IN THE CASE OF:
BOARD DATE: 9 December 2014-
DOCKET NUMBER: AR20140007498
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his two awards of the Air Medal (AM w/1OLC).
2. The applicant states he was awarded the AM w/1OLC and they are not reflected on his DD Form 214.
3. The applicant provides 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 5 April 1966. He completed his basic training at Fort Bliss, Texas and his advanced individual training as a helicopter repairman at Fort Rucker, Alabama.
3. On 15 May 1967, he was transferred to Vietnam for assignment to the U.S. Army Concept Team in Vietnam (ACTIV), a unit under the control of U.S. Army Vietnam.
4. He served in four campaigns and departed Vietnam on 22 March 1968. He was honorably released from active duty (REFRAD) on 27 March 1968 as an overseas returnee. He had served 1 year, 11 months, and 23 days of active service. His DD Form 214 shows he was awarded the National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and the Vietnam Service Medal.
5. General Orders Number 5089, issued by Headquarters, U.S. Army Vietnam on 4 October 1967 awarded the applicant the Air Medal.
6. General Orders Number 171, issued by Headquarters, U.S. Army Vietnam on 13 January 1968 awarded the applicant the Air Medal (w/1OLC).
7. General Orders Number 15, issued by Headquarters, U.S. Army Vietnam on 23 March 1968 awarded the applicant the Good Conduct Medal (1st Award).
8. 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.
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 applicants unit was cited for awards of the Meritorious Unit Commendation (MUC) and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit.
DISCUSSION AND CONCLUSIONS:
1. The applicant was awarded the AM w/1OLC and the Good Conduct Medal (1st Award) and is entitled to have those awards added to his DD Form 214.
2. The applicant served in four campaigns in Vietnam and is entitled to wear four bronze service stars on his already-awarded Vietnam Service Medal and to have them added to his DD Form 214.
3. Additionally, the applicants unit was cited for awards of the MUC and Republic of Vietnam Gallantry Cross with Palm 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:
1. 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 Vietnam Service Medal
* Adding to his DD Form 214 award of the Vietnam Service Medal with four bronze service stars, AM w/1OLC, Good Conduct Medal (1st Award), MUC, and the 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) AR20140007498
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ABCMR Record of Proceedings (cont) AR20140007498
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