BOARD DATE:	  25 March 2014

		DOCKET NUMBER:  AR20130012603 


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 award of:

* Air Medal (AM) with 38 Oak Leaf Clusters (OLC)
* Bronze Star Medal (BSM) with 2 OLC
* Army Commendation Medal (ARCOM) with 3 OLC

2.  The applicant states he served with the 25th Aviation Battalion and was later transferred to the 229th Aviation Battalion.  He contends that his records did not get updated.

3.  The applicant provides copies of:

* DD Form 214 (copy 1)
* DA Form 759 (Individual Flight Record and Flight Certificate - Army), for the period from November 1970 to February 1971
* Certificate for award of the ARCOM with 3rd OLC for the period April 1969 to December 1970, dated 19 December 1970
* General Orders Number 3104, dated 17 February 1971, announcing award of the BSM for the period 16 February 1970 to 15 February 1971 (This order contains a hand-lettered entry indicating the order should include a second OLC)
* General Orders Number 5164, dated 10 March 1971, with Citation and Certificate announcing award of the AM with 2-38 OLCs

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 24 December 1968, the applicant enlisted in the Regular Army (RA).  He completed his initial training and was enrolled in the Warrant Officer Rotary Wing Aviation Course.

	a.  General Orders Number 91, Fort Rucker, AL, dated 28 October 1969, announced award of the Army Good Conduct Medal to the applicant for the period 24 December 1968 to 11 January 1970; and

	b.  Special Orders Number 242, Fort Rucker, AL, dated 21 November 1969, announced award of the Expert Marksmanship Qualification Badge with Pistol and Rifle (M-16) Bars.

3.  On 11 January 1970, he was discharged from the RA for the purpose of accepting an appointment as a warrant officer in the U.S. Army Reserve (USAR) with immediate call to active duty.  His DD Form 214 for this period of active duty shows his awards as:

* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle (M-14) Bar

4.  On 12 January 1970, the applicant was appointed as a warrant officer one, entered active duty, and was placed on orders for duty in the Republic of Vietnam (RVN).

	a.  On 21 February 1970, he was assigned as a rotary wing pilot with Company A, 25th Aviation Battalion, 25th Infantry Division (ID) in the RVN;


	b.  General Orders Number 9009, 25th ID, dated 18 August 1970 announced award of the ARCOM for meritorious achievement during the period 1 June to 
31 July 1970;

	c.  General Orders Number 10752, 25th ID, dated 1 November 1970, announced award of the ARCOM with first OLC for meritorious achievement during the period 1 October to 1 November 1970;

	d.  General Orders Number 10740, 25th ID, dated 1 November 1970, announced award of the BSM for meritorious service during the period January to December 1970

	e.  On 25 November 1970, he departed his unit and was assigned to Company C, 229th Aviation Battalion, 1st Cavalry Division, on 5 December 1970;

	f.  General Orders Number 5164, 1st Cavalry Division, dated 10 March 1971, announced award of the AM with the 2nd through 38th OLCs for the period February 1970 to January 1971.

5.  On 10 February 1971, the applicant departed the RVN and was released from active duty on 20 February 1971.  His DD Form 214 for this period of active duty shows his awards as:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* BSM with 1 OLC
* ARCOM with 1 OLC
* Army Good Conduct Medal
* AM with 2-22 OLCs
* Army Aviator Badge

6.  Item 21 (Awards and Decorations) of the applicant's DA Form 66 (Officer Qualification Record) lists the following:

* National Defense Service Medal
* Army Aviator Badge
* Army Good Conduct Medal
* Vietnam Service Medal
* AM (22 awards)
* ARCOM with first OLC
* RVN Campaign Medal with 1960 Device
* BSM with first OLC on General Orders Number 10752, dated 1 November 1970

7.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS), failed to reveal any orders awarding the applicant more than one BSM, or more than two ARCOMs.  ADCARS is an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command.

8.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that based on the applicant's dates of service in the RVN he participated in the following three campaign periods: the Vietnam Winter-Spring; the DA Sanctuary Counteroffensive; and the Vietnam Counteroffensive, Phase VII.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

9.  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 25th Aviation Battalion, during the time of the applicant's assignment, was cited in Department of the Army General Orders Number 5, dated in 1973 for award of the RVN Gallantry Cross with Palm Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of:

* AM with OLCs
* BSM with 2 OLCs
* ARCOM with 3 OLCs

2.  General orders show the applicant was awarded the AM with 38 OLCs.  Therefore, this award should be shown on his DD Form 214 ending on 
20 February 1971.

3.  Available general orders show the applicant was awarded the BSM on General Orders Number 10740, dated 1 November 1970.  Even though the applicant's DD Form 214 indicates he was awarded the BSM with OLC, there are no orders available to confirm the second award.  The entry on the applicant's DA Form 66 indicating the BSM with OLC cites as authority the orders that awarded him the ARCOM with OLC.  As a matter of policy so as to not make the applicant worse than he was before coming to the Board, the OLC should not be removed from his BSM or from his DD Form 214.

4.  Furthermore, there are no available general orders showing he was awarded a third BSM.  The general orders provided by the applicant have a hand lettered entry indicating that these orders should have included a second OLC.  However, there is no corroborating documentary evidence to support this entry.  Therefore, this portion of his request should be denied.

5.  General orders clearly show that the applicant was awarded the ARCOM with first OLC.  However, there are no available general orders showing he received any additional ARCOMs.  The certificate provided by the applicant that shows a 3rd OLC is not sufficient by itself as a basis to correct his record.  Therefore, this portion of his request should be denied.

6.  Records show that the applicant participated in three campaign periods during his service in the RVN.  Therefore, he is eligible to wear three bronze service stars on his already-awarded Vietnam Service Medal.

7.  General orders show the applicant was awarded the Army Good Conduct Medal during his active duty as an enlisted Soldier.  Therefore, this medal should have been entered on his DD Form 214 ending on 11 January 1970.  Accordingly, it would be appropriate to show it properly on his first DD Form 214.

8.  Records show that the applicant's unit was cited in general orders for award of the RVN Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.

9.  Special orders show the applicant was awarded the Expert Marksmanship Qualification Badge with Pistol and Rifle (M-16) Bars prior to his appointment as a warrant officer.  Therefore, it would be appropriate to show this badge on his DD Form 214 ending on 11 January 1970.

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.  adding to his DD Form 214 ending on 11 January 1970:

* Army Good Conduct Medal
* Expert Marksmanship Qualification Badge with Rifle (M-16) and Pistol Bars

	b.  deleting from his DD Form 214 ending on 20 February 1971:

* Vietnam Service Medal
* Vietnam Campaign Medal
* Air Medal 2-22 OLCs

	c.  adding to his DD Form 214 ending on 20 February 1971:

* Air Medal with 38 Oak Leaf Clusters
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Campaign Medal with 1960 Device

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 showing any additional Bronze Star Medals or Army Commendation Medals.




__________ _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)                                         AR20130012603





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ABCMR Record of Proceedings (cont)                                         AR20130012603



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