BOARD DATE:	  17 October 2013

		DOCKET NUMBER:  AR20130003144 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he received a total of fourteen awards of the Air Medal.

2.  The applicant states:

* his DD Form 214 only indicates he received one oak leaf cluster (OLC), but he received thirteen
* he attached evidence from his service record of his first nine awards
* he would ask this Board to investigate and find proof for his tenth through thirteenth OLC

3.  The applicant provides:

* General Orders Number 10705, issued by Headquarters, 9th Infantry Division, dated 17 November 1968
* General Orders Number 1771, issued by the same headquarters, dated 15 February 1969

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 6 November 1967.  He reenlisted on 6 August 1968 for a period of 3 years.  He arrived in Vietnam on 
19 May 1968.  He served as a helicopter mechanic assigned to Headquarters and Headquarter Company (HHC),9th Infantry Division in Vietnam from 
28 May 1968 to 7 August 1968.  He was further assigned to Company A, 9th Aviation Battalion, 9th Infantry Division in Vietnam from 8 August 1968 to 
18 May 1969, at which time he departed Vietnam en route to his next assignment in the United States.

3.  On 5 August 1971, he was honorably released from active duty at the expiration of his term of service.  He completed 3 years, 9 months, and 1 day of total active service.  His DD Form 214 shows he was awarded or authorized the:

* Air Medal with one OLC
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Silver Star
* Army Commendation Medal
* Army Good Conduct Medal
* Aircraft Crewman Badge
* two Overseas Service Bars  

4.  General Orders Number 10705, dated 17 November 1968, awarded him the Air Medal (first through fourth OLC).

5.  General Orders Number 1771, dated 15 February 1969, awarded him the Air Medal (fifth through ninth OLC).

6.  There are no orders in his available record awarding him any additional awards of the Air Medal.


7.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows his entitlement to the Air Medal (first through fourth OLC) and the Air Medal (fifth through ninth OLC), and the respective general orders number mentioned above.

8.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), 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 orders for the Air Medal pertaining to the applicant.

9.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, unit decorations, and similar devices awarded in recognition of accomplishments.  It states:

	a.  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.  Appendix B shows that during his service in Vietnam, the applicant participated in the following four campaigns:

* Vietnam Counteroffensive Phase IV (2 April 30 June 1968)
* 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)

	b.  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.

10.  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 HHC, 9th Infantry Division was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 December 1966 through 30 June 1968 by Department of the Army General Orders (DAGO) Number 31, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 through 28 June 1969 by DAGO Number 59, dated 1969
11.  Department of the Army Pamphlet 672-3 shows the 9th Aviation Battalion was cited for award of the:

* Meritorious Unit Commendation for the period 13 February 1967 through 31 January 1969 by DAGO Number 36, dated 1970
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period January through June 1969 by DAGO Number 59, dated 1969

12.  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 with Palm Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation is not authorized, official military personnel and historical records will show all awards received.

13.  Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The ABCMR will decide cases on the evidence of record; it is not an investigative body.  The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant contends he received the Air Medal with thirteen OLCs, in effect fourteen awards of the Air Medal, evidence shows and he provides orders that show he was only awarded ten awards of the Air Medal.  Therefore, his DD Form 214 should be corrected accordingly.

2.  However, there is no evidence of record and the applicant did not provide any evidence showing he was awarded any more than ten awards of the Air Medal.  Therefore, there is an insufficient evidentiary basis for adding any more than ten awards of the Air Medal to his DD Form 214.

3.  Records show the applicant participated in four campaigns during his service in Vietnam that entitles him to four bronze service stars for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show these bronze service stars.


4.  His units in Vietnam were cited for one award of the Meritorious Unit Commendation, two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and one award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment in Vietnam.  Therefore, his DD Form 214 should be corrected to show these unit awards.

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:

	a.  deleting from his DD Form 214 the:

* Air Medal with one OLC
* Vietnam Service Medal

	b.  adding to his DD Form 214 the:

* Air Medal with Numeral "10"
* Vietnam Service Medal with four bronze service stars
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

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 any more than ten awards of the Air Medal to his DD Form 214.



      __________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)                                         AR20130003144



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ABCMR Record of Proceedings (cont)                                         AR20130003144



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