Search Decisions

Decision Text

ARMY | BCMR | CY2015 | 20150000119
Original file (20150000119.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  4 August 2015

		DOCKET NUMBER:  AR20150000119 


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), for the period ending 12 August 1971, to show he was awarded the Bronze Star Medal with 1st Oak Leaf Cluster [currently referred to as (2nd Award)].

2.  The applicant states this award was not listed in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214.

3.  The applicant provides his DD Form 214 for the period ending 12 August 1971 and General Orders Number 5666, dated 4 August 1971.

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.  After having previous enlisted service, the applicant was appointed as a Reserve warrant officer on 13 July 1970 and entered active duty that same day.  

3.  His DA Form 66 (Officer Qualification Record) shows he served in Vietnam from 10 August 1970 to 9 August 1971, where he was assigned to the 355th Aviation Company (Assault Helicopter) from 17 August 1970 to 6 August 1971.

4.  General Orders Number 11826, issued by Headquarters, 1st Aviation Brigade, Vietnam on 1 December 1970, awarded him the Air Medal for meritorious achievement while participating in aerial flight, during the period      20 August 1970 to 7 September 1970.

5.  General Orders Number 2823, issued by Headquarters, 1st Aviation Brigade, Vietnam on 3 April 1971, awarded him the Bronze Star Medal with "V" Device for heroism in connection with ground operations against a hostile force on 
29 December 1970.

6.  General Orders Number 5666, issued by Headquarters, 1st Aviation Brigade, Vietnam on 4 August 1971, awarded him the Bronze Star Medal (2nd Award) for meritorious service during the period of August 1970 to August 1971.

7.  He was honorably released from active duty on 12 August 1971.  His DD Form 214 shows he completed 1 year and 1 month of net active service, of which 1 year was credited as foreign service.  Additionally, item 24 of his DD Form 214 shows he was awarded of authorized the:

* Air Medal
* Army Commendation Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Aviation Badge
* two overseas service bars

8.  General Orders Number 6430, issued by Headquarters, 1st Aviation Brigade, Vietnam on 22 September 1971, awarded him the Air Medal (2nd through 27th Award) for meritorious achievement while participating in aerial flight, during the period 2 September 1970 to 3 August 1971.

9.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13 contains the regulatory guidance on the Vietnam Service Medal and states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following two campaigns:

* Vietnam Counteroffensive, Phase VII (1 July 1970 - 30 June 1971)
* Consolidation I (1 July 1971 - 30 November 1971)

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 for the period ending 12 August 1971 to show he was awarded the Bronze Star Medal with 1st Oak Leaf Cluster was carefully considered.

2.  General orders awarded him the Bronze Star Medal (2nd Award) with "V" Device and the Air Medal (27th Award).  These individual awards are not shown on his DD Form 214; therefore, he is entitled to correction of his 
DD Form 214 to show them.  

3.  The evidence of record shows he participated in two campaigns while serving in Vietnam; therefore, he is entitled to correction of his DD Form 214 to show two bronze service stars affixed to his previously-awarded Vietnam Service Medal.

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 amending his DD Form 214 by:

	a.  deleting from item 24 the Bronze Star Medal, the Air Medal, and the Vietnam Service Medal; and 
	b.  adding to item 24 the:

* Bronze Star Medal (2nd Award) with "V" Device
* Air Medal (27th Award)
* Vietnam Service Medal with two bronze service stars




      ___________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)                                         AR20150000119





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20150000119



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2011 | 20110011178

    Original file (20110011178.txt) Auto-classification: Approved

    BOARD DATE: 17 November 2011 DOCKET NUMBER: AR20110011178 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 16 September 1971 shows the: * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal * Army Aviator Badge * Army Good Conduct Medal * Air Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Two...

  • ARMY | BCMR | CY2011 | 20110023659

    Original file (20110023659.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: * Distinguished Flying Cross with 2nd Oak Leaf Cluster * Army Good Conduct Medal (1st Award) * Air Medal (25th-51st Award) * Air Medal with "V" Device (52nd-53rd Award) * Republic of Vietnam Gallantry Cross with Gold Star * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Expert...

  • ARMY | BCMR | CY2010 | 20100019035

    Original file (20100019035.txt) Auto-classification: Approved

    The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 July 1988 be amended to show he was awarded the Air Medal (AM) (28th Award). As a result, when he was awarded subsequent awards of AM (2nd through 27th Award) for the next periods of service, the orders should have read, "3rd through 28th Award." Section VI," to read: "AM (3rd through 28th Award);" c. deleting the following awards from item 13 of his DD Form 214 for...

  • ARMY | BCMR | CY2014 | 20140006162

    Original file (20140006162.txt) Auto-classification: Approved

    The evidence of record shows the applicant was awarded two awards of the Air Medal and these awards are recorded on his DD Form 214. The applicant's service record does not show he was disqualified from receiving the first award of the Army Good Conduct Medal for the period 8 September 1969 through 11 April 1971. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the Air Medal (2nd Award) and Vietnam Service...

  • ARMY | BCMR | CY2010 | 20100027458

    Original file (20100027458.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 16 December 1971 to show: * he enlisted in the Regular Army (RA) on 10 June 1969 instead of 10 June 1971 * service in the Republic of Vietnam (RVN) from March 1970 through December 1971 * two awards of the Bronze Star Medal * 2nd through 9th Award of the Air Medal 2. However, the evidence of record does not show and he has not provided evidence...

  • ARMY | BCMR | CY2014 | 20140000899

    Original file (20140000899.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded the Bronze Star Medal (BSM) with "V" Device, the Air Medal (AM) (2nd and 3rd Awards), and the Republic of Vietnam (RVN) Gallantry Cross with Bronze Star. The 57th Aviation Company was awarded the Valorous Unit Award, RVN Gallantry Cross with Palm Unit Citation, and RVN Civil Actions Honor Medal First Class Unit Citation by general orders during his...

  • ARMY | BCMR | CY2012 | 20120010603

    Original file (20120010603.txt) Auto-classification: Approved

    BOARD DATE: 3 January 2013 DOCKET NUMBER: AR20120010603 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The DD Form 214 he was issued at the time shows in: a. item 24 (Decoration, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) he was awarded the Vietnam Service Medal, National Defense Service Medal, Army Aviator Badge, Air Medal (first to fourth awards) with Device, and Republic of Vietnam Campaign Medal with "1960" Device. As a result, the Board...

  • ARMY | BCMR | CY2011 | 20110010929

    Original file (20110010929.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: * His foreign service in Vietnam from 8 August 1969 to 7 August 1970 instead of 8 November 1969 to 7 August 1970 * Awards of the: * Combat Infantryman Badge * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Bronze Star Medal with "V" Device * Soldier's Medal of Appreciation 2. The evidence of record shows he was awarded the Vietnam Service Medal. ...

  • ARMY | BCMR | CY2009 | 20090015546

    Original file (20090015546.txt) Auto-classification: Approved

    Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973. This order authorizes the award to the 13th Aviation Battalion during the time of the applicant's service. Records show that the applicant participated in six campaign periods during his service in the Republic of Vietnam.

  • ARMY | BCMR | CY2003 | 2003088680C070403

    Original file (2003088680C070403.rtf) Auto-classification: Approved

    DA Pamphlet 672-3 also shows that the 116th Aviation Company, the unit the applicant was assigned to for the period 17 May through 11 November 1971 was awarded the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, for the period 1 May 1969 through 15 May 1970 by Department of the Army General Order 55, dated 1971, and the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the period 1 April through 30 June 1971, by DAGO 6, 1974. The evidence of...