IN THE CASE OF:
BOARD DATE: 5 December 2013
DOCKET NUMBER: AR20130005211
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show he was awarded the Air Medal with 28 oak leaf clusters (OLC) (hereafter referred to as with Numeral 29) and with V Device.
2. The applicant states he was awarded 29 awards of the Air Medal. The 20th and 21st awards were for heroism and are generally designated with a V Device on the DD Form 214. These awards are not listed or mentioned on the current DD Form 214.
3. The applicant provides copies of his certificates for award of the Air Medal with Numeral 29 (two certificates are with "V" Device), flight records, and his
DD Form 214.
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 was commissioned as a U.S. Army Reserve (USAR) infantry second lieutenant on 21 March 1964 and was ordered to active duty on 20 April 1964.
3. He completed his training as an infantry officer and was transferred to Fort Wolters, Texas and Fort Rucker, Alabama to undergo rotary wing aviator training. He completed his training and remained at Fort Rucker as an instructor until he was transferred to Vietnam on 14 September 1965 for assignment to the 121st Aviation Company.
4. After participating in three campaigns, he departed Vietnam on 3 September 1966 for assignment to Fort Wolters where he remained as an instructor until he was honorably released from active duty (REFRAD) on 19 April 1967 and was transferred to the USAR Control Group (Reinforcement). He had served 3 years of active service and his DD Form 214 issued at the time of his REFRAD shows he was awarded the Parachutist Badge, Army Aviator Badge, Vietnam Service Medal, "Air Medal with Twenty Four Oak Leaf Clusters," Army Commendation Medal, Vietnam Campaign Medal with Device (1960), and National Defense Service Medal.
5. A review of his official records reveals orders awarding the applicant the Air Medal with Numeral 29 and contains orders showing his 20th and 21st awards of the Air Medal were with "V" Device.
6. 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 applicants unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit.
7. Army Regulation 600-8-22 (Military Awards) 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. An example shows that Air Medal (3 OLC and with "V" Device) would now read "Air Medal with Numeral "4" and with "V" Device (four awards)."
a. The bronze V device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with award of the Air Medal. Although more than one award of the Air Medal may be made for heroism to the same person, only one V device may be worn on awards of these medals.
b. A bronze service star will be worn on the Vietnam Service Medal based on qualifying service for each campaign listed in Appendix B of this regulation.
DISCUSSION AND CONCLUSIONS:
1. The applicant's records contain and he has provided sufficient evidence to show that he was awarded the Air Medal with Numeral 29 and with V Device. Therefore, he is entitled to addition of this award to his DD Form 214.
2. The applicant served in three campaigns in Vietnam and is entitled to wear three bronze service stars on his already-awarded Vietnam Service Medal and correction to his DD Form 214.
3. The applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit. Accordingly, he is entitled to have this unit award 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:
1. 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:
* deleting the awards of the Vietnam Service Medal and "Air Medal with Twenty Four Oak Leaf Clusters" from his DD Form 214
* adding the awards of the Vietnam Service Medal with three bronze service stars, Air Medal with Numeral 29 and with "V" Device, and Republic of Vietnam Gallantry Cross with Palm Unit Citation to his
DD Form 214
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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) AR20130005211
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ABCMR Record of Proceedings (cont) AR20130005211
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