BOARD DATE:	  27 August 2013

		DOCKET NUMBER:  AR20130000935 


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 (24th Award).

2.  The applicant states his DD Form 214 should be corrected to show award of the Air Medal (24th Award) in lieu of the Air Medal (18th Award).

3.  The applicant provides his DD Form 214 for the period ending 30 June 1980 and Headquarters, 1st Aviation Brigade, General Orders (GO) Number 1759 awarding him the Air Medal (22nd-24th Award).

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.  Having prior service in the U.S. Navy, the applicant enlisted in the Regular Army (RA) on 23 February 1959 and he held military occupational specialty 140.00 (Field Artillery Basic).

3.  He served in Germany from July 1959 to August 1961.  He was honorably discharged on 12 April 1962 for immediate reenlistment.  His DD Form 214 for the period ending 12 April 1962 does not show any awards.

4.  He reenlisted in the RA on 13 April 1962.  He served in Alaska from June 1962 to May 1964.  He was honorably discharged on 27 July 1967 for immediate reenlistment.  His DD Form 214 for this period of service is not available for review with this case.

5.  He reenlisted in the RA on 28 July 1967.  He was honorably discharged on 30 June 1968 to accept an appointment as a warrant officer.  His DD Form 214 for this period of service shows he was awarded or authorized the National Defense Service Medal, Army Good Conduct Medal (2nd Award), and Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

6.  He was appointed as a Reserve warrant officer of the Army with concurrent call to active duty on 1 July 1968.  He served in a variety of stateside or overseas assignments and he attained the rank of chief warrant officer three (CW3).

7.  He completed the following periods of foreign service as indicated:

* Vietnam from 27 July 1968 to 26 July 1969 while assigned to Headquarters and Headquarters Company, 25th Infantry Division Artillery
* Vietnam from 14 August 1971 to 15 March 1972 while assigned to Company C, 228th Aviation Company, from 20 August to 2 October 1971 and the 68th Attack Helicopter Company from 3 October 1971 to 15 March 1972
* Korea from 7 September 1976 to 8 March 1978

8.  He retired honorably on 30 June 1980 and he was placed on the Retired List in the rank of CW3 on 1 July 1980.  His DD Form 214 for the period ending 30 June 1980 shows he was awarded or authorized the:

* National Defense Service Medal
* Senior Army Aviator Badge
* Republic of Vietnam Campaign Medal
* Air Medal (18th Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Army Good Conduct Medal (2nd Award)
* Bronze Star Medal (2nd Award)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Armed Forces Reserve Medal
* Vietnam Service Medal
* Purple Heart
* Soldier's Medal
* three overseas service bars
* Expert Marksmanship Qualification Badge with Pistol Bar (.38 Caliber)

9.  He provides Headquarters, 1st Aviation Brigade, GO Number 1759, dated 19 June 1972, awarding him the Air Medal (22nd-24th Award) for meritorious achievement with the 68th Attack Helicopter Company from 25 August 1971 to 20 February 1972.

10.  Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

11.  Appendix B of Army Regulation 600-8-22 shows participation credit was awarded for the following campaigns during his service in Vietnam.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star denotes five bronze service stars.

* Vietnam Counteroffensive Phase V, 1 July-1 November 1968
* Vietnam Counteroffensive Phase VI, 2 November 1968-22 February 1969
* Tet 69 Counteroffensive 1969, 23 February-8 June 1969
* Vietnam Summer-Fall 1969, 9 June-31 October 1969
* Consolidation I, 1 July-30 November 1971
* Consolidation II, 1 December 1971-29 March 1972

12.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during his service with Headquarters and Headquarters Company, 25th Infantry Division Artillery, from 27 July 1968 to 26 July 1969, this unit was cited for award of the:

* Meritorious Unit Commendation for service from 1 January to 30 September 1968 in DAGO 39, dated 1970
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from April 1966 to August 1968 in DAGO 48, dated 1971
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 September 1968 to 30 September 1970 in DAGO 5 dated 1973
* Republic of Vietnam Civil Actions Honor Medal First Class Citation for service from April 1966 to 21 January 1970 in DAGO 51, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant the Air Medal (24th Award).  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  The applicant served in Korea during a qualifying period of service for authorization of the Korea Defense Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.

3.  GO awarded his unit(s) in Vietnam the Meritorious Unit Commendation, two Republic of Vietnam Gallantry Cross with Palm Unit Citations, and the Republic of Vietnam Civil Actions Honor Medal First Class Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

4.  He was awarded the Vietnam Service Medal.  Further, he participated in six campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to one silver service star and one bronze service star to be affixed to 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:

* deleting award of the Vietnam Service Medal, Air Medal (18th Award), and Republic of Vietnam Gallantry Cross with Palm Unit Citation from his DD Form 214 for the period ending 30 June 1980
* adding the following awards to his DD Form 214 for the period ending 
30 June 1980 –

* Air Medal (24th Award)
* Korea Defense Service Medal
* Vietnam Service Medal with one silver service star and one bronze service star
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20130000935



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ABCMR Record of Proceedings (cont)                                         AR20130000935



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