IN THE CASE OF: BOARD DATE: 1 December 2015 DOCKET NUMBER: AR20150004591 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. 2. The applicant states, in effect, he was awarded the Air Medal but it is not shown on his DD Form 214. 3. The applicant provides copies of the citation and certificate for this 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 inducted into the Army of the United States on 4 August 1965 and he held military occupational specialty 11C (Infantry Indirect Fire Crewman). 3. Special Orders (SO) Number 135, issued by Headquarters, 2nd Training Brigade, U.S. Army Training Center, Fort Gordon, GA on 23 September 1965 awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14). 4. SO Number 222, issued by Headquarters, U.S. Army Training Center, Fort Dix, NJ, on 26 November 1965 awarded him the 2nd Class Gunner (Marksman) Marksmanship Qualification Badge with Mortar Bar (81 mm). 5. He served in Vietnam from on or about 25 December 1965 to 21 December 1966. He was assigned to Company A, 2nd Battalion, 7th Cavalry, 1st Cavalry Division. 6. General Orders (GO) Number 318, issued by Headquarters, 1st Cavalry Division, on 25 January 1967, awarded him the Air Medal for meritorious achievement from December 1965 to December 1966. 7. On 3 August 1967, he was honorably released from active duty at the expiration of his term of service in the rank/grade of specialist four (SP4)/E-4. He completed 2 years of total active service with no time lost. The DD Form 214 he was issued at the time shows he was awarded or authorized the: * Republic of Vietnam Campaign Medal * Vietnam Service Medal with 2 bronze service stars * Combat Infantryman Badge * National Defense Service Medal 8. Army Regulation 600-8-22 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 of this regulation shows that during his service in Vietnam, campaign participation credit was awarded for the Vietnam Counteroffensive (25 December 1965 - 30 June 1966) and Vietnam Counteroffensive Phase I (1 July 1966 – 31 May 1967) campaigns. 9. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) states during his assignment to the 2nd Battalion, 7th Cavalry, his unit was awarded the Presidential Unit Citation for service from 25 August 1966 to 4 April 1967 based on DAGO Number 2, dated 1973. 10. DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to: * Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 * Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973 11. A review of his service record shows no derogatory information that would disqualify him from receiving the Army Good Conduct Medal (1st Award). Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings during his military service. 12. 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. DISCUSSION AND CONCLUSIONS: 1. GO awarded the applicant the Air Medal during his service in Vietnam. This award is not shown on his DD Form 214. 2. He was awarded the Vietnam Service Medal. He also participated in two campaigns during his service in Vietnam. He meets the criteria to have two bronze service stars for wear on his already-awarded Vietnam Service Medal. 3. He met the criteria for award of the Army Good Conduct Medal by serving honorably from 4 August 1965 through 3 August 1967, serving in Vietnam, attaining the rank/grade of SP4/E-4, and receiving all "excellent" conduct and efficiency ratings throughout his military service. His record contains no derogatory information that would have disqualified him from receiving the first award of the Army Good Conduct Medal. 4. GO awarded his unit in Vietnam the Presidential Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment. Neither unit award is listed on his DD Form 214. 5. SO awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) and the Marksman Marksmanship Qualification Badge with Mortar Bar (81 mm). Neither badge is shown on his DD Form 214. BOARD VOTE: ___X_____ ___X_____ ____X____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was 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: * deleting from his DD Form 214 the Vietnam Service Medal * awarding him the Army Good Conduct Medal (1st Award) for the period 4 August 1965 through 3 August 1967 * adding to his DD Form 214 the: * Air Medal * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with two bronze service stars * Presidential Unit Citation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) * Marksman Marksmanship Qualification Badge with Mortar Bar (81 mm) _______ _ _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) AR20150004591 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004591 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1