IN THE CASE OF: BOARD DATE: 28 October 2014 DOCKET NUMBER: AR20140003828 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 Air Medal. 2. The applicant states the award is not listed on his DD Form 214. He has a certificate and a citation. 3. The applicant provides: * DD Form 214 * Certificate and citation for award of the Air Medal 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 23 December 1968 and he held military occupational specialty 11B (Light Weapons Infantryman). His DA Form 20 (Enlisted Qualification Record) shows he qualified marksman with the M-14 rifle on 11 February 1968 and he also qualified marksman with the M-16 rifle on 19 March 1969. 3. He served in Vietnam from 29 May to 26 August 1969. He was assigned to Company B, 2nd Battalion, 506th Infantry, 101st Airborne Division. 4. He was wounded in action on 5 August 1969. He was initially treated at the 106th General Hospital in Yokohama, Japan, but later evacuated to Walter Reed Army Medical Center. 5. Subsequent to a physical evaluation board that recommended his permanent retirement by reason of disability, he retired on 10 November 1969 and he was placed on the Retired List in his retired grade of private first class (PFC)/E-3 on 11 November 1969. 6. His DD Form 214 shows he completed 10 months and 18 days of active duty. This form also shows he was awarded or authorized the: * Purple Heart * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal * Combat Infantryman Badge * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) 7. He provides a certificate and an accompanying citation showing award of the Air Medal for meritorious achievement while participating in aerial flight in Vietnam on 4 August 1969. 8. General Orders Number 4023, issued by Headquarters, 101st Airborne Division on 11 April 1970 awarded him the Air Medal for meritorious achievement while participating in aerial flight. 9. A review of the applicant's service record shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal. Furthermore, item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings during his military service. 10. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service. The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial. For first award only, the Army Good Conduct Medal is authorized upon termination of service, on or after 27 June 1950, of less than 1 year when final separation was by reason of physical disability incurred in line of duty. 11. Appendix B of Army Regulation 600-8-22 (Military Awards) shows that during his service in Vietnam participation credit was awarded for the following campaigns. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. * Tet 69/Counteroffensive, 23 February - 8 June 1969 * Vietnam Summer - Fall 1969, 9 June - 31 October 1969 12. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his service with the 2nd Battalion, 506th Infantry Regiment, in Vietnam from 29 May to 26 August 1969, this unit was cited for awards of the: * Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 19 July 1968 to 14 May 1969, based on DA General Orders (DAGO) 43, dated 1970 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 3 October 1968 to 2 May 1970, based on DAGO 48, dated 1971 DISCUSSION AND CONCLUSIONS: 1. General orders awarded the applicant the Air Medal. This award is not listed on his DD Form 214. Therefore, he is entitled to correction of his DD Form 214 to show this award. 2. He was awarded the Vietnam Service Medal. Additionally, he participated in two campaigns during his service in Vietnam. Therefore, he is entitled to two 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. 3. DAGO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of service in Vietnam. Therefore, his DD Form 214 should be corrected to show these unit awards. 4. He served honorably during the period 23 December 1968 through 10 November 1969. He attained the rank of PFC/E-3, served in Vietnam and was wounded in action, and he received "excellent" conduct and efficiency ratings throughout his military service. Although he completed less than 1 year of active service, he was separated by reason of physical disability incurred in line of duty. Absent any derogatory information on file that would have disqualified him, it would be appropriate to award him the Army Good Conduct Medal (1st Award). His DD Form 214 should also be corrected to show this award. 5. He qualified marksman with the M-16 rifle. Therefore, he is entitled to award of the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) and correction of his DD Form 214 to show it. BOARD VOTE: ____X___ ____X___ ____X__ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 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: * awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 23 December 1968 through 10 November 1969 * deleting from his DD Form 214 the Vietnam Service Medal * adding the following awards to his DD Form 214: * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with two bronze service stars * Air Medal * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class 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. ABCMR Record of Proceedings (cont) AR20140003828 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140003828 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1