BOARD DATE: 12 May 2015
DOCKET NUMBER: AR20140015209
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 his award of the Air Medal (AM) with 18th Oak Leaf Cluster (OLC).
2. The applicant states the AM with 18th OLC was not added to his DD Form 214.
3. The applicant provides:
* DD Form 214
* AM Certificate
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 ABCMR to excuse an applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 28 December 1965, the applicant initially enlisted in the Regular Army (RA). On 5 December 1966, he was honorably discharged, in the rank of specialist five/E-5, to accept a warrant officer (WO) appointment. He had completed 11 months and 8 days of total active service.
3. On 6 December 1966, he accepted an appointment in the U.S Army Reserve (USAR) as a WO1 and entered active duty. He was trained in and awarded area of concentration 062B (Helicopter Pilot Instructor).
4. His official military personnel file (OMPF) contains Headquarters, Americal Division, General Orders Number 357, dated 20 January 1968. They announced the applicant's award of the AM with 7th through 18th OLC for meritorious achievement while participating in aerial flight while serving in the Republic of Vietnam (RVN) during the period 13 February through 24 December 1967.
5. On 14 November 1969, he was honorably released from active duty with 2 years, 11 months, and 8 days of creditable active service of which 11 months and 21 days was foreign service. His DD Form 214 for this period of active service shows he was awarded or authorized the following awards:
* National Defense Service Medal
* Army Aviator Badge
* AM with 6th OLC
* Vietnam Service Medal (VSM) with 2 bronze service stars
* RVN Campaign Medal with Device 1960
* Marksman Marksmanship Qualification Badge with .45 Caliber Pistol Bar
* 2 Overseas Service Bars
6. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Paragraph 3-16 of the awards regulation contains guidance on the AM. The version of the awards regulation in effect at the time the applicant served provided for awarding an OLC to denote the second and subsequent awards of the AM. Under current regulatory guidance, Numerals starting with 2 are used to denote the second and subsequent awards of the AM.
7. Department of the Army General Order Number 8, dated in 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to the RVN from 8 February 1962 through 28 March 1973.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should be corrected to show the AM with 18th OLC. Official orders in his OMPF confirms he was awarded the AM with 7th through 18th OLC for meritorious achievement while participating in aerial flight in the RVN. Therefore, it would be appropriate to correct DD Form 214 to show his entitlement to the AM with Numeral 19 to denote nineteen awards of this medal.
2. Based on his RVN service, he is also entitled to correction of his DD Form 214 to show the RVN Gallantry Cross with Palm Unit Citation.
BOARD VOTE:
________ ________ ________ 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 amending his DD Form 214 by deleting the Air Medal with 6th Oak Leaf Cluster and adding the Air Medal with Numeral 19 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) AR20140015209
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ABCMR Record of Proceedings (cont) AR20140015209
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