IN THE CASE OF:  	  

		BOARD DATE:  27 August 2015	  

		DOCKET NUMBER:  AR20140020312 


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 the Bronze Star Medal (BSM), Armed Forces Honor Medal, and the correct number of Air Medals (AM). 

2.  The applicant states there is an error.  

3.  The applicant provides:

* DD Form 214
* orders
* DA Form 759 (Individual Flight Record-Army Aviator)

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 appointed as a second lieutenant in the U.S. Army Reserve on 24 February 1961.  He was ordered to active duty on 4 September 1961.

3.  Headquarters, 1st Infantry Division, issued the following orders:

    a.   General Order (GO) Number 2434, dated 23 September 1966, awarding the applicant the AM for meritorious achievement while participating in aerial flight from 22 July 1966 to 14 August 1966.  He was assigned to Headquarters and Headquarters Company, 2nd Brigade, 1st Infantry Division. 

     b.  GO Number 3013, dated 16 November 1966, awarding the applicant the AM (4th Award) for meritorious achievement while participating in aerial flight from 17 September 1966 to 19 October 1966.  He was assigned to Headquarters and Headquarters Company, 2nd Brigade, 1st Infantry Division.

     c.  GO Number 3013, dated 18 November 1966, awarding the applicant the AM (5th Award) for meritorious achievement while participating in aerial flight from 19 October 1966 to 6 November 1966.  He was assigned to Headquarters and Headquarters Company, 2nd Brigade, 1st Infantry Division.

     d.  GO Number 70, dated 6 January 1967, awarding the applicant the           AM (6th Award) for meritorious achievement while participating in aerial flight from 7 November 1966 to 4 December 1966.  He was assigned to Headquarters and Headquarters Company, 2nd Brigade, 1st Infantry Division.

     e.  GO Number 268, dated 12 January 1967, awarding the applicant the           AM (7th Award) for meritorious achievement while participating in aerial flight from 4 December 1966 to 27 December 1966.  He was assigned to Headquarters and Headquarters Company, 2nd Brigade, 1st Infantry Division.

     f.  GO Number 2245, dated 9 April 1967, awarding the applicant the               AM (8th Award) for meritorious achievement while participating in aerial flight from 29 December 1966 to 10 January 1967.  This GO also awarded him the      AM (9th Award) for meritorious achievement while participating in aerial flight from 11 January 1967 to 23 January 1967. He was assigned to Headquarters and Headquarters Company, 2nd Brigade, 1st Infantry Division.

     g.  GO Number 2246, dated 9 April 1967, awarding the applicant the               AM (10th Award) for meritorious achievement while participating in aerial flight from 25 January 1967 to 15 February 1967.  This GO also awarded him the      AM (11th Award) and AM (12th Award) for meritorious achievement while participating in aerial flight from 16 February 1967 to 27 February 1967 and from 28 February 1967 to 21 March 1967. He was assigned to Headquarters and Headquarters Company, 2nd Brigade, 1st Infantry Division.

     h.  GO Number 2293, dated 11 April 1967, awarding the applicant the BSM for meritorious service in the Republic of Vietnam (RVN) from July 1966 to  March 1967.

4.  The Commanding General of the 3rd Tactical Zone in the RVN awarded him the Armed Forces Honor Medal for his service in the RVN.
  
5.  He was honorably relieved from active duty on 15 April 1967 and transferred to the USAR.  He completed 5 years, 7 months, and 12 days of net service this period.  His DD Form 214 shows he was authorized the following:

* Army Aviator Badge
* Vietnam Service Medal (VSM)
* National Defense Service Medal 
* AM (7th Award)
* RVN Campaign Medal with Device (1960)
* Overseas Service Bar
* Army Commendation Medal with "V" Device

6.  Army Regulation 600-8-22 (Military Awards) provides for award of the VSM.  Appendix B shows the campaigns for Vietnam.  During his tour in Vietnam he participated in the Vietnam Counteroffensive Phase II.  This same regulation states a bronze service star will be awarded for wear on the VSM for participation in each credited campaign.

7.  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 Headquarters and Headquarters Company,     2nd Brigade, 1st Infantry Division was cited for the following awards:

* RVN Gallantry Cross with Palm Unit Citation for the period 12 July 1965 to 16 October 1968 by Department of the Army General Order (DAGO) 21, dated 1969
* RVN Civil Actions Honor Medal for the period October 1965 to                  7 April 1970 by DAGO 53, dated 1970





DISCUSSION AND CONCLUSIONS:

1.  Orders awarded him the BSM and the AM (12th Award).  He is entitled to correction of his DD Form 214 to show these awards.
  
2.  He was awarded the Armed Forces Honor Medal.  He is entitled correction of his DD Form 214 to show this award.   

3.  He was awarded the VSM and orders show he participated in one campaign.  Therefore, he is entitled to correction of his DD Form 214 to show one bronze service star for wear on his previously-awarded VSM.  

4.  He served with Headquarters and Headquarters Company, 2nd Brigade,      1st Infantry Division, during periods for which the unit was awarded the RVN Civil Actions Honor Medal and RVN Gallantry Cross with Palm Unit Citation.  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:

	a.  deleting from his DD Form 214 the VSM and AM (7th Award); and

	b.  adding to his DD Form 214 –

* AM (12th Award)
* BSM  
* VSM with one bronze service star
* RVN Civil Actions Honor Medal


* RVN Gallantry Cross with Palm Unit Citation
* Armed Forces Honor 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)                                         AR20140020312





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ABCMR Record of Proceedings (cont)                                         AR20140020312



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