IN THE CASE OF:  	  

		BOARD DATE:  16 October 2014	  

		DOCKET NUMBER:  AR20140004614 


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 (Certificate of Release or Discharge from Active Duty) to show award of the Air Medal (Fiftieth Oak Leaf Cluster).

2.  The applicant states he earned each Air Medal flying as a door gunner in the Republic of Vietnam.

3.  The applicant provides a copy of General Orders Number 3136 and an        Air Medal Certificate.

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 (RA) on 9 September 1964.  He completed training and he was awarded military occupational specialty 76K (General Supply Specialist).  On 26 October 1965, he was honorably discharged for immediate reenlistment.

3.  The applicant reenlisted in the RA while serving in U.S. Army Europe.  He subsequently served in the Republic of Vietnam from:

* 24 June 1966 to 18 April 1967, with the 524th Quartermaster Company
* 19 April to 4 August 1967, with the 15th Administration Company
* 5 August 1967 to 1 March 1969, with Company A, 227th Aviation Company

4.  The applicant provides and his records contain General Orders Number 3136, issued by Headquarters, 1st Cavalry Division (Airmobile), dated 13 March 1969, showing he was awarded the Air Medal (Fiftieth Oak Leaf Cluster).

5.  On 5 September 1969, the applicant was honorably discharged for immediate reenlistment.  The applicant reenlisted in the RA on 6 September 1969, at Fort Leonard Wood, MO.  He subsequently served in the Republic of Vietnam from:

* 28 November 1970 to 14 June 1971, with Headquarters and Headquarters Company, 1st Squadron, 9th Cavalry Regiment
* 15 June to 15 November 1971, with Company D, 229th Aviation Battalion 

6.  On 3 September 1974, the applicant was honorably discharged.  The                 DD Form 214 he was issued shows he was awarded the:

* Aircraft Crewman Badge
* 7 Overseas Service Bars
* National Defense Service Medal
* Vietnam Service Medal
* Air Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Bronze Star Medal with Oak Leaf Cluster
* Purple Heart
* Army Commendation Medal
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Rifle Bar
* Silver Star

7.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal and states that a bronze service star is authorized with this award for each Republic of Vietnam campaign a member is credited with participating in.  A silver service star is authorized in lieu of five bronze service stars.  Appendix B shows that during his service in the Republic of Vietnam, participation credit was awarded for the following ten campaigns:

* Vietnam Counteroffensive
* Vietnam Counteroffensive, Phase II
* Vietnam Counteroffensive, Phase III
* Tet Counteroffensive
* Vietnam Counteroffensive, Phase IV
* Vietnam Counteroffensive, Phase V
* Vietnam Counteroffensive, Phase VI
* Tet 69 Counteroffensive
* Vietnam Counteroffensive Phase VII
* Consolidation I

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  This pamphlet shows that during his assignment to the:

   a.  15th Administration Company, his unit was cited for award of the Meritorious Unit Commendation for the period 1 April through 30 September 1967 in Department of the Army General Order (DAGO) Number 55, dated       1968 and the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 through 19 May 1969 in DAGO Number 59, dated 1969.

   b.  227th Aviation Battalion, his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August         1965 through 19 May 1969 in DAGO Number 59, dated 1969 and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation for the period           1 January 1969 through 1 February 1970 in DAGO Number 42, dated 1972.
   
   c.  1st Squadron, 9th Cavalry Regiment, his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 21 February 1970 through 28 February 1971 in DAGO Number 42, dated 1972.
   d.  229th Aviation Battalion, his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 17 September 1965 through June 1972 in DAGO Number 54, dated 1974.
   
   e.  Paragraph 6 also states that not more than one award of the Republic of Vietnam Gallantry Cross Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation is not authorized, official military personnel and historical records will indicate all awards received.

9.  Army Regulation 600-8-22 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.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the Air Medal (Fiftieth Oak Leaf Cluster); therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  The applicant's unit was awarded the Meritorious Unit Commendation and 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 these awards.

3.  Records show the applicant participated in ten campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to two silver service stars  for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.

4.  Department of the Army Pamphlet 672-3 shows the 15th Administration Company was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  In addition, 227th Aviation Battalion; 1st Squadron, 9th Cavalry Regiment; and the 229th Aviation Battalion were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his periods of assignment.  Therefore, his DD Form 214 should be corrected to show the Republic of Vietnam Gallantry Cross with Palm Unit Citation (4th 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: 

   a.  deleting the Air Medal and the Vietnam Service Medal from his DD Form 214 for the period ending 3 September 1974; and

	b.  adding the following awards to his DD Form 214 for the period ending       3 September 1974:

* Air Medal with numeral 51
* Meritorious Unit Commendation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Vietnam Service Medal with two silver service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (4th Award)



      _______ _  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)                                         AR20140004614





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ABCMR Record of Proceedings (cont)                                         AR20140004614



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