IN THE CASE OF:
BOARD DATE: 21 May 2015
DOCKET NUMBER: AR20140017541
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 awards of the Bronze Star Medal (BSM) and the Air Medal (second through fifteenth award).
2. The applicant states that he was awarded the BSM and Air Medal (second through fifteenth award) and they are not reflected on his DD Form 214.
3. The applicant provides copies of his DD Form 214 and certificates for awards of the BSM and Air Medal.
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 7 August 1968. He completed his basic training at Fort Leonard Wood, Missouri and his advanced individual training as a UH-1 (Huey) Helicopter repairman at Fort Eustis, Virginia and was transferred to Fort Campbell, Kentucky for his first assignment on 30 January 1969.
3. On 19 April 1969, he was transferred to Vietnam for assignment to D Troop, 3rd Squadron, 4th Cavalry Regiment. On 18 August 1969, he was transferred to Company A, 25th Aviation Battalion.
4. He served in three campaigns and departed Vietnam on 3 April 1970. He was transferred to Oakland Army Base, California where he was honorably released from active duty (REFRAD) on 5 April 1970 as an overseas returnee. He had served 1 year, 7 months and 29 days of active service and his DD Form 214 issued at the time of his REFRAD shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Army Commendation Medal, and Air Medal with "V" Device.
5. General Orders Number 2301, issued by Headquarters, 25th Infantry Division on 25 February 1970, awarded the applicant the BSM for meritorious service during the period of April 1969 to April 1970.
6. General Orders Number 4327, issued by Headquarters, 25th Infantry Division on 19 April 1970, awarded the applicant the Air Medal (3rd thru 15th award) for the period of 6 October 1969 to 15 March 1970.
7. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicants unit was awarded the
Valorous Unit Award (VUA), Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period the applicant served with the unit.
8. Army Regulation 600-8-22 states a bronze service star, based on qualifying service for each campaign listed in appendix B, will be worn on the appropriate service medal including the Vietnam Service Medal.
DISCUSSION AND CONCLUSIONS:
1. The applicant was awarded the Air Medal with "V" Device and 14 oak leaf clusters and is entitled to have that award added to his DD Form 214.
2. The applicant was awarded the BSM and is also entitled to have that award added to his DD Form 214.
3. The applicant served in three campaigns and is entitled to wear three bronze service stars on his already awarded Vietnam Service Medal and to have it added to his DD Form 214.
4. Additionally, the applicants unit was awarded the VUA, Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period the applicant served with the unit and is entitled to have those 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:
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 the awards of the Vietnam Service Medal and Air Medal w/"V" Device from his DD Form 214
* Adding the awards of the Vietnam Service Medal with three bronze service stars, Air Medal with "V" Device and 14 oak leaf clusters, VUA, Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his DD Form 214
____________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) AR20140017541
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ABCMR Record of Proceedings (cont) AR20140017541
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