IN THE CASE OF

		BOARD DATE:	  7 August 2014

		DOCKET NUMBER:  AR20130020352 


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 11 awards of the Air Medal (correctly known as the Air Medal with Numeral 11) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states:

* he would like his DD Form 214 to reflect his award of the Air Medal including the second through eleventh award
* he served in Vietnam from January to December 1970
* he was assigned to Company C, 158th Aviation Battalion of the 101st Airborne Division and later transferred to Company C, 101st Aviation Battalion of the 101st Airborne Division
* he was on flight status with both companies
* he was a crewmember on helicopters as a door gunner or crew chief
* he logged in over 500 combat flight hours   

3.  The applicant provides:

* DD Form 214
* Recommendation for Decoration for Valor or Merit
* Flight hours
* Orders for the Air Medal
* Citation and award certificate for the Air Medal
* Award certificate for the Air Medal (Second through Eleventh Award)
* Orders showing his crewmember flight status
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 4 July 1969 for a period of 
3 years.  He arrived in Vietnam on 11 January 1970.  

3.  His DA Form 20 (Enlisted Qualification Record) shows he served as a helicopter repairman assigned to the following units in Vietnam:

* Company C, 158th Aviation Battalion of the 101st Airborne Division from 24 January to 22 June 1970
* Company C, 101st Aviation Battalion of the 101st Airborne Division from 23 June to 8 December 1970   

4.  On 13 January 1972, he was honorably released from active duty.

5.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal
* Bronze Star Medal

6.  He provides corrected orders, dated 15 January 1971, which show he received the basic Air Medal for the period 24 June to 11 July 1970 and he received the Air Medal (Second through Eleventh Award) for the period 12 July to 14 November 1970. 

7.  Records show he participated in three campaigns during his assignment in Vietnam.

8.  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 Company C, 158th Aviation Battalion was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for actions during the period 2 February 1969 to 2 May 1970 in Department of the Army General Orders (DAGO) Number 48, dated 1971.

9.  DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

10.  Army Regulation 600-8-22 (Military Awards) states 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.

11.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant received 11 awards of the Air Medal.  Therefore, his DD Form 214 should be corrected to show the Air Medal with Numeral 11. 

2.  He participated in three campaigns during his assignment in Vietnam which entitles him to the Vietnam Service Medal with three bronze service stars.  His DD Form 214 should be corrected to show these service stars.

3.  His unit in Vietnam was cited for the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.

4.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam.  The applicant served in Vietnam during a qualifying period; therefore, he is also entitled to correction of his DD Form 214 to show this unit award.





BOARD VOTE:

___X____  ___X____  ___X____GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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 adding the Air Medal with Numeral 11, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars for wear on his already-awarded Vietnam Service Medal to 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)                                         AR20130020352



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ABCMR Record of Proceedings (cont)                                         AR20130020352



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