IN THE CASE OF: 

		BOARD DATE: 19 August 2014

		DOCKET NUMBER:  AR20140000254


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 13 Oak Leaf Clusters.

2.  The applicant states his award of the Air Medal with 13 Oak Leaf Clusters is not shown on his DD Form 214.

3.  The applicant provides copies of the orders showing he was awarded the  Air Medal with 13 Oak Leaf Clusters 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 enlisted in the Regular Army on 2 January 1968.  He held military occupational specialty (MOS) 17L (Airborne Sensor Specialist).

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 38 (Record of Assignments) that he was assigned, in Vietnam, to the 73rd Aviation Company from 2 September 1968 through 19 August 1969; and

	b.  item 41 (Awards and Decorations) that he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Air Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal
* two Overseas Service Bars

4.  All his conduct and efficiency ratings were "excellent." 

5.  The applicant's DD Form 214 shows he was honorably released from active duty on 17 December 1970 as a specialist five (SP5)/E-5.  He had completed 2 years, 11 months, and 16 days of active duty service.

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

* National Defense Service Medal
* Army Commendation Medal
* Air Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar
* two overseas service bars

7.  He provided a copy of Headquarters, 1st Aviation Brigade, Vietnam, General Orders Number 3999, dated 14 August 1969, showing he was awarded the Air Medal with 13 Oak Leaf Clusters for meritorious achievement while participating in aerial flight during the period 11 October 1968 to 14 July 1969.

8.  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:

* Counteroffensive Phase V                1 July - 1 November 1968
* Counteroffensive Phase VI               2 November 1968 - 22 February 1969
* Tet 69/Counteroffensive                  23 February - 8 June 1969
* Summer - Fall 1969                           9 June - 31 October 1969

9.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all “excellent” conduct and efficiency ratings.  There must have been no convictions by a court-martial.  

10.  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 73rd Aviation Company was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 May 1969-20 April 1970 in Department of the Army General Order (DAGO) Number 55, dated 1971.

11. Department of the Army General Order 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.



DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the applicant distinguished himself in the performance of his military service as shown by his receipt of personal decorations and promotion to SP5.  There is no evidence of a commander's disqualification for the Army Good Conduct Medal (1st Award).  It is presumed he did not receive the Army Good Conduct Medal (1st Award) for his service due to an oversight.  

2.  General orders show the applicant was awarded the Air Medal with 13 Oak Leaf Clusters on 14 August 1969.  His DD Form 214 should be corrected to show  the total number of Air Medals by use of Arabic numerals.

3.  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.

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 and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  His DD Form 214 should be corrected to properly show these unit awards.

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.  awarding him the Army Good Conduct Medal (1st Award) for the period 
2 January 1968 to 17 December 1970; 

	b.  deleting the award of the Air Medal from his DD Form 214; and 

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

* Army Good Conduct Medal (1st Award)
* Air Medal with Numeral 14
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* four bronze service stars for wear on his already-awarded Vietnam Service Medal



      _______ _   _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)                                         AR20140000254



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