IN THE CASE OF:
BOARD DATE: 18 November 2014
DOCKET NUMBER: AR20140005988
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 that his additional award of the Air Medal be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states that his additional awards of the Air Medal were not added to his DD Form 214.
3. The applicant provides copies of his Air Medal Certificates, orders awarding the first award of the Air Medal, a transmittal letter, and a copy of 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 inducted on 10 October 1966. He completed his basic training at Fort Benning, Georgia and his advanced individual training as a helicopter mechanic at Fort Rucker, Alabama.
3. On 19 September 1967, he was transferred to Vietnam for assignment to Headquarters and Headquarters Company, 2nd Brigade, 25th Infantry Division for duty as a crew chief.
4. He served in four campaigns and departed Vietnam on 12 September 1968. He was honorably released from active duty (REFRAD) on 13 September 1968. His DD Form 214 shows that he was awarded the National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Bronze Star Medal, Vietnam Service Medal, and Army Good Conduct Medal.
5. General Orders Number 3079 issued by Headquarters, 25th Infantry Division on 20 April 1968 awarded him the Air Medal with two oak leaf clusters for the period 31 September 1967 to 31 March 1968.
6. Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal. It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. Appendix B shows that during his service in Vietnam, the applicant participated in the following four campaigns:
* 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)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
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 applicants unit was cited for awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he served with the unit.
DISCUSSION AND CONCLUSIONS:
1. The applicant was awarded the Air Medal with two oak leaf clusters and is entitled to have that award added to his DD Form 214.
2. He also served in four campaigns and is entitled to wear four bronze service stars on his already-awarded Vietnam Service Medal and have them added to his DD Form 214.
3. Additionally, the applicants unit was cited for awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he served with the unit and he is entitled to have those unit awards added to 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 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:
* Deleting the award of the Vietnam Service Medal from his DD Form 214
* Adding the awards of the Vietnam Service Medal with four bronze service stars, Air Medal with two oak leaf clusters, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 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) AR20140005988
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ABCMR Record of Proceedings (cont) AR20140005988
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