BOARD DATE: 4 October 2012 DOCKET NUMBER: AR20120005394 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 award of the Army Good Conduct Medal, Air Medal, and campaign credit for the Tet Offensive. 2. He states he received these awards while in Vietnam. He further states he received the Air Medal in 1967 while he was with the 52nd Medical unit as a door gunner. 3. He provides 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 enlisted in the Regular Army on 27 August 1965 for a period of 3 years. He completed training and he was awarded military occupational specialty (MOS) 76A (Supply Clerk). 3. His DA Form 20 (Enlisted Qualification Record) shows: a. he served in Korea during the period 24 January 1966 through 31 August 1966; b. he served in the Republic of Vietnam (RVN) from 1 September 1966 through 30 May 1968 while assigned to the 507th Transportation Group (Movement Control) in MOS 05C (radio teletype operator/team chief); c. he was promoted to the rank/grade of sergeant (SGT)/E-5 on 14 July 1967; d. he received all "excellent" conduct and efficiency ratings throughout his service; and e. he was awarded the RVN Campaign Medal with Device (1960), which is not listed on his DD Form 214. 4. On 14 April 1967, he accepted nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice (UCMJ) for failing to go at the time prescribed to his appointed place of duty, the communication section, on 13 April 1967 in Vietnam. 5. On 2 June 1968, he was honorably released from active duty as an overseas returnee. He completed 2 years, 9 months, and 7 days of total active service. The DD Form 214 he was issued at the time shows award of the: * National Defense Service Medal * Vietnam Service Medal * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) * two overseas service bars 6. His record is void of any orders or other documents that indicate he was ever recommended for or awarded the first award of the Army Good Conduct Medal by proper authority. Other that the one NJP of record, there is no other adverse information or a commander's disqualification that would have precluded the applicant from being recommended for or awarded the first award of the Army Good Conduct Medal. 7. His record is void of any orders or other documents that indicate he was ever assigned or attached to the 52nd Medical unit. His record is also void of any orders or documents that show he was ever recommended for or awarded the Air Medal by proper authority. 8. Review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for award of the Air Medal pertaining to the applicant. 9. There is no evidence of record and the applicant did not provide any evidence, such as flight logs or other documents, showing how many or what categories of missions he may have participated in. 10. Army Regulation 672-5-1 (Military Awards), in effect at the time, required that throughout a qualifying period of service for award of the Good Conduct Medal the enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. 11. Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments. It states: a. The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. b. Paragraph 2-13 contains the regulatory guidance on the Vietnam Service Medal. It states 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 II (1 July 1966 - 31 May 1967) * Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968) * Tet Counteroffensive (30 January - 1 April 1968) * Vietnam Counteroffensive Phase IV (2 April - 30 June 1968) c. The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more. d. The Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight. This award is primarily intended for personnel on flying status. As with all personal decorations, formal recommendations, approval through the chain of command and announcement in orders is required. 12. U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards), in effect at the time, provided guidelines for award of the Air Medal. It defined terms and provided guidelines for the award based upon the number and types of missions or hours. To be recommended for award of the Air Medal, an individual must have completed a minimum of 25 category I missions, 50 category II missions, or 100 category III missions. Since various types of missions would have been completed in accumulating flight time toward award of an Air Medal for sustained operations, different computations would have had to be made to combine category I, II, and III flight times and adjust it to a common denominator. 13. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows the 507th Transportation Group, the unit to which he was assigned, was cited for award of the Meritorious Unit Commendation for the period 1 January 1967 through 30 April 1969 by Department of the Army General Orders (DAGO) Number 39, dated 1970. 14. Department of the Army Pamphlet 672-3, paragraph 6d states DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973. DISCUSSION AND CONCLUSIONS: 1. The applicant completed a period of qualifying service ending with the termination of a period of Federal military service. He received all "excellent" conduct and efficiency ratings throughout his tenure of service. His records show that other than the one instance of NJP for a minor infraction, there are no other adverse actions recorded in the available records and no disqualification by his chain of command. Additionally, subsequent to his NJP action, he was promoted to SGT/E-5. Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) for the period 27 August 1965 through 2 June 1968 and to correct his DD Form 214 to show this award. 2. He contends he received the Air Medal while in Vietnam. However, his record is void of any orders or other documents that indicate he was ever recommended for or awarded the Air Medal by proper authority. There are no flight logs or other evidence in the available records and the applicant did not provide any to verify the number or categories of any missions he may have participated in during his service in Vietnam. Therefore, there is an insufficient evidentiary basis for granting this portion of his request. 3. He served in Korea during a qualifying period of service for the Korea Defense Service Medal. Therefore, his DD Form 214 should be corrected to show this award. 4. He participated in four campaigns (including the Tet Counteroffensive) while serving in Vietnam. Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars. 5. He served in Vietnam during a qualifying period of service for the RVN Campaign Medal with Device (1960). Therefore, his DD Form 214 should be corrected to show this award. 6. His unit was cited for award of the Meritorious Unit Commendation during his service in Vietnam. Therefore, his DD Form 214 should be corrected to show this unit award. 7. All units in the RVN were awarded the RVN Gallantry Cross with Palm Unit Citation during his period of service in Vietnam. Therefore, his DD Form 214 should be corrected to show this unit awards. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF __x___ ___x_____ ___x_____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented was sufficient to warrant a recommendation for partial 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 the Vietnam Service Medal; b. awarding him the Army Good Conduct Medal (1st Award) for the period 27 August 1965 through 2 June 1968; and c. adding to his DD Form 214 the: * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with four bronze service stars * Korea Defense Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation 2. The Board further determined that 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 to his DD Form 214. __________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) AR20120005394 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120005394 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1