IN THE CASE OF:	  

		BOARD DATE:	  29 May 2014

		DOCKET NUMBER:  AR20130017032 


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 the Bronze Star Medal and Republic of Korea Order of Military Merit Citation.

2.  The applicant states this award and citation are not listed on his DD Form 214.

3.  The applicant provides copies of General Orders (GO) Number 3409, Bronze Star Medal citation and certificate, Republic of Korea Order of Military Merit Citation, and 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 appointed in the U.S. Army Reserve, as a warrant officer one, on 7 April 1969, with prior enlisted service.  He entered active duty on the same day and served as a pilot.  He served in Vietnam from 4 May 1969 through 4 December 1970, during five campaigns.  He was assigned to the 129th Aviation Company.  

3.  His record contains the following GO issued by Headquarters, 1st Aviation Brigade:

* Number 4524, dated 12 September 1969, awarding him the Air Medal for meritorious achievement while participating in aerial flights from 14 May through 14 June 1969 in Vietnam
* Number 571, dated 28 January 1970, awarding him the Air Medal with "V" Device" for heroism while engaged in aerial flight in connection with military operations against a hostile force on 27 October 1969 in Vietnam

4.  He provided a copy of and his record contains GO Number 3409, dated 9 May 1970, awarding him the Bronze Star Medal with 1st oak leaf cluster (OLC) for meritorious service from May 1969 to April 1970 in Vietnam.  

5.  He further provided a copy of a Republic of Korea Order of Military Merit Citation, dated 21 November 1970, which was issued to him in recognition of and appreciation for his outstanding service to the cause of peace and freedom.

6.  He was released from active duty on 7 December 1970.  His DD Form 214 lists the:

* National Defense Service Medal
* Vietnam Campaign Medal
* Vietnam Service Medal
* Army Commendation Medal
* Air Medal
* Army Aviator Badge

7.  Army Regulation 600-8-22 (Military Awards) authorizes a bronze service star for wear on the Vietnam Service Medal to denote campaign participation.  One silver service star denotes five bronze service stars.  

8.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  There are no provisions in the regulation for listing certificates or citations on the 
DD Form 214.
9.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows his unit, the 129th Aviation Company, was cited for the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 28 October through 6 December 1970, by DAGO Number 24, dated 1972.

10.  DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all Headquarters, United States Army Vietnam and subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant the Air Medal with 1st OLC and "V" Device and Bronze Star Medal with 1st OLC during his period of service in Vietnam.  Therefore, his DD Form 214 should be corrected to show these awards.

2.  He served in Vietnam during five campaigns; therefore, he is entitled to award of one silver service star to be added to his already-awarded Vietnam Service Medal and correction to his DD Form 214 to show this service star.

3.  GO awarded his unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service in Vietnam.  Therefore, he is entitled to these awards and their addition to his DD Form 214.

4.  There is no provision in the regulation that governs the separation document for entering foreign citations on the DD Form 214.  Therefore, this portion of his request should be denied.

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:

* deleting from the applicant's DD Form 214 for the period ending 
7 December 1970 the Air Medal and Vietnam Service Medal
* adding to his DD Form 214 for the period ending 7 December 1970 the:

* Air Medal with 1st OLC and "V" Device
* Bronze Star Medal with 1st OLC
* Vietnam Service Medal with one silver service star
* Republic of Vietnam Civil Actions Honors Medal First Class Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

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 adding to his DD Form 214 the Republic of Korea Order of Military Merit 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)                                         AR20130017032





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ABCMR Record of Proceedings (cont)                                         AR20130017032



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