IN THE CASE OF:	  

		BOARD DATE:	    25 October 2012

		DOCKET NUMBER:  AR20120008213 


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 the following awards:

* Air Medal (21st Oak Leaf Cluster)
* Army Commendation Medal with "V" Device (1st Oak Leaf Cluster)
* Republic of Vietnam Gallantry Cross with bronze star

2.  The applicant states he earned the awards and he wants his records to reflect the correct information of his service.

3.  The applicant provides a one-page spreadsheet.

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 enlisted in the Regular Army on 24 July 1964.  He completed basic combat and advanced individual training and he was awarded military occupational specialty 67N (Single Rotor Turbine Helicopter Mechanic).  The highest rank/grade he attained during this period of service was specialist five/
E-5.  He served in the Republic of Vietnam from 5 May 1966 to 3 May 1967 and was assigned to the 114th Aviation Company.

3.  General Orders Number 2435 issued by Headquarters, 1st Aviation Brigade, dated 10 June 1967, awarded him the Army Commendation Medal with "V" Device (1st Oak Leaf Cluster) for heroism while engaged in aerial flight on 26 January 1967.

4.  General Orders Number 2762 issued by Headquarters, 1st Aviation Brigade, dated 20 June 1967, awarded him the Air Medal (15th through 21st Oak Leaf Cluster) for the period 10 January 1967 to 13 April 1967.

5.  General Orders Number 12 issued by Headquarters, 13th Combat Aviation (Delta) Battalion, dated 29 March 1967, awarded him the Army Good Conduct Medal (1st Award) for the period 24 July 1964 through 23 July 1967.

6.  The applicant's record contains Republic of Vietnam Armed Forces, IV Corps Area, Commanding General Tein-Giang Tactical Zone, Staff Adjutant General, Official Order Number 38/KCTTG/TQT/HCATDM/66 which awarded the applicant the Republic of Vietnam Gallantry Cross with Bronze Star as an individual award for his actions during military operations against a hostile force in the Republic of Vietnam on 11 December 1966.  Headquarters, U.S. Army Vietnam, memorandum, dated 18 June 1967, authorized the applicant to accept and wear this individual foreign award.

7.  He was honorably released from active duty on 7 May 1967 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Republic of Vietnam Campaign Medal with Device (1960)
* Aircraft Crewman Badge
* Air Medal (14th Oak Leaf Cluster)

8.  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.

9.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Republic of Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in the Republic of Vietnam, participation credit was awarded for the following campaigns:

* Vietnam Counteroffensive
* Vietnam Counteroffensive Phase II

10.  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 14th Aviation Company, the unit to which the applicant was assigned, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March 1966 through 26 March 1967 in Department of the Army General Orders Number 22, dated 1968.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the Army Commendation Medal with "V" Device (1st Oak Leaf Cluster), Air Medal (21st Oak Leaf Cluster), and Army Good Conduct Medal (1st Award).  Therefore, he is entitled to correction of his DD Form 214 to show these awards.  Arabic numerals are now used in lieu of oak leaf clusters for the Air Medal with Numeral 2 denoting the second award.

2.  The evidence shows the applicant was authorized to accept and wear the Republic of Vietnam Gallantry Cross with Bronze Star which was awarded to him by the Republic of Vietnam.  Therefore, he is entitled to have his records corrected to show this individual foreign award.

3.  The applicant's unit in the Republic of Vietnam was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit citation.

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



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: 

	a.  deleting award of the Vietnam Service Medal from his DD Form 214 and

	b.  adding the following awards to his DD Form 214:

* Air Medal with Numeral 22
* Army Commendation Medal with "V" Device (2nd Award)
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Bronze Star
* Republic of Vietnam Gallantry Cross with Palm 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)                                         AR20120008213



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ABCMR Record of Proceedings (cont)                                         AR20120008213



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