IN THE CASE OF:	   

		BOARD DATE:	  4 January 2013

		DOCKET NUMBER:  AR20120010476 


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 (Certificate of Release or Discharge from Active Duty) to show award of the Air Medal with oak leaf clusters.

2.  The applicant states his Air Medal and oak leaf clusters were not listed on his DD Form 214.

3.  The applicant provides no additional evidence.

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.  On 29 August 1967, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty 67N (Single Rotor Turbine Helicopter Mechanic).

3.  Special Orders Number 277, U.S. Army Training Center, Infantry, Fort Lewis, Washington, dated 13 October 1967, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

4.  On 6 April 1968, the applicant departed Fort Benning, Georgia, for duty in the Republic of Vietnam (RVN).

	a.  He was assigned as a helicopter repairman on 4 May 1968 to the 605th Transportation Detachment.

	b.  General Orders Number 5817, 1st Aviation Brigade, dated 21 August 1968, announced award of the Air Medal to the applicant for his meritorious achievement during the period 16 to 24 July 1968.

	c.  He was reassigned on 23 September 1968 to the 190th Assault Helicopter Company.

	d.  He departed the RVN on 27 April 1969 for duty in the United States.

5.  On 20 August 1970, the applicant was released from active duty.  He attained the rank of specialist five/pay grade E-5 and completed 2 years, 11 months, and 22 days of creditable active duty service.

6.  The applicant's DD Form 214 lists his awards as the:

* Army Good Conduct Medal
* Parachutist Badge
* National Defense Service Medal
* Aircraft Crewman Badge
* Vietnam Service Medal

7.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) failed to reveal any orders awarding the applicant more than one Air Medal.  ADCARS is 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.


8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly, for example personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Second and subsequent awards of the Air Medal are each denoted by an oak leaf cluster.  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.

	b.  The RVN Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

	c.  Appendix B shows that based on the applicant's dates of service in the RVN, participation credit was awarded for the following four campaigns:  Vietnam Counteroffensive Phase IV, Vietnam Counteroffensive Phase V, Vietnam Counteroffensive Phase VI, and Tet 69 Counteroffensive 1969.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam.  This pamphlet shows the 605th Transportation Detachment was cited in Department of the Army General Orders (DAGO) Number 48, dated 1969, for award of the Meritorious Unit Commendation during the time of the applicant's assignment.

10.  DAGO Number 8, dated 1974, awarded the RVN Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.



DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Air Medal with oak leaf clusters.

2.  General orders clearly show the applicant was awarded the Air Medal for meritorious achievement.  However, there is no available evidence showing he was awarded any additional Air Medals.  Therefore, his DD Form 214 should be corrected to show only one award of the Air Medal.

3.  Records show the applicant participated in four campaigns during his service in the RVN.  Therefore, he is eligible for award of four bronze service stars to be affixed to his already-awarded Vietnam Service Medal and to correction of his DD Form 214 to show these service stars.

4.  The applicant’s unit was cited in general orders for award of the Meritorious Unit Commendation and RVN Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show these unit awards.

5.  Records show the applicant served during a qualifying period for award of the RVN Campaign Medal with Device (1960).  Therefore, his DD Form 214 should be corrected to show this award.

6.  Special orders show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Therefore, his DD Form 214 should be corrected to show this badge.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ____x___  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION







BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 the Vietnam Service Medal from his DD Form 214 and

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

* Air Medal
* Vietnam Service Medal with four bronze service stars
* RVN Campaign Medal with Device (1960)
* Meritorious Unit Commendation
* RVN Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
2.  The Board further determined 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 award of more than one Air Medal.




____________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)                                         AR20120010476



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ABCMR Record of Proceedings (cont)                                         AR20120010476



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