IN THE CASE OF:	  

		BOARD DATE:	  27 June 2013

		DOCKET NUMBER:  AR20120020903 


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 award of the Air Medal.

2.  The applicant states his DA Form 66 (Officer Qualification Record) shows he was awarded the Air Medal by General Orders Number 927, issued by Headquarters, 1st Infantry Division, dated 3 February 1969.

3.  The applicant provides a copy of his DA Form 66 (pages 1, 2, and 4, only).

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.  A DD Form 214 shows the applicant enlisted in the Regular Army on 19 April 1966 for a period of 3 years.  He was honorably discharged on 23 March 1967 to accept a commission.  He completed 11 months and 5 days of net active service this period.  It also shows he was awarded the:

* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-4)
* Expert Marksmanship Qualification Badge with Tank Weapons Bar

3.  The applicant was appointed as a Reserve commissioned officer of the Army in the rank of second lieutenant on 24 March 1967 and entered active duty that date.

4.  General Orders Number 927, dated 3 February 1969, awarded the applicant the Air Medal for meritorious achievement while participating in aerial flight in Vietnam from 26 August 1968 to 12 January 1969.

5.  The applicant's last DD Form 214 shows he entered active duty this period on
24 March 1967, and he was honorably released from active duty on 14 April 1972.  The DD Form 214 he was issued at the time shows in:

	a.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), and continued in item 30 (Remarks), the:

* National Defense Service Medal
* Vietnam Service Medal
* Bronze Star Medal with "V" Device
* Combat Infantryman Badge
* Silver Star
* Army Commendation Medal
* Purple Heart
* RVN Campaign Medal with Device (1960)
* two Overseas Service Bars
* RVN Gallantry Cross with Palm Unit Citation

	b.  Item 30 also shows he served in Vietnam from 5 August 1968 through
18 January 1970.

6.  A 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 U.S. Army Human Resources Command Military Awards Branch, failed to reveal any additional award orders pertaining to the applicant.

7.  In support of his request, the applicant provides a copy of his DA Form 66 (minus page 3) that shows in item 18 (Record of Assignments):

* Company C, 1st Battalion, 18th Infantry, 1st Infantry Division, from
9 August through 20 December 1968
* Company B, 1st Battalion, 18th Infantry, 1st Infantry Division, from
21 December 1968 through 20 June 1969
* U.S. Military Assistance Command, Vietnam, from 21 June 1969 through 17 January 1970

8.  A review of the applicant's military personnel records reveals he may be entitled to additional awards that are not shown on his DD Form 214 for the period ending 14 April 1972.

9.  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:

	a.  1st Battalion, 18th Infantry, 1st Infantry Division, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 12 July 1965 through 16 October 1968 by Department of the Army General Order (DAGO) Number 21, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 12 July 1965 through 7 April 1970 by DAGO Number 53, dated 1970

	b.  U.S. Military Assistance Command, Vietnam, was cited for award of the Meritorious Unit Commendation for the period 1 November 1968 through 30 June 1970 by DAGO Number 51, dated 1971.

10.  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 seervice stars.  Appendix B shows that during his service in Vietnam, the applicant participated in the following five campaigns:

* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet 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)

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows:

	a.  general orders awarded the applicant the Air Medal;

	b.  the applicant qualified for award of the Vietnam Service Medal and he served in five campaigns during his service in Vietnam.  Thus, he is entitled to one silver service star for wear on his already-awarded Vietnam Service Medal;

	c.  general orders awarded the applicant's units the:

* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

2.  His last DD Form 214 should be amended to add the above awards.

BOARD VOTE:

____X____  __X______  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 from item 24 of his DD Form 214 for the period ending 14 April 1972 the Vietnam Service Medal and

	b.  adding to item 24 of his DD Form 214 for the period ending 14 April 1972 the:

* Air Medal
* Vietnam Service Medal with 1 silver service star
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20120020903



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120020903



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1