IN THE CASE OF:
BOARD DATE: 31 March 2015
DOCKET NUMBER: AR20140013672
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 show award of the Air Medal (AM).
2. He states the medal was due for his service in the Republic of Vietnam (RVN) as a crew chief.
3. He provides his DD Form 214 and DA Form 1577 (Authorization for Issuance of Awards).
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 on 16 June 1964. He served in the RVN from 14 November 1964 to 3 November 1965 in military occupational specialty 67N (Helicopter Repairer).
3. His DA Form 20 shows he was assigned to:
* Headquarters Company, 52d Aviation Battalion from 17 November 1964 to 3 January 1965
* 117th Aviation Company from 4 January 1965 to 3 November 1965
4. He served 3 years on active duty and he was honorably released from active duty on 15 June 1967.
5. His DD Form 214 shows the:
* Armed Forces Expeditionary Medal
* National Defense Service Medal
* Aircraft Crewman Badge
* Army Good Conduct Medal (1st Award)
* Expert Marksmanship Qualification Badge with Rifle Bar
6. General Orders Number 2047, issued by Headquarters, U.S. Army Vietnam, dated 20 December 1965, awarded the applicant the Air Medal (Fourth Oak Leaf Cluster) for meritorious achievement while participating in aerial flight during the period 20 July 1965 to 5 August 1965.
7. Army Regulation 600-8-22 (Military Awards) states:
a. Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the AM. The numeral 2 denotes the second award of the AM.
b. The RVN Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more.
8. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units that served in Vietnam. This pamphlet shows the 117th Aviation Company, to which the applicant was assigned, was cited for the Presidential Unit Citation by Department of the Army General Orders (DAGO) Number 43, dated 1966 and the Valorous Unit Award by DAGO 20, dated 1967. The same pamphlet shows the RVN Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam between 20 July 1965 and 28 March 1973 which were subordinate to Headquarters, U.S. Army Vietnam, as announced in DAGO Number 8, dated 1974.
DISCUSSION AND CONCLUSIONS:
1. General orders verify he was awarded the AM (5th Award). Therefore, he is entitled to correction of his DD Form 214 to show this award.
2. The evidence of record shows he served in Vietnam from 14 November 1964 to 3 November 1965. Since his service in the RVN was for more than 6 months, he is authorized the RVN Campaign Medal with Device (1960) and correction of his DD Form 214 to show this award.
3. The evidence of record shows he is entitled to wear the Presidential Unit Citation, RVN Gallantry Cross with Palm Unit Citation, and the Valorous Unit Award. Therefore, his DD Form 214 should be corrected to show these unit awards.
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 adding the following awards to his DD Form 214:
* Air Medal (5th Award)
* Republic of Vietnam Campaign Medal with Device (1960)
* Presidential Unit Citation
* Valorous Unit Award
* 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) AR20140013672
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ABCMR Record of Proceedings (cont) AR20140013672
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