IN THE CASE OF:	  

		BOARD DATE:  27 February 2014

		DOCKET NUMBER:  AR20130010798 


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 any authorized awards not listed including additional oak leaf clusters (OLCs) for the Air Medal (AM).

2.  The applicant states his DD Form 214 only reflects the eighth OLC for the AM. 

3.  The applicant provides:

* General Orders Number 996
* General Orders Number 3883
* AM (4th OLC) Citation
* AM (10th OLC) Citation
* 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.  On 31 July 1963, the applicant enlisted in the Regular Army.  He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  The highest rank he held was sergeant/pay grade E-5.

3.  His DA Form 20 (Enlisted Qualification Record) shows in: 

* item 31 (Foreign Service), he was credited with service in -

* Korea during the period 20 January 1964 through 6 February 1965
* Vietnam during the period 14 December 1965 through 13 December 1966

* item 38 (Record of Assignments), he was assigned to –

* Company A, 501st Aviation Battalion, performing duties as a squad leader during the period 21 December 1965 to 21 September 1966
* 71st Aviation Company (Air Mobile), performing duties as a squad leader during the period 22 September 1966 to 12 December 1966

4.  Special Orders Number 338, issued by Headquarters, 1st Cavalry Division, dated 3 December 1964, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar.

5.  Special Orders Number 82, issued by the 145th Aviation Battalion, dated 9 April 1966, permanently awarded him the Aircraft Crewman Badge. 

6.  On 16 December 1966, he was honorably released from active duty.  He completed 3 years, 4 months, and 16 days of creditable active service.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Republic of Vietnam (RVN) Campaign Medal with 1960 Device
* Vietnam Service Medal (VSM)
* AM (eighth OLC)

7.  He provides General Orders Number 996, issued by the Americal Division on 26 October 1967, awarding him the 9th and 10th OLC for his already-awarded AM.

8.  Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  

9.  Appendix B of Army Regulation 600-8-22 shows the campaigns for Vietnam.  This same regulation states a bronze service star will be awarded for wear on the VSM for participation in each campaign.  During the applicant's tour of duty in Vietnam he participated in the following campaigns:

* Vietnam Defense Campaign (8 March-24 December 1965)
* Vietnam Counteroffensive (25 December 1965-30 June 1966)
* Vietnam Counteroffensive Phase II (1 July 1966-31 May 1967)

10.  Army Regulation 600-8-22 states Arabic numerals are now used instead of OLCs for the second and succeeding awards of the AM.  The numeral 2 denotes the second award of the AM.

11.  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 71st Aviation Company was awarded the RVN Gallantry Cross with Palm Unit Citation for the period 1 March 1966 through 26 March 1967.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the 10th OLC for his already-awarded AM.  Therefore, he is entitled to have his DD Form 214 amended to show the AM with Numeral "11."

2.  145th Aviation Battalion Special Orders Number 82 awarded him the Aircraft Crewman Badge (currently known as the Aviation Badge).  Therefore, he is entitled to have this badge added to his DD Form 214.

3.  His record shows his service met the criteria for award of the KDSM.  Therefore, he is entitled to have the KDSM added to his DD Form 214.

4.  His unit in Vietnam was cited for award of the RVN Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

5.  He participated in three campaigns during his service in Vietnam which entitles him to three bronze service stars for wear on his already-awarded VSM.  As such, his DD Form 214 should be corrected to show these bronze service stars.

6.  Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar.  Therefore, he is entitled to have this badge added to his DD Form 214.

7.  In view of the foregoing, the applicant's records should be corrected as shown below.

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 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 VSM and AM 8th OLC from his DD Form 214 and

	b.  adding to his DD Form 214 the following awards:

* Air Medal with Numeral "11"
* KDSM
* VSM with three bronze service stars
* Aviation Badge


* Expert Marksmanship Qualification Badge with Rifle Bar
* RVN Gallantry Cross with Palm 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)                                         AR20130010798



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130010798



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1