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
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ABCMR Record of Proceedings (cont) AR20150000119
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