IN THE CASE OF:	  

		BOARD DATE:  22 August 2013

		DOCKET NUMBER:  AR20130002079 


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 that his award of the Distinguished Flying Cross and the Air Medal with 11 Oak Leaf Clusters be added to his DD Form 214 (Report of Transfer or Discharge). 

2.  The applicant states he realized these awards were not on his DD Form 214 shortly after discharge but didn't think much of it at the time.  He now realizes the importance of having his records corrected. 

3.  The applicant provides copies of his DD Form 214, 101st Airborne Division General Orders Number 7800, 101st Airborne Division General Orders Number 10481, and an Air Medal award citation.

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 8 November 1965.  He completed basic infantryman training, advanced individual training, and basic airborne training, with award of the military occupational specialty (MOS) 67M1P (OH-13/OH-23 Helicopter Repairman - Parachute Qualified).  On 2 November 1967 he was awarded the MOS 67N2P (UH-1 Helicopter Repairman - Parachute Qualified).

3.  He served in Vietnam with Company B, 101st Aviation Battalion, 101st Airborne Division from 7 December 1967 through 4 August 1968 and with Company D, 101st Aviation Battalion, 101st Airborne Division from 5 August 1968 through 9 September 1968.

4.  The applicant's official record contains the award orders for the:

* Distinguished Flying Cross 
* Air Medal 
* Air Medal (1st through 11th Oak Leaf Cluster) 
* Parachutist Badge 
* Aircraft Crewman Badge 
* Driver and Mechanics Badge with "W" clasp 
* Expert Marksmanship Qualification Badge with Rifle Bar 
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar 

5.  The applicant's file contains two DA Forms 20 (Enlisted Qualification Record) that list his awards as the Air Medal, National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Parachutist Badge, Aircraft Crewman Badge, Driver and Mechanics Badge with "W" clasp, Expert Marksmanship Qualification Badge with Rifle Bar, and the Sharpshooter Marksmanship Qualification Badge with Pistol Bar.

6.  The applicant was honorably released from active duty on 4 October 1968.  His DD Form 214 lists his awards as the Marksman Marksmanship Qualification Badge with Rifle Bar, Purple Heart, Good Conduct Medal, Republic of Vietnam Campaign Medal with Device (1960), and the Vietnam Service Medal.  

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that while the applicant was assigned to the Company D, 101st Aviation Battalion it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  


8.  Army Regulation 600-8-22, (Military Award) provides:

	a.  the Air Medal is awarded in time of war for heroism, for meritorious achievement and for meritorious service (sustained operations).  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Arabic numerals are now used instead of Oak Leaf Clusters for the second and succeeding awards.  The numeral 2 denotes the second award; 

	b.  the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined; and  

	c.  a bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal.  Based on the applicant's dates of service in Vietnam, he participated during the following four campaign periods:  the Counteroffensive Phase III, 1 June 1967 - 29 January 1968; Tet Counteroffensive, 30 January 1968 - 1 April 1968; Counteroffensive Phase IV, 2 April 1968 - 30 June 1968; and the Counteroffensive Phase V, 1 July 1968 - 1 November 1968.

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214 and states awards and decorations for all periods of service are to be listed.  Each entry will be verified by the Soldier's records. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's Distinguished Flying Cross, Air Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Parachutist Badge, Aircraft Crewman Badge, Driver and Mechanics Badge with "W" clasp, Expert Marksmanship Qualification Badge with Rifle Bar, and Sharpshooter Marksmanship Qualification Badge with Pistol Bar are not reflected on his DD Form 214.  It would be appropriate to correct the applicant's records to show these awards.

2.  The applicant's record shows he was awarded the first Air Medal and then awarded the Air Medal with 1st through 11th Oak Leaf Clusters.  The subsequent award of an Air Medal is now documented with Arabic numerals in lieu of Oak Leaf Clusters.  It is appropriate to show his Air Medal with a Numeral 12.
3.  The applicant served during four campaign periods and is authorized to wear four bronze service stars on his Vietnam Service Medal.  It would be appropriate to correct the applicant's records to show this award fully.

4.  The applicant is eligible for award of the National Defense Service Medal, and it should be added to his DD Form 214.

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 the Vietnam Service Medal from his DD Form 214; and 

	b.  adding the:

* Distinguished Flying Cross
* Air Medal with Numeral 12
* National Defense Service Medal
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Parachutist Badge
* Aircraft Crewman Badge
* Driver and Mechanics Badge with "W" clasp 







* Expert Marksmanship Qualification Badge with Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar



      _______ _  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)                                         AR20130002079





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ABCMR Record of Proceedings (cont)                                         AR20130002079



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