IN THE CASE OF: BOARD DATE: 3 December 2015 DOCKET NUMBER: AR20150004977 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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the: * Air Medal (28th to 30th Oak Leaf Cluster (or 31st Award)) with "V" Device * Army Commendation Medal with "V" Device * Republic of Vietnam Cross of Gallantry with Bronze Star 2. The applicant states he believes his DD Form 214 is incomplete due to an administrative oversight. 3. The applicant provides two orders, two letters, a certificate, and a citation. 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 7 December 1964 and he held military occupational specialty 67N (Helicopter Mechanic). He served in Vietnam while assigned as follows from: * 6 September 1965 to 22 September 1966, 2nd Battalion, 9th Artillery Regiment and attached to Company A, 101st Aviation Battalion * 23 September 1966 to 2 October 1967, 336th Aviation Company, 13th Combat Aviation Battalion, 1st Aviation Brigade 3. On 22 November 1965, he received nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice, for violating the curfew regulation on 4 November 1965. He was promoted to the rank/grade of specialist five (SP5)/E-5 on 11 November 1966. 4. The applicant provides and his record contains: * Official Order Number 063, dated 8 November 1966, translated by a Vietnamese interpreter, stating he was awarded the Republic of Vietnam Gallantry Cross with Bronze Star for courageous action from 2 to 5 September 1966 * a memorandum, undated, from Headquarters (HQ), U.S. Army Vietnam, authorizing him to accept and wear the Vietnam Gallantry Cross with Bronze Star 5. The applicant provides and/or his record contains the following General Orders (GO) issued by Headquarters (HQ), 1st Aviation Brigade: * GO Number 85, dated 9 January 1967, awarding him the Air Medal (23rd  Award) with "V" Device for heroism on 24 September 1966 * GO Number 2743, dated 19 June 1967, awarding him the Army Commendation Medal with "V" Device for heroism on 26 March 1967 * GO Number 5013, dated 17 October 1967, awarding him the Air Medal (31st Award) 6. He was honorably released from active duty on 3 October 1967 in the rank of SP5. He completed 2 years, 9 months, and 27 days of total active service with no lost time. 7. The DD Form 214 he was issued shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Campaign Medal with Device (1960) * Air Medal (28th Award) * Vietnam Service Medal * Aircraft Crewmember Badge * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Purple Heart 8. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all ?excellent? conduct and efficiency ratings throughout his service, except for the periods 20 May to 17 July 1967 when he was hospitalized and 18 July to 5 August 1967 when he returned to the 336th Aviation Company after his hospitalization and he received "unknown" ratings. 9. Other than the one Article 15, his record is void of any derogatory information, convictions by a court-martial, or a commander's disqualification that would have precluded him from being recommended for or awarded the Army Good Conduct Medal (1st Award). 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 of less than 3 years but more than 1 year. The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial. "Unknown" ratings did not preclude the individual from receiving the Army Good Conduct Medal. 11. Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. A review of the applicant’s record shows that during his service in Vietnam he participated in four campaigns. 12. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows the 336th Aviation Company was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March 1966 through 26 March 1967, by Department of the Army General Orders (DAGO) Number 22, dated 1968. DISCUSSION AND CONCLUSIONS: 1. The evidence of record confirms GO awarded the applicant the Air Medal (31st Award) with "V" Device and Army Commendation Medal with “V” Device while his DD Form 214 only shows the Air Medal (28th Award). 2. His record shows he was awarded the Republic of Vietnam Gallantry Cross with Bronze Star and was authorized to accept and wear this foreign award. This award is not shown on his DD Form 214. 3. He served honorably from 7 December 1964 through 3 October 1967. He served heroically in Vietnam and received all “excellent” conduct and efficiency ratings throughout his military service, except for the period 20 May to 5 August 1967 when he was hospitalized then returned to his unit and received "unknown" ratings. Other than the NJP he received for a minor offense, his record is void of any derogatory information or a commander's disqualification that would have disqualified him from receiving the Army Good Conduct Medal. He meets the criteria for award of the Army Good Conduct Medal (1st Award) based on completion of a qualifying period of Federal military service. 4. His record confirms he participated in four campaigns during his service in Vietnam. He is authorized 4 bronze service stars for wear on his already-awarded Vietnam Service Medal. 5. GO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he was assigned to the unit. This award is not 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: * awarding him the Army Good Conduct Medal (1st Award) for the period 7 December 1964 through 3 October 1967 * deleting from his DD Form 214 the Air Medal (28th Award) and Vietnam Service Medal * adding to his DD Form 214 the: * Air Medal (31st Award) with "V" Device * Army Commendation Medal with “V” Device * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with 4 bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Gallantry Cross with Bronze 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. ABCMR Record of Proceedings (cont) AR20150004977 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004977 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1