IN THE CASE OF: 

		BOARD DATE:	    20 March 2014

		DOCKET NUMBER:  AR20130013062 


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 (Certificate of Release or Discharge from Active Duty) be corrected by adding his awards of the Air Medal with “V” Device and Numeral “3” and the Army Commendation Medal with four oak leaf clusters (4OLC).

2.  The applicant states that his awards of the Air Medal with “V” Device and Numeral “3” and the Army Commendation Medal w/4OLC were not included on his DD Form 214 at the time of his retirement.

3.  The applicant provides orders awarding him the Air Medal, three awards of the Air Medal with “V” Device, and the Army Commendation Medal with 4 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.  The applicant enlisted in the Regular Army on 13 September 1967.  He completed his training and remained on active duty through a series of continuous reenlistments.  He served in Vietnam in seven campaigns during the periods 19681130 – 19691128 and 19711105 – 19721104, in Korea during the period 19840919 – 19850918 and two incomplete tours in Germany.  He was promoted to the pay grade of E-8 on 4 March 1987.

3.  On 31 May 1989, he was honorably retired by reason of length of service and was placed on the Army of the United States Retired List in the pay grade of E-8 effective 1 June 1989.  He had served 21 years, 8 months and 18 days of active service and his DD Form 214 issued at the time of his retirement shows that he was awarded the National Defense Service Medal, Vietnam Service Medal with 6 bronze service stars, Vietnam Campaign Medal with 60 Device, Purple Heart, Republic of Vietnam Gallantry Cross with bronze star, Republic of Vietnam Civil Actions  Honor Medal First Class Unit Citation (two awards), Army Achievement Medal (three awards), Army Commendation Medal (four awards), Bronze Star Medal, Noncommissioned Officer Professional Development Ribbon with numeral “3”, Army Good Conduct Medal (seven awards), Meritorious Service Medal (two awards), Army Service Ribbon, Overseas Service Ribbon with numeral “2”, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

4.  The orders provided by the applicant show that he was awarded the Army Commendation Medal with 4 OLCs, the Air Medal on 3 June 1969, the Air Medal with “V” Device on 8 April 1972, the Air Medal with “V” Device on 8 May 1972, the Air Medal with “V:” Device on 27 June 1972 and the Air Medal with “V” Device on 7 September 1972.

5.  Army Regulation 600-8-22 (Military Awards) states the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status but may also be awarded to those personnel whose combat duties require them to fly; for example, personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  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.

6.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.  A silver service star is authorized in lieu of five bronze service stars.
7.  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.

8.  Service medals and awards are not issued by the Army Board for Correction of Military Records (ABCMR).  However, the applicant may obtain his medals by submitting his request in writing to:  National Personnel Records Center, ATTN: Army Reference Branch, 1 Archives Drive, St. Louis, Missouri  63138.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Army Commendation Medal with four OLCs and is entitled to have that award added to his DD Form 214.

2.  The applicant was awarded the Air Medal and three awards of the Air Medal with “V” Device and is entitled to have the award of the Air Medal with “V” Device and numeral “3” added to his DD Form 214.

3.  The applicant served in seven campaigns and is entitled to wear one silver and two bronze service stars on his already awarded Vietnam Service Medal and to have it added to his DD Form 214.

4.  Additionally, the applicant served during a qualifying period for award of the KDSM and is entitled to be awarded the KDSM and to have it entered on 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 award of the “Vietnam Service Medal - 6” and “Army Commendation Medal – 4” from item 13 of his DD Form 214.
* Issuing the applicant authorization for a medal set for the KDSM.
* Adding the awards of the Vietnam Service Medal with one silver and two bronze service stars, Army Commendation Medal w/4OLCs, Air Medal with “V” Device and numeral “3”, and the KDSM 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 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)                                         AR20130013062





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130013062



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1