IN THE CASE OF:
BOARD DATE: 13 October 2015
DOCKET NUMBER: AR20150003295
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 Distinguished Flying Cross (DFC) and the Purple Heart (PH).
2. He states he received these awards, but they are not listed on his
DD Form 214.
3. He provides his DD Form 214 and a memorandum, subject: Awards and Decorations, dated 3 March 1968.
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 enlisted in the Regular Army on 23 August 1966. He served in the Republic of Vietnam (RVN) from 15 March to 16 December 1967 and he was assigned to the 281st Aviation Company, 10th Combat Aviation Battalion. He served 3 years of total active duty and he was honorably released from active duty on 22 August 1969.
3. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.
4. His DD Form 214 shows the:
* National Defense Service Medal
* Vietnam Service Medal (VSM)
* RVN Campaign Medal with Device (1960)
* Air Medal
5. General Orders Number 81, issued by the 71st Evacuation Hospital, dated
15 December 1967, awarded the applicant the PH for wounds received in action on 14 December 1967 in the RVN.
6. General Orders Number 1260, issued by Headquarters, 1st Aviation Brigade, dated 7 March 1968, awarded the applicant the Air Medal (AM) (1st through 6th Oak Leaf Cluster) for the period 18 July to 12 December 1967.
7. General Orders Number 2473, issued by Headquarters, 1st Aviation Brigade, dated 28 April 1968, awarded the applicant the DFC for heroism while participating in aerial flight on 14 December 1967 in the RVN.
8. General Orders Number 91, issued by Headquarters, 12th Support Brigade, Fort Bragg, NC awarded the applicant the Army Good Conduct Medal (AGCM) (1st Award) for the period 23 August 1966 to 22 August 1969.
9. Appendix B of Army Regulation 600-8-22 (Military Awards) states a bronze service star is awarded for wear on the VSM for participation in each campaign. Appendix B shows participation credit was awarded for the following campaigns coinciding with the applicant's service in Vietnam:
* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
10. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units that served in the Vietnam War. This pamphlet shows the 281st Aviation Company, to which he was assigned, was cited for the Meritorious Unit Commendation by Department of the Army General Orders (DAGO) Number 17, dated 1968 and the RVN Gallantry Cross with Palm Unit Citation by DAGO Number 22, dated 1968.
11. Army Regulation 600-8-22 states Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the AM. The numeral 2 denotes the second award of the AM.
DISCUSSION AND CONCLUSIONS:
1. Orders awarded the applicant the PH, AM (6th Award), DFC, and AGCM.
2. His DA Form 20 verifies that he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.
3. Based on the evidence, it appears that he is entitled to the Meritorious Unit Commendation and the RVN Gallantry Cross with Palm Unit Citation.
4. The evidence also shows he participated in two campaigns during his service in Vietnam. Therefore, he is authorized two bronze service stars for wear on his already-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:
a. deleting from his DD Form 214 the Vietnam Service Medal and
b. adding to his DD Form 214 the:
* Purple Heart
* Distinguished Flying Cross
* Air Medal (6th Award)
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
_______ _ _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.
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