ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  19 June 2019

	DOCKET NUMBER:  AR20160014092


APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 30 November 1983 to show: 

* Air Medal (19th Award) and 2 V devices
* Army Commendation Medal (2nd Oak Leaf Cluster) and 2 “V” devices
* Meritorious Service Medal 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* General Orders (GO) Number 355 (Air Medal, 19th Award) and Certificate
* GO Number 8111 (Air Medal (1st Oak Leaf Cluster) and V Device) and Certificate 
* GO Number 7973 (Army Commendation Medal (1st Oak Leaf Cluster) with V Device, and Certificate
* Permanent Orders 116-1 (Meritorious Service Medal) and certificate 

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states, in effect, the awards were omitted. 

3.  The applicant's service records are not available for review with this case.  An exhaustive search was conducted to locate his service records, which are necessary in the processing of this case, to no avail.  He provides sufficient documents for the Board to conduct a fair and impartial adjudication of his case. 

4.  Review of the available service records shows: 

	a.  He previously served as an enlisted member of the U.S. Marine Corps from 29 February 1960 to 16 January 1964.  

	b.  He entered active duty (as an Army National Guard commissioned officer) on 9 May 1966.  

	c.  He served in Vietnam from around December 1967 to around December 1968.  He was assigned to the 281st Aviation Company, 1st Aviation Brigade. 

	d.  He again served in Vietnam around 1971 (exact dates are not available).  He was assigned to the 478th Aviation (Helicopter) Company, 1st Aviation Brigade. 

	e.  He served in a variety of stateside or overseas assignments and attained the rank of lieutenant colonel (LTC).  

	f.  He retired on 30 November 1983 and was placed on the retired list in his retired grade of LTC on 1 December 1983.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was awarded o authorized the: 

* National Defense Service Medal
* Good Conduct Medal
* Bronze Star Medal (1st Oak Leaf Cluster) 
* Republic of Vietnam Campaign Medal 
* Vietnam Service Medal
* Air Medal (1st through 16th) with 1 "V" Device) 
* Valorous Unit Award
* Distinguished Flying Cross
* Army Commendation (2nd Oak Leaf Cluster) and 1 "V" Device) 
* Master Army Aviator Badge
* Vietnamese Cross of Gallantry with Palm
* Legion of Merit
* Army Service Ribbon
* Overseas Service Ribbon

	g.  GO Number 7973, issued by Headquarters, 1st Aviation Brigade, Vietnam, on 1 December 1968 awarded him the Army Commendation Medal (1st Oak Leaf Cluster) with "V" Device for heroism on 19 January 1968.

	h.  GO Number 8111, issued by Headquarters, 1st Aviation Brigade, Vietnam, on 18 December 1968 awarded him the Air Medal (1st Oak Leaf Cluster) with "V" Device for heroism on 14 March 1969.

	i.  GO Number 355, issued by Headquarters, 1st Aviation Brigade, Vietnam, on 8 February 1972 awarded him the Air Medal (19th Award) for achievement from 23 May 1971 to 3 February 1972. 

	j.  Permanent Orders 116-1, issued by Headquarters, 9th Infantry Division, Fort Lewis, WA, on 15 June 1977 awarded him the Meritorious Service Medal for service from 3 September 1975 to 15 June 1977. 

5.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The bronze “V” device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze “V” device in conjunction with awards of the Army Commendation Medal, the Air Medal, and the Bronze Star Medal.  Although more than one award of the Army Commendation Medal, the Air Medal, or the Bronze Star Medal may be made for heroism to the same person, only one “V” device may be worn on awards of the Army Commendation Medal, the Air Medal, or the Bronze Star Medal.

	b.  An oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which are the Army Commendation Medal and Air Medal./ 

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that partial relief was warranted.  Based upon the documentary evidence provided by the applicant and found within the military service record, the Board concluded that granting the Air Medal (19th Award) “V” device and Meritorious Service Medal should be added to the applicant’s DD Form 214.  

However, the Board also concluded that there was insufficient evidence to award the Air Medal (19th Award) with 2 “V” Devices and the Army Commendation Medal with 2 “V” Devices.   

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

X	X	X	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 by:
* Deleting Air Medal (Numeral 1 through 16) w 1 "V" Device
* Adding Air Medal (19th Award) and "V" Device 
* Adding Meritorious Service Medal 

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to adding the Air Medal (19th Award) with 2 “V” Devices and the Army Commendation Medal with 2 “V” Devices.
	 
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.



REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.
2.  Army Regulation 600-8-22 (Military Awards) states the bronze “V” device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze “V” device in conjunction with awards of the Army Commendation Medal, the Air Medal, and the Bronze Star Medal.  Although more than one award of the Army Commendation Medal, the Air Medal, or the Bronze Star Medal may be made for heroism to the same person, only one “V” device may be worn on awards of the Army Commendation Medal, the Air Medal, or the Bronze Star Medal.

3.  Army Regulation 600-8-22 (Military Awards) states an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations.

ABCMR Record of Proceedings (cont)	 AR20160014092


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