IN THE CASE OF: 

		BOARD DATE: 25 September 2014

		DOCKET NUMBER:  AR20140003436


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 he was awarded 31 Air Medals, two Distinguished Flying Crosses, the Bronze Star Medal, and the Vietnamese Cross of Gallantry with a Gold Star.

2.  The applicant states he has no idea why the awards are not listed on his DD Form 214.

3.  The applicant provides:

* Air Medal certificate and citation, dated 26 May 1968
* Distinguished Flying Cross orders and certificate, dated 22 January 1969
* Air Medal orders (1st through 30th Oak Leaf Clusters), dated 1 August 1969
* Bronze Star Medal orders, certificate and citation, dated 3 August 1969
* Distinguished Flying Cross orders and certificate, dated 22 September 1969
* Decree Number 091/II Corps/Adjutant General, Gold Star Medal, Declaration of Merit with English translation

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 as an infantry second lieutenant (2LT) in the U.S. Army Reserve (USAR) effective 12 June 1966.  He entered active duty on 
9 October 1966.  He completed helicopter flight school and was promoted to first lieutenant (lLT) in the Army of the United States (AUS) on 9 October 1967.  He was promoted to captain (CPT) effective 13 June 1968. 

3.  His DA Form 66 (Officer Qualification Record) shows in:

	a.  item 18 (Record of Assignments) he was assigned to the 361st Aviation Company, in Vietnam, from 6 April 1968 through 2 July 1969, as a helicopter pilot, section chief and platoon commander (combat operations); 

	b.  item 21 (Awards and Decorations) the – 

* National Defense Service Medal
* Army Aviator Badge
* Vietnam Service Medal
* Air Medal
* Vietnam Campaign Medal 
* Distinguished Flying Cross
* two Overseas Service Bars
* Cross of Gallantry

	c.  item 23 (Qualification in Arms) he qualified for the Expert Marksmanship Qualification Badge with Pistol and Rifle Bars. 

4.  He was honorably released from active duty on 9 July 1969, in the rank of CPT/O-3.  His DD Form 214 lists his authorized awards as the –

* National Defense Service Medal
* Air Medal
* Vietnam Service Medal
* Distinguished Flying Cross
* Army Aviator Badge
* Vietnam Cross of Gallantry
* Republic of Vietnam Campaign Medal with Device (1960)

5.  The applicant provides:

	a.  A certificate and citation showing he was awarded the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam during the period 13 April to 23 April 1968;

	b.  General orders and certificate showing he was awarded the Distinguished Flying Cross on 22 January 1969 for action on 29 November 1968;

	c.  General orders showing he was awarded the Air Medal (1st through 30th Oak Leaf Clusters) on 1 August 1969 for the period 25 April 1968 to 22 June 1969;

	d.  General orders, certificate and citation showing he was awarded the Bronze Star Medal on 3 August 1969 for meritorious service for the period April 1968 to July 1969;

	e.  General orders and certificate showing he was awarded the Distinguished Flying Cross (1st Oak Leaf Cluster) on 22 September 1969 for action on 7 April 1969; and

	f.  Decree Number 091/II Corps/Adjutant General Gold Star Medal in which the applicant is named (in Vietnamese with English translation).

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

	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.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star is authorized in lieu of five bronze service stars.  During his service in Vietnam, the applicant participated in the following five campaigns:

* Counteroffensive Phase IV               2 April - 30 June 1968
* 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

7.  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 unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 22 February 1967- 17 May 1968 by Department of the Army General Order (DAGO) Number 21, dated 1969.

8.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and Decorations) stated the Republic of Vietnam Gallantry Cross as a personal decoration was awarded to personnel who conducted themselves with heroic action and displayed deeds of valor while fighting the enemy.  The more gallant and noteworthy the act, the higher the level of the award.  This decoration was awarded in four degrees: with Palm, with Gold Star, with Silver Star, and with Bronze Star.  Each command level awarded only one level of the award.  The Gold Star was awarded by the Corps/Tactical Zone Commander.  Approval to accept and to wear a personal award of the Republic of Vietnam Gallantry Cross required approval by the Commanding General of United States Army, Vietnam.  As with all foreign awards, each recipient of an approved foreign award was provided a copy of the original citation from the foreign government, a translation of the citation if necessary, and a letter authorizing the recipient to receive and wear the decoration. 

DISCUSSION AND CONCLUSIONS:

1.  General orders show he was awarded the Distinguished Flying Cross with (1st Oak Leaf Cluster), Bronze Star Medal, and Air Medal (1st through 30th Oak Leaf Clusters).  His DD Form 214 should be corrected to show the total number of Air Medals by use of Arabic numerals.

2.  Records show he was awarded the Expert Marksmanship Qualification Badge with Pistol and Rifle Bars.

3.  He participated in five campaign periods during his service in the Vietnam.  Therefore, he is authorized one silver service star 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.

5.  The applicant provided evidence showing he received the Republic of Vietnam Gallantry Cross with a Gold Star as a personal decoration.  Notwithstanding the absence of permission to accept and wear this foreign decoration is reasonable to presume he would not have received the translation in the absence of such approval.  His record should be corrected to show he was  authorized to receive and wear the decoration. 

6.  His DD Form 214 should be corrected to show the above awards.  Considering that his present list of awards is more wrong than right he should be provided a complete and proper list of all his 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.  deleting all the awards currently listed on his DD From 214; and

	b.  adding to his DD Form 214 the –

* Distinguished Flying Cross (1st Oak Leaf Cluster)
* Air Medal with Numeral 31
* Bronze Star Medal
* National Defense Service Medal
* Vietnam Service Medal with one silver service star


* Republic of Vietnam Gallantry Cross with Gold Star
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Army Aviator Badge
* Expert Marksmanship Qualification Badge with Pistol and Rifle Bars



      _____________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)                                         AR20140003436



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