IN THE CASE OF:	  

		BOARD DATE:	  29 October 2015

		DOCKET NUMBER:  AR20150002023 


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 with 21st Oak Leaf Cluster (OLC) (i.e., 22nd Award).

2.  The applicant states he was awarded the Air Medal with 21st OLC and the Air Medal is not documented on his DD Form 214.  

3.  The applicant provides a copy of his Air Medal with 21st OLC 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 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 the cases 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.

2.  The applicant's military records show he enlisted in the Regular Army on 31 August 1963 and he held military occupation specialty 05H (Morse Interceptor).

3.  Special Orders (SO) Number 222, issued by the U.S. Army Training Center, Fort Leonard Wood, MO on 24 October 1963, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1).

4.  He served in:

* Japan from 9 May through 2 November 1964
* Vietnam from 3 November 1964 through on or about 7 June 1967, during two campaigns, and he was assigned to -

* 3rd Radio Research Unit (RRU) from 4 December 1964 through 22 June 1966
* 156th Aviation Company from 23 June 1966 through 7 June 1967

5.  SO Number 3, issued by the 224th Aviation Battalion on 4 January 1967, awarded him the Aircraft Crewman Badge.

6.  Headquarters, U.S. Army Vietnam, issued the following orders on/for:

* General Orders (GO) Number 1124, on 15 March 1967, awarding the 3rd RRU the Meritorious Unit Commendation (2nd Award) for meritorious achievement in Vietnam from January 1965 through May 1966
* GO Number 3389, awarding him the Air Medal with 20th OLC for meritorious achievement in Vietnam from 11 April through 12 May 1967
* The same GO (page 2) awarded him the Air Medal with 21st OLC for meritorious achievement from 12 to 21 May 1967

7.  He was honorably released from active duty on 10 June 1967 and he was transferred to the U.S. Army Reserve Control Group.  He was credited with completing 3 years, 9 months, and 10 days of net active service.  His DD Form 214 lists the:

* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Army Good Conduct Medal
* Vietnam Service Medal
* Vietnam Campaign Medal

8.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) lists all the awards listed on his DD Form 214 and the:

* Aircraft Crewman Badge
* Air Medal (14th Award)
* Meritorious Unit Commendation (2nd Award)
* Vietnam Service Medal with two bronze service stars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1)
* five overseas service bars

9.  Army Regulation 600-8-22 (Military Award) states a bronze service star is authorized for wear on the Vietnam Campaign Medal to denote campaign participation.

10.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows his units:

* the 3rd RRU, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 1 through 31 July 1966, by DAGO Number 21, dated 1969
* the 156th Aviation Company, was cited for award of the Meritorious Unit Commendation, for the period 1 June 1966 through 30 April 1967, by DAGO Number 1, dated 1969

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant the Air Medal with 21st OLC (i.e., 22nd Award) during his period of service in Vietnam.  This award is not shown on his DD Form 214.  

2.  SO awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1) and Aircraft Crewman Badge during his period of service.  These badges are not shown on his DD Form 214.

3.  He was awarded the Vietnam Service Medal.  He also participated in two campaigns during his service in Vietnam.  Therefore, the evidence supports correcting his DD Form 214 to show award of two bronze service stars to be worn on his already-awarded Vietnam Service Medal.

4.  GO awarded him and his unit, the 3rd RRU, the Meritorious Unit Commendation (2nd Award).  GO also awarded his unit, the 156th Aviation Company, the Meritorious Unit Commendation and none of these unit awards are listed on his DD Form 214.
5.  GO awarded his unit, the 3rd RRU, the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service with the unit in Vietnam.  This unit award should be listed on 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 from his DD Form 214 the Vietnam Service Medal and adding the:

* Air Medal with 21st OLC
* Meritorious Unit Commendation (3rd Award)
* Vietnam Service Medal with two bronze service stars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1)
* Aircraft Crewman Badge



      _______ _   __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)                                         AR20150002023



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ABCMR Record of Proceedings (cont)                                         AR20150002023


   
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