BOARD DATE:  10 June 2014

		DOCKET NUMBER:  AR20130017513


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 Air Medal with 1st Oak Leaf Cluster with "V" Device.  He also requests correction of the award certificate to show his service number as XX XXX 345.

2.  The applicant states that general orders, dated 31 March 1968, show he was awarded the Air Medal with 1st Oak Leaf Cluster with "V" Device.  His social security number is correct on the award certificate, but the service number is incorrect and should be corrected.

3.  The applicant provides copies of his Air Medal with 1st Oak Leaf Cluster with "V" Device Certificate and orders and his 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 commissioned as a second lieutenant in the U.S. Army Reserve as an engineer officer on 4 June 1965, later becoming an aviator.  He completed basic airborne training and flight school as a fixed wing aviator.  He was ordered to active duty on 10 October 1965.  He was promoted to captain effective 3 June 1967.

3.  His DA Form 66 (Officer Qualification Record) shows his service number as XXXXX345 and shows in:

	a.  item 18 (Record of Assignments) that he was assigned to the 219th Aviation Company in Vietnam from 27 May 1967 through 17 May 1968.

	b.  item 21 (Awards and Decorations) that he was awarded or authorized the:

* Parachutist Badge
* National Defense Service Medal
* Army Aviator Badge
* Vietnam Service Medal
* Air Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* two overseas service bars
* Army Commendation Medal
* Air Medal with 33 Oak Leaf Clusters
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

4.  The applicant's DD Form 214 shows he was honorably released from active duty on 9 May 1969 in the rank/grade of captain/O-3.  His service number is shown as XX XXX 345.  He completed 3 years and 7 months of active duty service.

5.  His DD Form 214 shows his authorized awards as the:

* Parachutist Badge
* Air Medal
* "VN Cross of Gallantry w/Palm"
* National Defense Service Medal
* Army Aviator Badge
* Vietnam Service Medal
* "Vietnam Campaign Medal w/3 stars"
* one overseas service bar
* "Air Medal with 33 OLC"
* Army Commendation Medal

6.  He provided a copy of Headquarters, 1st Aviation Brigade, Vietnam, General Orders Number 1812, dated 31 March 1968, and an award certificate showing he was awarded the Air Medal with 1st Oak Leaf Cluster with "V" Device for heroism in action on 1 October 1967.  Both the certificate and orders  show his service number as XXXXX131.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  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.  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.

	b.  The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  A bronze service star is authorized with this award for each Vietnam campaign.  During the applicant's service in Vietnam, participation credit was awarded for the following four campaigns:

* Vietnam Counteroffensive Phase II – 1 July 1966-31 May 1967
* Vietnam Counteroffensive Phase III – 1 June 1967-29 January 1968
* Tet Counteroffensive – 30 January-1 April 1968
* Vietnam Counteroffensive Phase IV – 2 April-30 June 1968

	c.  The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

8.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the overseas service bar.  For Vietnam service, one overseas service bar was authorized for each period of 6 months of active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.

9.  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 219th Aviation Company was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 27 March 1967-27 May 1968 in Department of the Army General Order Number 21, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  General orders show the applicant was awarded the Air Medal with 1st Oak Leaf Cluster with "V" Device for heroism in action on 1 October 1967.  His DD Form 214 should be corrected to show the "V" Device and the Arabic numeral designation instead of oak leaf clusters for his second and succeeding awards of the Air Medal.

2.  Records show he participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal.

3.  During his service in Vietnam he qualified for two overseas service bars.

4.  During the applicant's service in Vietnam, his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  His DD Form 214 should be corrected to properly show this unit award.

5.  His DD Form 214 should be corrected to show the proper name of the Republic of Vietnam Campaign Medal with Device (1960).

6.  The evidence shows the service number listed on the applicant's Air Medal with 1st Oak Leaf Cluster with "V" Device Certificate and orders is not correct.  The orders and certificate should be corrected to show the service number shown on his DD Form 214.



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 is 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 following awards from his DD Form 214:

* "Vietnam Campaign Medal w/3 stars"
* "VN Cross of Gallantry w/Palm"
* one overseas service bar

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

* Air Medal with Numeral 34 and "V" Device
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* four bronze service stars for wear on his already-awarded Vietnam Service Medal
* two overseas service bars

	c.  deleting the service number shown on the Air Medal with 1st Oak Leaf Cluster with "V" Device Certificate and orders and replacing it with the service number shown on his DD Form 214.



      __________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)                                         AR20100025029



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ABCMR Record of Proceedings (cont)                                         AR20130017513



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