IN THE CASE OF:	  

		BOARD DATE:	  20 November 2015

		DOCKET NUMBER:  AR20140006393 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the:

* Air Medal with "V" Device
* Meritorious Service Medal with 1st OLC
* Master Army Aviator Badge

2.  The applicant states, in effect, he was awarded two awards of the Air Medal with "V" Device.  His DD Form 214 lists the Air Medal; however, it does not list the "V" Device.  His DD Form 214 lists the Meritorious Service Medal; however, it does list the 1st OLC.  This DD Form 214 also does not show the Master Army Aviator Badge.  Poor administrative actions occurred in reading his file when preparing the DD Form 214 upon his retirement.  The Meritorious Service Medal orders from the U.S. Army Training and Doctrine Command (TRADOC), dated 23 June 1977, failed to recognize his previous award.  Corrections will improve the accuracy of his DD Form 214.

3.  The applicant provides copies of the following:

* General Orders (GO) Number 5559
* GO Number 5704
* GO Number 666
* Orders Number 44-5
* Permanent Orders (PO) Number 58-5
* 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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.

2.  The applicant was appointed in the U.S. Army Reserve (USAR), as a second lieutenant, on 18 February 1959, and he entered active duty on the same day.  He held specialty 1542 (Infantry Unit Commander).

3.  He served in Vietnam in 28 June 1966 through 13 June 1967, during three campaigns.  He served in specialty 15A (General Aviation Officer) in the following units:

* Troop D, 3rd Squadron, 8th Calvary from April 1963 to July 1964  
* 121st Assault Helicopter Company, 1st Aviation Brigade, from August 1966 to June 1967

4.  Headquarters, 1st Aviation Brigade, issued the following GO:

* GO Number 5559, on 20 November 1967, awarding him the Air Medal with 29th OLC and "V" Device for heroism while engaged in aerial flight in connection with military operations against a hostile force on 13 April 1967 in Vietnam
* GO Number 5704, on 28 November 1967, awarding him the Air Medal with 30th OLC and "V" Device for heroism while engaged in aerial flight in connection with military operations against a hostile force on 15 February 1967 in Vietnam

5.  He again served in Vietnam from 15 February 1969 through 12 February 1970, during four campaigns.  He served in specialty 15A with Headquarters and Headquarters Company, 25th Aviation Battalion, 25th Infantry Division.


6.  GO Number 307, issued by Headquarters, 25th Infantry Division, on 10 January 1970, awarded him the Air Medal with 40th OLC.

7.  GO Number 666, issued by Headquarters, 1st U.S. Army, on 28 June 1972, awarded him the Meritorious Service Medal for outstanding meritorious service from 19 March 1970 through 31 July 1974.

8.  Orders Number 44-5, issued by Headquarters, U.S. Army Support Command, on 25 August 1976, awarded him the Master Army Aviator Badge effective 11 August 1976.

9.  PO Number 58-5, issued by TRADOC, on 23 June 1977, awarded him the Meritorious Service Medal with 1st OLC for outstanding meritorious service from 16 January 1974 through 7 June 1977.

10.  He was honorably retired in the rank of lieutenant colonel on 31 January 1980 and he was transferred to the Retired Reserve.  He was credited with completing 20 years, 11 months, and 13 days of net active service. His DD Form 214 lists the:

* Parachutist Badge
* Ranger Tab
* Army Commendation Medal with 1st OLC
* Vietnam Service Medal
* National Defense Service Medal
* Republic of Vietnam Campaign Medal
* Bronze Star Medal with 2nd OLC
* Air Medal with 40th OLC
* Distinguished Flying Cross with 2nd OLC
* Silver Star with 1st OLC
* Meritorious Service Medal
* four overseas service bars
* Legion of Merit
* General Staff Identification Badge
* Senior Army Aviator Badge

11.  Army Regulation 600-8-22 (Military Award) states:

* in the case of multiple "V" devices for the same award, only one "V" device is worn on the service ribbons
* a bronze star is authorized for wear on the Vietnam Campaign Medal to denote campaign participation; a silver star denoted five bronze service stars

12.  Department of the Army GO Number 8, dated 1974, awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 through 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant two awards of the Air Medal with "V" Device.  By regulation, only one "V" device is worn on the service ribbon.  Therefore, he is entitled to correction of his DD Form 214 to show the Air Medal with 40th OLC and "V" Device.

2.  GO awarded him the Meritorious Service Medal with 1st OLC and Master Army Aviator Badge during his period of service.  Therefore, he is entitled to these awards and their addition to his DD Form 214.

3.  He served in Vietnam during a total of seven campaigns; therefore, he is entitled to award of one silver service star and two bronze service stars to be added to already-awarded Vietnam Service Medal and correction to his DD Form 214 to show these service stars.

4.  GO awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service in Vietnam.  Therefore, his DD Form 214 should be corrected to show this 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:

* deleting from his DD Form 214 the:

* Air Medal with 40th OLC
* Meritorious Service Medal
* Vietnam Service Medal
* Senior Army Aviator Badge

* adding to his DD Form 214 the:

* Air Medal with 40th OLC and "V" Device
* Meritorious Service Medal with 1 OLC
* Vietnam Service Medal with one silver service star and two bronze service stars
* Master Army Aviator Badge
* Republic of Vietnam Gallantry Cross with Palm Unit Citation



      _______ _   __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)                                         AR20140006393





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ABCMR Record of Proceedings (cont)                                         AR20140006393



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