BOARD DATE: 4 May 2017 DOCKET NUMBER: AR20160000580 BOARD VOTE: ___x______ ___x____ ___x___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 4 May 2017 DOCKET NUMBER: AR20160000580 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 Air Medal (5th Oak Leaf Cluster) * adding to his DD Form 214 – * Air Medal with "V" Device * Air Medal (6th through 24th Oak Leaf Clusters) * Army Commendation Medal * Presidential Unit Citation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) __________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. BOARD DATE: 4 May 2017 DOCKET NUMBER: AR20160000580 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 "V" Device with his first Air Medal and the addition of 6th through 24th oak leaf clusters. 2. The applicant states the orders were not available before his DD Form 214 was issued. 3. The applicant provides General Orders (GO) Number 2900, dated 3 June 1967 and GO Number 3406, dated 20 June 1967. 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 December 1965 and he held military occupational specialty 67N (Single Rotor Turbine Helicopter Mechanic). 3. Special Orders (SO) Number 097, issued by Headquarters, Fort Polk, LA on 13 April 1966, awarded the applicant the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60) and Marksman Marksmanship Qualification Badge with Rifle Bar (M-14). 4. He served in Vietnam from on or about 6 June 1966 to on or about 5 June 1967. He was assigned to Company A, 227th Aviation Battalion, 1st Cavalry Division. 5. GO Number 2900, issued by Headquarters, 1st Cavalry Division on 3 June 1967, awarded the applicant the Air Medal with "V" Device for heroism on 1 April 1967. 6. GO Number 3406, issued by Headquarters, 1st Cavalry Division on 20 June 1967, awarded the applicant the Air Medal (6th through 24th Oak Leaf Clusters). 7. GO Number 3993, issued by Headquarters, 1st Cavalry Division on 14 July 1967 awarded the applicant the Army Commendation Medal for service from June 1966 to June 1967. 8. SO Number 237, issued by Headquarters, 10th Aviation Group, on 13 November 1967, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). 9. He was honorably released from active duty in the rank/grade of sergeant/E-5 on 13 December 1967. His DD Form 214 shows he completed 1 year, 11 months, and 16 days of active service. He was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal with 2 bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) * Air Medal (5th Oak Leaf Cluster) * Aircraft Crewman Badge * 2 overseas service bars * Army Good Conduct Medal (1st Award) * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) REFERENCES: Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his tenure with A Company, 227th Aviation Battalion in Vietnam (June 1966 to June 1967) this unit was awarded: * Presidential Unit Citation for service from September 1965 to November 1966 by DAGO Number 2, dated 1973 * Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 9 August 1965 to 19 May 1969 by DAGO Number 59, dated 1969 DISCUSSION: 1. Orders awarded the applicant the Air Medal with "V" Device as well as the Air Medal (6th through 24th Oak Leaf Cluster). His DD Form 214 omitted the "V" Device and listed only the 5th Oak Leaf Cluster. 2. Orders awarded the applicant the Army Commendation Medal for service, which is not shown on his DD Form 214. 3. Orders awarded his unit the Presidential Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his assignment to the unit. These unit awards have not been added to his DD Form 214. 4. Orders awarded the applicant the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60) and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). Neither badge is listed on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000580 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000580 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2