IN THE CASE OF:	  

		BOARD DATE:  26 September 2013

		DOCKET NUMBER:  AR20130003120 


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 the "V" Device with his award of the Air Medal with 26th Oak Leaf Cluster.

2.  The applicant states the DD Form 214 does not reflect the "V" Device.

3.  The applicant provides:

* DD Form 214
* General Orders (GO) Number 4202

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 active enlisted service from 28 February 1963 through 8 February 1965 (1 year, 11 months, and 11 days), the applicant was appointed as a Reserve warrant officer of the Army with concurrent orders to active duty on 9 February 1965.  He held an aviation military occupational specialty.

3.  He served in Vietnam from 17 March 1965 to 13 March 1966.  He was assigned to the 118th Aviation Company.

4.  Headquarters, U.S. Army Vietnam, GO Number 4202, dated 27 June 1966, awarded him the Air Medal with 26th Oak Leaf Cluster and "V" Device for heroism while engaged in aerial flight in connection with military operations against hostile forces in the Republic of Vietnam on 29 December 1965.

5.  Item 23 (Qualification in Arms) of his DA Form 66 (Officer Qualification Record) shows he qualified marksman with the .45 caliber pistol on 23 September 1966.

6.  He was honorably released from active duty on 8 February 1968.  His DD Form 214 shows he was awarded or authorized the:

* Silver Star
* Air Medal with 26th Oak Leaf Cluster
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal
* one overseas service bar
* "Cross of Gallantry"

7.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following campaigns:

* Vietnam Defense Campaign, 8 March-24 December 1965
* Vietnam Counteroffensive, 25 December 1965-30 June 1966

8.  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.

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 118th Aviation Company was cited for the following awards during his assignment:
* 
Presidential Unit Citation for valor from 10 to 13 June 1965 based on Department of the Army General Orders (DAGO) Number 43, dated 1966
* Meritorious Unit Commendation for service from June 1963 to June 1966 based on DAGO Number 17, dated 1968
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 March 1966 to 26 March 1967 based on DAGO Number 22, dated 1968

10.  His DA Form 20 (Enlisted Qualification Record) and DA Form 24 (Service Record) show he received "excellent" conduct and efficiency ratings during his enlisted service.  His records do not contain any derogatory information in the form of lost time or record of court-martial.

11.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

12.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the overseas service bar.  It states one bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. 
There are special provisions regarding authorization for the overseas service bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one overseas service bar was authorized for each period of 6 months of active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant the Air Medal with 26th Oak Leaf Cluster and "V" Device for heroism.  His DD Form 214 inadvertently omitted the "V" Device.  Therefore, he is entitled to correction of his DD Form 214 to show the "V" Device.

2.  GO awarded his unit in Vietnam the Presidential Unit Citation, Meritorious Unit Commendation, and two Republic of Vietnam Gallantry Cross with Palm Unit Citations.  Therefore, his DD Form 214 should be corrected to show these unit awards.

3.  He completed almost 1 year of foreign service in Vietnam.  His DD Form 214 credited him with only one overseas service bar.  He is entitled to two overseas service bars and correction of his DD Form 214 to show them.

4.  The applicant participated in two campaigns during his service in Vietnam.  Therefore, his is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

5.  The applicant qualified as Marksman with the .45 caliber pistol.  Therefore, he is entitled to award of the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber) and correction of his DD Form 214 to show it.

6.  He served honorably and continuously on active duty as an enlisted Soldier from 28 February 1963 through 8 February 1965, a period of 1 year, 11 months, and 11 days.  He received "excellent" conduct and efficiency ratings throughout this period of enlisted service.  Absent any derogatory information on file that would have disqualified him, it would be appropriate to award him the Army Good Conduct Medal (1st Award) based on completion of qualifying service ending with the termination of a period of Federal military service.  His DD Form 214 should also be corrected to show this award.

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:

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 28 February 1963 through 8 February 1965
* deleting award of the Vietnam Service Medal, Air Medal with 26th Oak Leaf Cluster, "Cross of Gallantry," and one overseas service bar from his DD Form 214 for the period ending 8 February 1968
* adding the following awards to his DD Form 214 for the period ending 8 February 1968 –

* Air Medal with Numeral 27 and "V" Device
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Presidential Unit Citation
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)



      _______ _  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)                                         AR20130003120



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ABCMR Record of Proceedings (cont)                                         AR20130003120



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