BOARD DATE: 2 December 2014
DOCKET NUMBER: AR20140006770
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 reflect additional awards not included.
2. The applicant states his record of awards is incomplete.
3. The applicant provides:
* National Personnel Records Center letter
* DD Form 214
* U.S. Army Aviation Systems Command letter
* U.S. Army Aviation Systems Command General Orders Number 5
* Army Commendation Medal Citation
* Air Medal Certificate
* Air Medal Citation
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 Army on 11 February 1966 and was honorably discharged on 13 March 1967 to accept a warrant officer appointment on 14 March 1967. He entered active duty that date.
3. His DA Form 66 (Officer Qualification Record) shows he served in Vietnam from 28 October 1967 through on or about 2 January 1968 where he was assigned to Troop C, 3rd Squadron, 17th Cavalry Regiment, as a helicopter pilot. During his service in Vietnam he participated in the Vietnam Counteroffensive Phase III (1 June 1967-29 January 1968) campaign. His DA Form 66 also shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.
4. The applicant's records contain:
* 1st Aviation Brigade General Orders Number 171, dated 12 January 1968, awarding him the Air Medal
* 1st Aviation Brigade General Orders Number 488, dated 2 February 1968, awarding him the Air Medal (1st and 2nd Oak Leaf Cluster)
* U.S. Army Bell Plant Activity Special Orders Number 24, dated 29 July 1969, awarding him the Expert Marksmanship Qualification Badge with Pistol Bar
5. The applicant provided U.S. Army Aviation Systems Command General Orders Number 5, dated 14 January 1970, awarding him the Army Commendation Medal.
6. He was retired by reason of permanent disability on 16 February 1970.
His DD Form 214 for the period ending 16 February 1970 shows he was awarded or authorized the:
* National Defense Service Medal
* Army Aviator Badge
* Army Good Conduct Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal
* one overseas service bar
7. Army Regulation 600-8-22 (Military Awards) 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.
8. Army Regulation 600-8-22 provides that a bronze service is authorized for wear on the Vietnam Service Medal for participation in each credited campaign.
9. 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 3rd Squadron, 17th Cavalry Regiment was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 22 February 1967 through 17 May 1968 by Department of the Army General Orders Number 21, dated 1969.
DISCUSSION AND CONCLUSIONS:
1. The applicant's records contain orders awarding him the Air Medal and orders awarding him the Air Medal (1st and 2nd Oak Leaf Cluster) (three awards). Therefore, he is entitled to correction of his DD Form 214 to show award of the Air Medal with Numeral 3.
2. The applicant provided orders awarding him the Army Commendation Medal.
Therefore, he is entitled to correction of his DD Form 214 to show award of the Army Commendation Medal.
3. The applicant was awarded the Vietnam Service Medal and participated in one campaign. Therefore, he is entitled to correction of his DD Form 214 to show one bronze service star with his Vietnam Service Medal.
4. The applicant's records also reflect award of the Expert Marksmanship Qualification Badge with Pistol Bar and Sharpshooter Marksmanship Qualification Badge with Rifle Bar. Therefore, he is entitled to correction of his DD Form 214 to show these badges.
5. General orders awarded the unit to which the applicant was assigned in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, he is entitled to correction of his DD Form 214 to show this unit award.
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 adding the following awards to his DD Form 214 for the period ending
16 February 1970:
* Air Medal with Numeral 3
* Army Commendation Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Pistol Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* one bronze service star with his 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) AR20140006770
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140006770
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100010893
He served with the 271st Aviation Company from 5 April 1968 through 14 October 1968 as a 67U c. He served with the 271st Aviation Company from 27 June 1969 through 31 October 1970 as a 67U; d. He participated during four campaign periods; e. He was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Air Medal, Army Commendation Medal, Combat Infantryman Badge, Air Medal (2nd Award) with "V" Device, Army Commendation Medal...
ARMY | BCMR | CY2013 | 20130013866
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending on 10 March 1970 to: * show his date of birth (DOB) as 1947 * add the Bronze Star Medal (2nd Award) 2. GO awarded him the Army Good Conduct Medal (1st Award) during the period of his enlisted service; therefore, he is entitled to correction of his DD Forms 214 for the period ending on 10 March 1967 and 10 March 1970 to add this award. As a result,...
ARMY | BCMR | CY2011 | 20110024883
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 1 January 1970 to show his last name as "DaCosta" instead of "DeCosta" and awards of the: * Purple Heart * Distinguished Flying Cross (3rd Award) * Air Medal (42nd Award) * National Defense Service Medal * Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) 2. GOs...
ARMY | BCMR | CY2011 | 20110011111
Therefore, it would be appropriate to correct his records to show this unit award. The evidence of record shows that the applicant's 3 September 1973 and 28 February 1989 DD Forms 214 do not show all of his awards and decorations as of those dates of separation. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 24 of his 3 September 1973 DD Form 214 the: * Air Medal * Army Commendation Medal *...
ARMY | BCMR | CY2008 | 20080019976
The evidence of record shows that the applicant served a qualifying period for award of the Korea Defense Service Medal. Therefore, it would be appropriate to correct his records to show this service medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 24 of his DD Form 214 the Vietnam Service Medal; and b. adding to item 24 of his DD Form 214 the Distinguished Flying Cross, Air Medal with...
ARMY | BCMR | CY2014 | 20140018379
The applicant states: * the number of Air Medals was miscalculated * he was awarded the Air Medal (1st through 6th Award) * his flight hours in the Republic of Vietnam were 1,193 as a first pilot and 337 as an aircraft commander 3. He participated in various combat missions during his service in the Republic of Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Air Medal with Numeral 16 and...
ARMY | BCMR | CY2014 | 20140015141
The applicant's DA Form 2-1 (Personnel Qualification Record), reviewed on 28 April 1986, shows in * item 5 (Oversea Service) the country where he served, period of overseas service, and if credit for NTC was granted, as follows Country Period (From Through) NTC Not Entered 15 Months Prior to 1 January 1960 No Entry Germany 17 March 1960 29 February 1964 Yes RVN 21 May 1967 13 May 1968 Yes Germany 21 June 1968 31 March 1970 No RVN 1 April 1970 29 March 1971 Yes Germany 30 March...
ARMY | BCMR | CY2011 | 20110009590
At the time of the applicant's service, the Aviation Badge was called the Aircraft Crewman Badge and would not have been abbreviated as shown on his DD Form 214. NPRC improperly changed the applicant's Army Aviator Badge ["ArAvBad" as shown on his DD Form 214] to the Aviation Badge. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. voiding the 28 January 2004 DD Form 215; b. deleting the entire award entries from item...
ARMY | BCMR | CY2006 | 20060002171C070205
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 Silver Star and the Distinguished Flying Cross with "V" Device. Headquarters 1st Cavalry Division General Orders Number 9993, dated 5 August 1968, awarded the applicant the Air Medal with 27 Oak Leaf Clusters [currently known as the Air Medal with Numeral "28"] for meritorious achievement while participating in aerial flights in the Republic of...
ARMY | BCMR | CY2008 | 20080012998
The applicant requests correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) effective 14 September 1969 to show award of the Bronze Star Medal with two Oak Leaf Clusters and "V" Device, Good Conduct Medal, Vietnam Service Medal with a silver service star and two bronze service stars, [Republic of] Vietnam Campaign Medal [with 1960 Device], Air Medal with 33 Oak Leaf Clusters, Sharpshooter Marksmanship Qualification Badge with Pistol Bar, and any...