November 2012

		DOCKET NUMBER:  AR20120007642 


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, through a member of Congress, 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 8 oak leaf clusters
* a copy of his separation physical examination from 1967
* update of his DA Form 759 (Individual Flight Record – Army Aviator)
* award of the Silver Star for being injured in a helicopter crash in March 1966
* any other awards he is entitled to

2.  The applicant states:

* he noted several inconsistencies in his military records and until now, they were an irritation, but now they are much more than that
* he received the Air Medal with 4 oak leaf clusters, but his record shows award of 8 oak leaf clusters
* his DA Form 759 only goes through April 1966 while his Air Medals go into August 1966
* he has hearing loss that may have been caused by cannon, machinegun fire, mortar, rifles, and pistols
* he was told his departure physical stated testing showed no loss; however, he does not remember this and it is not part of his personal records
* he was injured in a helicopter crash on 1 March 1966 and he received the Purple Heart, but he was told he had been put in for the Silver Star
* he received a Certificate of Achievement and is not sure if this is something that should go on his DD Form 214
* he wants his DD Form 214 updated with any other medals, to include any other medals out of the 1 March 1966 helicopter crash
* he requests copies of his separation physical examination and an updated DD Form 214 and DA Form 759

3.  The applicant provides:

* a self-authored statements
* DD Form 214
* DA Form 759 (period unspecified)
* Air Medal citations for the fifth through eighth oak leaf clusters
* an unidentified Certificate of Achievement

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 requested a copy of his separation physical examination.  The ABCMR is neither a records repository nor custodian of military records.  The applicant is advised that requests for documents from his Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File (OMPF), should be forwarded to the National Personnel Records Center (NPRC) (Military Personnel Records), 1 Archives Drive, St. Louis, MO  63138-1002.  Requests to the NPRC may be submitted online through the eVetRecs system at http://www.archives.gov/veterans/military-service-records/standard-form-180.html or via mail or fax (314-801-9195) by letter or completing a Standard Form 180 (Request Pertaining to Military Records), which is available


for download at the same website.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

3.  The applicant enlisted in the Regular Army on 16 June 1964.  He completed training and he was awarded military occupational specialty 11B (light weapons infantryman).

4.  Special Orders Number 116, issued by Headquarters, 1st Training Regiment, U.S. Army Training Center - Infantry, Fort Gordon, GA, dated 11 August 1964, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1).

5.  Special Orders Number 153, issued by Headquarters, 3rd Training Regiment, U.S. Army Training Center - Infantry, Fort Gordon, dated 12 October 1964, awarded the applicant the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (M-14).

6.  Special Orders Number 157, issued by the same headquarters, dated
27 October 1964, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60).

7.  Records show the applicant served in Vietnam from 25 November 1965 through 3 December 1966, while assigned to the 48th Aviation Company,
1st Aviation Brigade.

8.  On 15 June 1967, the applicant 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 service obligation.  He completed 3 years of total active service.  The DD Form 214 he was issued at the time shows he was awarded the:

* Purple Heart
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* National Defense Service Medal
* Crewmember Badge
* Army Good Conduct Medal
* Air Medal with four oak leaf clusters

9.  The applicant's record contains the following orders that were issued by the
1st Aviation Brigade awarding him the Air Medal (fifth through eighth oak leaf cluster).  An oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Air Medal.  The eighth oak leaf cluster denoted the ninth award.

* General Orders Number 1189, dated 26 November 1966, awarding him the Air Medal (fifth oak leaf cluster) for the period 15 - 25 March 1966
* General Orders Number 1110, dated 25 November 1966, awarding him the Air Medal (sixth oak leaf cluster) for the period 28 March - 16 April 1966
* General Orders Number 1277, dated 28 November 1966, awarding him the Air Medal (seventh oak leaf cluster) for the period 17 - 1 May 1966
* General Orders Number 1344, dated 29 November 1966, awarding him the Air Medal (eighth oak leaf cluster) for the period 6 May - 7 June 1966

10.  The applicant provides a U.S. Army Vietnam Certificate of Achievement in recognition of meritorious performance of duty.  However, this certificate neither bears the name of the recipient nor the inclusive period of service for which being recognized.

11.  The applicant provides a DA Form 759 that shows 122 submitted flying hours for the following periods:

* January 1966, 47.2 flying hours
* February 1966, 83.2 flying hours
* March 1966, 72.3 flying hours
* April 1966, 58.3 flying hours

12.  Review of the applicant's AMHRR failed to show any additional flight records.

13.  There is no evidence of record and the applicant did not provide any evidence that shows he was recommended for or awarded the Silver Star.

14.  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 United States Army Human Resources Command, failed to reveal any orders for the Silver Star pertaining to the applicant.

15.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations.  It states:


	a.  The Silver Star is awarded for gallantry in action against the enemy.  The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  Paragraph 2-13 contains the regulatory guidance on the Vietnam Service Medal.  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 three campaigns:

* Vietnam Defense Campaign (8 March - 24 December 1965)
* Vietnam Counteroffensive (25 December 1965 - 30 June 1966)
* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)

	c.  Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The ribbon denotes the first award and numerals starting with the numeral 2 denote the number of additional awards.

16.  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 the 48th Aviation Company, 1st Aviation Brigade, was cited for award of the:

* Valorous Unit Award for the period 1 through 20 June 1966 by Department of the Army General Order Number 21, dated 1978
* Meritorious Unit Commendation for the period December 1965 through September 1966 by DAGO Number 17, dated 1968
* Meritorious Unit Commendation for the period 5 September 1966 through 31 March 1967 by DAGO Number 17, dated 1968
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March 1966 through 26 March 1967

17.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that awards and decorations for all periods of service specified in Army Regulation 600-8-22 will be entered on the DD Form 214.  It further gives the order of precedence for awards and decorations.  Only decorations, medals, and 


ribbons are listed.  Certificates of achievement, letters of appreciation, and similar documents are not listed.

18.  Title 10, U.S. Code, section 1130 provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

19.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to the Secretary of the Army at the following agency:  Commander, U.S. Army Human Resources Command, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122.  The applicant's unit must be clearly identified, along with the period of assignment and the award being recommended.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Corroborating evidence is best provided by commanders, leaders and fellow Soldiers who had personal knowledge of the circumstances and events relative to the request.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show the Air Medal with eight oak leaf clusters, an updated DA Form 759, and any additional awards and decorations he is entitled to was carefully considered.

2.  General orders awarded the applicant the Air Medal (eighth oak leaf cluster).  Oak leaf clusters were subsequently replaced by numerals.  Therefore, his
DD Form 214 should be corrected to show the Air Medal with Numeral 9.

3.  Records show he participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

4.  His unit was cited for award of the Valorous Unit Award, two awards of the Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his service in Vietnam.  Therefore, his
DD Form 214 should be corrected to show these unit awards.

5.  Special orders awarded the applicant the following the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1), Marksmanship Qualification Badge with Automatic Rifle Bar (M-14), and the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60).  Therefore, his DD Form 214 should be corrected to show these weapons qualification badges.

6.  Regarding his request for an updated DA Form 759, although he was awarded the Air Medal with eight oak leaf clusters for the period 6 May to 7 June 1966, his AMHRR is void of additional documentation showing the exact number of flying hours he completed after April 1966.  As such, there is insufficient evidence on which to update his DA Form 759.

7.  The applicant provides a Certificate of Achievement for inclusion on his
DD Form 214; however, the name of the recipient and the period for which being recognized is blank.  Regardless, certificates of achievement, letters of appreciation, and similar documents are not listed in Army Regulation 600-8-22 and not authorized for entry on the DD Form 214.  Therefore, there is no basis for granting this portion of his request.

8.  The evidence of record does not show and he did not provide any evidence that shows he was recommended for or awarded the Silver Star.  Therefore, there is an insufficient evidentiary basis for granting this portion of his request.

9.  While the available evidence is insufficient for awarding the applicant the Silver Star, this in no way affects the applicant’s right to pursue his claim for the Silver Star by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__x______  ___x_____  __x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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:

	a.  deleting from his DD Form 214 the Air Medal (4th oak leaf cluster) and the Vietnam Service Medal, and

	b.  adding to his DD Form 214 the:

* Air Medal with Numeral 9
* Vietnam Service Medal with 3 bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Valorous Unit Award
* Meritorious Unit Commendation (2nd Award)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1)
* Marksmanship Qualification Badge with Automatic Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60)

2.  The Board further determined that 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 an updated DA Form 759, adding his Certificate of Achievement to his DD Form 214, and award of the Silver Star.



      __________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)                                         AR20120007642



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ABCMR Record of Proceedings (cont)                                         AR20120007642



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