IN THE CASE OF: BOARD DATE: 19 July 2016 DOCKET NUMBER: AR20150011516 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: 19 July 2016 DOCKET NUMBER: AR20150011516 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 item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 the Legion of Merit (1st Oak Leaf Cluster), Air Medal (29th Award), and Vietnam Service Medal; and b. adding to item 26 of his DD Form 214 the– * Legion of Merit (3rd Award) * Air Medal (29th Award) with "V" Device * Master Army Aviator Badge * Vietnam Service Medal with one silver service star and one bronze service star __________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: 19 July 2016 DOCKET NUMBER: AR20150011516 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 (Report of Separation from Active Duty) to show award of the Legion of Merit (3rd Award), Master Aviator Badge, and addition of the "V" Device to his Air Medal (29th Award). 2. The applicant states that these awards are not listed on his DD Form 214. 3. The applicant provides copies of orders showing award of the Air Medal (11th Award) with "V" Device, Master Army Aviator Badge, and Legion of Merit (3rd Award). 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 commissioned as a second lieutenant in the Regular Army on 1 June 1956. 3. His DA Form 66 (Officer Qualification Record) shows he served in Vietnam from 10 March 1967 through 28 April 1968 and from 20 July 1971 through 6 January 1972. The Legion of Merit (3rd Award), Master Aviator Badge, and the Air Medal (11th Award) with "V" Device are not listed among his authorized awards. Item 18 (Record of Assignments) shows that during his service in Vietnam he was assigned to– * 173rd Aviation Company from 13 March to 28 July 1967 * Headquarters and Headquarters Detachment, 11 Aviation Battalion, from 29 July to 21 November 1967 * 173rd Aviation Company from 22 November 1967 to 23 May 1968 * Headquarters and Headquarters Battery, 4th Battalion, 77th Artillery, 101st Airborne Division from 27 July 1971 to 30 January 1972 4. He was retired as a colonel/O-6 effective 31 December 1978. He had completed 22 years and 7 months of active duty service. The Legion of Merit (3rd Award), Master Aviator Badge, and the Air Medal (11th Award) with "V" Device are not listed among his authorized awards on his DD Form 214; however the Vietnam Service Medal is listed. 5. In support of his request, the applicant provides copies of: a. General Orders 1711, 1st Aviation Brigade, dated 27 March 1968, announcing he was awarded the Air Medal (11th Oak Leaf Cluster) with "V" Device. b. U. S. Army Military Personnel Center, Alexandria, Virginia, memorandum subject: Designation of Master Army Aviator, dated 20 November 1974, showing he was awarded the Master Army Aviator Badge effective 20 November 1974. c. Permanent Orders 50-2, Headquarters, U. S. Army Materiel Development and Readiness Command, Alexandria, Virginia, dated 21 September 1978, showing he was awarded the Legion of Merit (3rd Award) for the period April 1973 to September 1978. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. A silver service star is authorized in lieu of five bronze service stars. 2. The applicant's service in Vietnam coincides with the following 6 campaign periods– * Counteroffensive Phase II 1 July 1966 - 31 May 1967 * Counteroffensive Phase III 1 June 1967 - 29 January 1968 * Tet Counteroffensive - 30 January - 1 April 1968 * Counteroffensive Phase IV 2 April - 30 June 1968 * Consolidation I 1 July - 30 November 1971 * Consolidation II 1 December 1971 - 29 March 1972 DISCUSSION: 1. The evidence shows he was awarded the Legion of Merit (3rd Award), Master Army Aviator Badge, and the Air Medal with "V" Device. 2. He participated in 6 campaigns during his service in Vietnam. Therefore, he is authorized one silver service star and one bronze service star with his already-awarded Vietnam Service Medal. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150011516 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150011516 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2