IN THE CASE OF: BOARD DATE: 28 April 2016 DOCKET NUMBER: AR20150009776 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 IN THE CASE OF: BOARD DATE: 28 April 2016 DOCKET NUMBER: AR20150009776 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: a. deleting from his DD Form 214 for the period ending 26 February 1971 the Air Medal and Vietnam Service Medal and b. adding the: * Bronze Star Medal * Army Commendation Medal * Air Medal with Numeral 17 * Vietnam Service Medal with four bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation _______ _ _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. IN THE CASE OF: BOARD DATE: 28 April 2016 DOCKET NUMBER: AR20150009776 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 Air Medal (AM) with Numeral 17. 2. The applicant states: * his flight record shows his completion of 845 flight hours in combat in Vietnam between April 1968 and April 1969 * an AM is awarded upon completion of 50 hours of flight in combat support * based upon his hours in flight, he earned seventeen AMs 3. The applicant provides a copy of his Individual Flight Record and Certificate and his DD Form 214. 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 appointed a second lieutenant in the United States Army Reserve (USAR) on 29 July 1966. He entered active duty on 15 September 1966 and was trained in and awarded area of concentration 1980 (Fixed Wing Aviator). 3. His record shows he was assigned for duty in the Republic of Vietnam (RVN) from 7 April 1968 to 6 April 1969, with the 74th Aviation Company. It also shows Headquarters, 1st Aviation Brigade, issued him the following award orders: * General Orders (GO) Number (#) 3546, dated 5 June 1968, announced the award of the AM for meritorious achievement while participating in aerial flight from 12 - 21 April 1968 * GO# 1867, dated 24 April 1969, announced the award of the AM (First thru Sixteenth Oak Leaf Clusters) for meritorious achievement while participating in aerial flight from 23 April 1968 to 30 March 1969 * GO # 2057, dated 3 May 1969, announced the Bronze Star Medal (BSM) for meritorious service in connection with military operations against a hostile force from April 1968 to April 1969 * GO #3254, dated 10 July 1969, announced the award of the Army Commendation Medal (ARCOM) for meritorious achievement in connection with military operations against a hostile force from 22 February to 5 April 1969 4. On 26 February 1971, the applicant was honorably released from active duty with 4 years, 5 months, and 12 days of creditable active service of which 1 year was foreign service. His DD Form 214 for this period of active duty service shows he was awarded or authorized the following awards: * National Defense Service Medal * Army Aviator Badge * Vietnam Service Medal (VSM) * RVN Campaign Medal * AM * 2 Overseas Service Bars REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, unit decorations, and similar devices awarded in recognition of accomplishments. a. Paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal. It states, in pertinent part, that 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, the applicant participated in the following four campaigns: * Vietnam Counteroffensive Phase IV (2 April – 30 June 1968) * Vietnam Counteroffensive Phase V (1 July - 1 November 1968) * Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969) * Tet 69, Counteroffensive, 1969 (23 February - 8 June 1969) b. Paragraph 3-17 states the AM is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight. 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. 2. Department of the Army General Order Number 8, dated in 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation (RVNGC) to all personnel assigned to the RVN from 8 February 1962 through 28 March 1973. DISCUSSION: 1. The evidence of record contains an official order announcing the applicant’s award of the AM with first through 16th OLCs. Arabic numerals are now used with the AM starting with the numeral 2 to denote the second award instead of the OLC. Therefore, the applicant’s claim is corroborated by the evidence of record and his DD Form 214 should be corrected at this time to show the AM with Numeral 17. 2. The evidence of record also includes official orders announcing the applicant’s award of the BSM and ARCOM; neither of which are currently listed on his DD Form 214. As a result these awards should be added to his DD Form 214. 3. Finally, based on the applicant’s RVN service he is entitled to the RVNGC and four bronze service stars with his already-awarded VSM. Accordingly, these awards should be added to 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) AR20150009776 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150009776 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2