IN THE CASE OF:	

		BOARD DATE:	  28 January 2014

		DOCKET NUMBER:  AR20130005971 


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 with two oak leaf clusters and "V" Device and the Legion of Merit.

2.  The applicant states his DD Form 214 does not show the oak leaf clusters for his second and third Air Medal.  He also contends that his Legion of Merit was awarded at the same time his DD Form 214 was issued.  Therefore, it was not included with his other awards. 

3.  The applicant provides copies of:

* his DD Form 214
* general orders for award of his Air Medals
* permanent orders for award of his Legion of Merit

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.  On 10 March 1967, the applicant was commissioned as a second lieutenant, U.S. Army Reserve with concurrent call to active duty.

3.  Records show the applicant served in the Republic of Vietnam (RVN) with the 191st Aviation Company from January 1968 to January 1969.

4.  General Orders Number 6596, 1st Aviation Brigade, dated 23 September 1968, as provided by the applicant, announced his award of the Air Medal with two Oak Leaf Clusters and "V" Device.

5.  Records show the applicant served in the RVN with the Command Aviation Company from January 1971 to January 1972.

6.  Permanent Orders 148-3, Sixth United States Army, dated 16 December 1986, as provided by the applicant, announced his award of the Legion of Merit for his exceptionally meritorious service during the period 1 February 1977 to 
31 January 1987.

7.  On 31 January 1987, the applicant was retired due to length of service.  He had attained the rank of lieutenant colonel, pay grade O-5 and had completed approximately 20 years and 11 months of creditable active duty service.

8.  The applicant's DD Form 214 lists the following awards:

* Distinguished Flying Cross (2nd Award)
* Bronze Star Medal
* Meritorious Service Medal (2nd Award)
* Air Medal (3rd Award)//Air Medal W/"V"
* Army Commendation Medal
* National Defense Service Medal
* Vietnam Service Medal (8 Campaigns)
* Army Service Ribbon
* Overseas Service Ribbon with Numeral 2 (denotes 2nd award)
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Aviator Badge (Master)

9.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the RVN, he participated in the following eight campaign periods: the Vietnam Counteroffensive, Phase III; the Tet Counteroffensive; the Vietnam Counteroffensive, Phase IV; the Vietnam Counteroffensive, Phase V; the Vietnam Counteroffensive, Phase VI; the Vietnam Counteroffensive, Phase VII; the Consolidation I; and the Consolidation II.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star denotes participation in five campaigns.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 191st Aviation Company, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 52, dated in 1971 for award of the RVN Gallantry Cross with Palm Unit Citation; and in DAGO Number 59, dated in 1969 for award of the RVN Civil Actions Honor Medal First Class Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his awards of the Air Medal with two Oak Leaf Clusters and "V" Device and the Legion of Merit.

2.  General orders clearly show the applicant was awarded three Air Medals, of which one or more was for heroism as distinguished by the "V" Device.  It would be appropriate to remove from his DD Form 214 the current entries for his Air Medals and reenter them to show his oak leaf clusters and "V" Device.

3.  Permanent orders clearly show that the applicant was awarded the Legion of Merit for his meritorious service during the 10-year period leading up to his retirement.  Therefore, it would be appropriate to show this award on his DD form 214.

4.  The applicant participated in a total of eight campaign periods during his service in the RVN.  Therefore, he is authorized a silver service star and three bronze service stars to be affixed to his Vietnam Service Medal.

5.  The applicant's unit was cited in general orders for award of the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, his records should be corrected to show these foreign unit awards.




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 from his DD Form 214 the entries:

* Air Medal (3D Award)//Air Medal W/"V" Device
* Vietnam Service Medal (8 Campaigns)

	b.  showing, in addition to the awards already shown on his DD Form 214, the following awards:

* Air Medal with two Oak Leaf Clusters and with "V" Device
* Legion of Merit
* Vietnam Service Medal with one silver and three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit 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)                                         AR20130005971





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ABCMR Record of Proceedings (cont)                                         AR20130005971



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