IN THE CASE OF: BOARD DATE: 23 July 2009 DOCKET NUMBER: AR20090002346 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 that the Air Medal with "V" Device and the Army Good Conduct Medal be shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 2. The applicant states he was awarded these medals but they do not appear on his DD Form 214. 3. The applicant provides copies of his DD Form 214 and a newspaper article describing his receipt of the Air Medal with "V" Device in support of his request. 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 inducted into the Army of the United States on 28 November 1966, completed training as an airborne sensor specialist, and served in Vietnam from 22 May 1968 to 18 November 1968 with the 131st Surveillance Aviation Company, 1st Aviation Brigade. He departed Vietnam after being credited with participation in three campaigns. 3. On 21 November 1968, he was separated with an honorable characterization of service and transferred to the U.S. Army Reserve Control Group (Annual Training). His DD Form 214 lists his authorized awards as the National Defense Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16), Republic of Vietnam Campaign Medal with Device (1960), Vietnam Service Medal, and one overseas service bar. 4. Headquarters, 1st Aviation Brigade, General Orders Number 6066, dated 3 September 1968, awarded him the Air Medal and Headquarters, 1st Aviation Brigade, General Orders Number 6203, dated 9 September 1968, awarded him the Air Medal with First Oak Leaf Cluster and "V" Device. 5. Headquarters, 212th Combat Support Aviation Battalion, General Orders Number 33, dated 17 October 1968, awarded him the Army Good Conduct Medal (First Award). 6. The applicant's record indicates entitlement to other awards as follows: a. Appendix B of Army Regulation 600-8-22 (Military Awards) shows the campaigns for Vietnam. During the applicant’s tour in Vietnam he participated in two campaigns. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. b. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant's unit was awarded the Valorous Unit Award based on Department of the Army General Orders Number 5, dated 1973. c. Department of the Army Pamphlet 672-3 shows the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974. 7. Army Regulation 600-8-22 provides that Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal. The numeral 2 denotes the second award of the Air Medal. DISCUSSION AND CONCLUSIONS: 1. The applicant states he was awarded the Air Medal with "V" Device and the Army Good Conduct Medal, but they do not appear on his DD Form 214. 2. He was awarded the Air Medal with First Oak Leaf Cluster and "V" Device (now shown as the Air Medal with Numeral "2" and "V" Device) and the Army Good Conduct Medal. They should be shown on his DD Form 214. 3. He is also authorized the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars for wear on the Vietnam Service Medal. These should also be shown 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 showing that, in addition to the awards already shown on his DD Form 214, he is authorized the Air Medal with Numeral 2 and "V" Device, Army Good Conduct Medal, Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars for wear on the Vietnam Service 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) AR20090002346 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090002346 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1