BOARD DATE:	  3 January 2013

		DOCKET NUMBER:  AR20120010603 


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) for the period ending 29 February 1972 to show his missing awards.

2.  He states, in effect, his record was missing orders.

3.  He provides four orders, a citation, and his DD Form 214.

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 12 April 1968 and served until 2 June 1969, when he was discharged to accept a commission as an officer in the Army.  The DD Form 214 he was issued for this period of service shows he was awarded the National Defense Service Medal, Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and Army Good Conduct Medal (1st Award).

3.  On 3 June 1969, he was ordered to active duty from the U.S. Army Reserve as a commissioned officer.

4.  His record shows Headquarters, 1st Aviation Brigade issued General Orders: 
   a.  Number 8938, dated 9 September 1970, which awarded him the Air Medal (Second and Third Award) (currently listed as Numerals 2 and 3) for meritorious achievement from 22 May to 18 June 1970;
   
	b.  Number 9340, dated 21 September 1970, which awarded him the Air Medal for meritorious achievement from 5 to 7 August 1970;
   
   c.  Number 12306, dated 14 December 1970, which awarded him the Air Medal with Numeral 4 and with “V” Device for heroism on 10 August 1970;
   
   d.  Number 3052, dated 9 April 1971, which awarded him the Distinguished Flying Cross for heroism on 27 December 1970;
   
   e.  Number 4201, dated 22 May 1971, which awarded him the Distinguished Flying Cross with 1st Oak Leaf Cluster (currently listed as 2nd Award) for heroism on 21 March 1971;
   
   f.  Number 4330, dated 31 May 1971, which awarded him the Bronze Star Medal for meritorious service from May 1970 to May 1971 while he was assigned to the 162d Aviation Company; and
   
	g.  Number 4968, dated 29 June 1971, which awarded him the Air Medal with Numerals 5 through 13 for meritorious achievement from 8 August 1970 to 24 April 1971.

5.  General Orders Number 36, issued by Headquarters, 144th Combat Aviation Group, dated 2 April 1971, which awarded him the Purple Heart for wounds received on 23 October 1970.

6.  His name is listed on the Vietnam casualty roster as being wounded in action on 23 October 1970.

7.  On 29 February 1972, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.  The DD Form 214 he was issued at the time shows in:

	a.  item 24 (Decoration, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) he was awarded the Vietnam Service Medal, National Defense Service Medal, Army Aviator Badge, Air Medal (first to fourth awards) with Device, and Republic of Vietnam Campaign Medal with "1960" Device.

	b.  item 30 (Remarks) he served in Vietnam from 30 May 1970 to 25 May 1971.

8.  Army Regulation 600-8-22 (Military Awards), 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 Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following campaigns:

* Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive, Phase VII (1 July 1970 - 30 June 1971)

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for action during the period 15 December 1969 to 10 October 1970, by Department of the Army General Order (DAGO) Number 52, dated 1971. 

10.  Army Regulation 600-8-22 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.

DISCUSSION AND CONCLUSIONS:
1.  The applicant's contentions were carefully considered and determined to have merit.

2.  General orders show he was awarded the Distinguished Flying Cross (2nd Award), Air Medal with Numerals 5 through 13 and with "V" Device, Bronze Star Medal, and Purple Heart.  Therefore, he is entitled to have his DD Form 214 corrected to show these awards.  Arabic numerals are now used to depict the second or subsequent award of the Air Medal.

3.  He participated in two campaigns during his service in Vietnam which entitles him to two bronze service stars for wear on his already-awarded Vietnam Service Medal.  Therefore, he is entitled to have his DD Form 214 corrected to show these bronze service stars.

4.  DAGO awarded his Vietnam unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show this citation.

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 the Vietnam Service Medal and Air Medal (first to fourth award) with Device from item 24 of his DD Form 214 for the period ending 29 February 1972.

	b.  adding the Distinguished Flying Cross (2nd Award), Bronze Star Medal, Purple Heart, Air Medal with Numeral 13 and with "V" Device, Vietnam Service Medal with two bronze service stars, and Republic of Vietnam Gallantry Cross with Palm Unit Citation to item 24 of his DD Form 214 for the period ending       29 February 1972.  

      
      
      
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               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)                                         AR20120010603





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ABCMR Record of Proceedings (cont)                                         AR20120010603



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