IN THE CASE OF:	  

		BOARD DATE:	  5 February 2013

		DOCKET NUMBER:  AR20120012608 


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 corrections to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending
26 December 1970 to show in:

* Item 20 (Place of Entry Into Current Active Service (City and State) the entry Fort Rucker, AL instead of Fort Tucker, AL
* Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) the addition of the:

* Vietnam Service Medal with one silver service star
* Army Commendation Medal with 3rd Oak Leaf Cluster (OLC)
* Air Medal with 37th OLC and with "V" Device
* Republic of Vietnam Gallantry Cross with Bronze Star
* Army Good Conduct Medal (1st Award)
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
(3rd Award)

2.  He states:

	a.  Item 20 should read Fort Rucker, AL, and this was an apparent typographical error.   Additionally, he should have been awarded the 37th OLC on his Air Medal for 1,348 combat flying hours.

	b.  The addition of the Army Good Conduct Medal was an oversight at the time.  The unit citations of the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation (3rd Award) were not known at the time.

3.  He provides a copy of his DD Form 214 for the period ending 26 December 1970.

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 was inducted into the Army of the United States on 30 January 1968.  He was honorably discharged on 4 May 1969 to accept a warrant officer appointment.  Item 24 of the DD Form 214 he was issued at the time shows award of the National Defense Service Medal and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

3.  General Orders Number 19, issued by Headquarters, U.S. Army Aviation School, Fort Rucker, dated 24 March 1969, awarded him the Army Good Conduct Medal (1st Award) for the period 30 January 1968 through 4 May 1969.

4.  He was appointed as a warrant officer one on 5 May 1969 at Fort Rucker.  He completed training and he was awarded military occupational specialty 100B (Rotary Wing Pilot).

5.  He served in Vietnam from 2 June 1969 through 24 December 1970.  He was assigned to Headquarters and Headquarters Company, 71st Aviation Company (Assault Helicopter).

6.  Headquarters, Americal Division, issued the following general orders pertaining to the applicant:

* Number 10634, dated 15 October 1969, awarding him the Air Medal with "V" Device for heroism while participating in aerial flight in Vietnam on 28 July 1969
* Number 11094, dated 27 October 1969, awarding him the Air Medal for the period 14 June to 22 July 1969
* Number 6195, dated 15 June 1970, awarding him the Army Commendation Medal for meritorious service in Vietnam from 1 January to 30 April 1970
* Number 6345, dated 18 June 1970, awarding him the Air Medal with "V" Device (3rd Award) for heroism while participating in aerial flight in Vietnam on 16 September 1969
* Number 9999, dated 5 August 1970, awarding him the Air Medal with "V" Device (4th Award) for heroism while participating in aerial flight in Vietnam on 2 May 1970
* Number 14917, dated 18 November 1970, awarding him the Army Commendation Medal with 1st OLC for meritorious service in Vietnam from December 1969 to December 1970

7.  On 26 December 1970, he was honorably released from active duty in the rank/grade of chief warrant officer two (CW2)/W-2 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.  He completing 1 year, 7 months, and 22 days of net active service this period for 2 years, 10 months, and 27 days of total active service.  The DD Form 214 he was issued at the time shows in:

	a.  Item 20 the entry Fort Tucker, AL.

	b.  Item 24 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal with 1st OLC
* Bronze Star Medal
* Army Aviator Badge
* Air Medal with 36th OLC
* Distinguished Flying Cross
* Republic of Vietnam Gallantry Cross with Bronze Star

8.  Review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and
1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any additional orders for the Army Commendation Medal or the Air Medal pertaining to the applicant.

9.  Army Regulation 635-5 (Separation Documents), in effect at the time, stated Item 20 would list the city and state where the Soldier entered on active duty and 
Item 24 would list all awards and decorations for all periods of service

10.  Army Regulation 600-8-22 (Military Award) states:

	a.  The Army Commendation Medal is awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders is required.

	b.  The Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  The award is primarily intended for personnel on flying status, but will also be awarded to those personnel whose combat duties requires 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.

	c.  Arabic numerals are now used instead of OLCs for the second and succeeding awards of the Air Medal.  The numeral 2 denotes the second award of the Air Medal.

	d.  The bronze "V" device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with awards of the Army Commendation Medal and the Air Medal.  Although more than one award of the Army Commendation Medal and Air Medal for heroism may be awarded to the same person, only one "V" device may be worn on awards of these medals.

11.  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 Vietnam campaign a member is credited with participating in.  A silver service star will be worn in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, the applicant participated in the following five campaigns:

* Tet 69 Counteroffensive, 1969 (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

12.  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 71st Aviation Company was cited for award of the:

* Valorous Unit Award for the period 11 through 31 August 1969 by Department of Army General Order (DAGO) Number 43, dated 1972
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the periods 24 August through 31 December 1969 and from 31 March through 30 June 1970, by DAGO Number 42, dated 1972

13.  Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information) states that not more than one award of the Republic of Vietnam Gallantry Cross Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was appointed a warrant officer on 5 May 1969 at Fort Rucker.  Item 20 of his DD Form 214 for the period ending 26 December 1970 contains an administrative error that listed his place of entry into current active service as Fort Tucker.  Therefore, his DD Form 214 should be corrected accordingly.

2.  The evidence of record shows he was awarded the Army Good Conduct Medal (1st Award) for his enlisted service for the period 30 January 1968 through 4 May 1969.  Therefore, his DD Form 214 should be corrected to show this award.

3.  He was also awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, his DD Form 214 should be corrected to show this marksmanship badge.

4.  The applicant participated in five campaigns during his service in Vietnam that entitles him to one silver service star for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show this silver service star.
5.  During the applicant's period of assignment in Vietnam, his unit was cited for award of the Valorous Unit Award and two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show these unit awards.

6.  There is no evidence his unit was cited for three awards of Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment. Therefore, there is no basis for granting this portion of his request.

7.  Evidence of record contains orders showing the applicant was awarded two awards of the Army Commendation Medal.  His DD Form 214 lists the Army Commendation Medal with 1st OLC, indicating he was awarded two awards of the Army Commendation Medal.  There is no evidence of record and he provides none to show he was awarded a third or a fourth award of the Army Commendation Medal.  In the absence of such orders, there is an insufficient evidentiary basis for adding any additional Army Commendation Medals to his DD Form 214.

8.  With respect to the Air Medals, the applicant's DD Form 214 for the period ending 26 December 1970 shows he was awarded the Air Medal with 36th OLC. There is no evidence of record and he did not provide any evidence that shows he was awarded any additional awards of the Air Medal.  Therefore, there is an insufficient evidentiary basis for correcting his DD Form 214 to show any additional awards of the Air Medal.

9.  However, general orders show he was awarded several Air Medals with "V" Device for heroism.  Although more than one award of the Air Medal for heroism may awarded to the same person, only one "V" device may be worn on awards of these medals.  Additionally, numerals are now used in lieu of OLCs.  Therefore, his DD Form 214 should be corrected to show the Air Medal with Numeral 37 and with "V" Device.

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:

* deleting from Item 20 of the applicant's DD Form 214 for the period ending 26 December 1970 the current entry and replacing it with the entry Fort Rucker, AL
* deleting from Item 24 of his DD Form 214 for the period ending
26 December 1970 the Vietnam Service Medal and the Air Medal with 36th OLC
* adding to Item 24 of his DD Form 214 for the period ending 26 December 1970 the:

* Air Medal with Numeral 37 and with "V" Device
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one silver service star
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

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 adding to his DD Form 214 for the period ending 26 December 1970 the:

* Air Medal with 37th OLC
* Army Commendation Medal with 3rd OLC
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (3rd Award)



      ____________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)                                         AR20120012608



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120012608



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1