BOARD DATE: 23 March 2017 DOCKET NUMBER: AR20150016737 BOARD VOTE: ____x_____ __x_____ ___x__ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 23 March 2017 DOCKET NUMBER: AR20150016737 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: a. deleting from his DD Form 214 the Air Medal with 1st and 2nd oak leaf cluster and the Vietnam Service Medal; and b. adding to his DD Form 214: * Air Medal (5th Award) * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with 3 bronze service stars * Meritorious Unit Commendation * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) ___________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. BOARD DATE: 23 March 2017 DOCKET NUMBER: AR20150016737 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 the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) of her deceased husband, a former service member (FSM), by adding the following awards: * Air Medal (5th Award) * Army Good Conduct Medal (AGCM) * Vietnam Service Medal (VSM) with 3 bronze service stars * Meritorious Unit Commendation (MUC) * Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation * Sharpshooter Marksmanship Qualification Badge 2. The applicant states the omission of the above awards from the FSM’s DD Form 214 is an injustice and respectfully requests corrective action be taken to amend this document. 3. The applicant provides: * self-authored statement * Certificate of Death * National Personnel Records Center letter, dated 21 August 2015 * DD Form 214 * U.S. Army Reserve (USAR) Discharge Order * DA Form 24 (Service Record) * DA Form 20 (Enlisted Qualification Record) * two AM Citations * DA Form 2627-1 (Record of Proceedings Under Article 15, Uniform Code of Military Justice (UCMJ)) * five pages from Army Regulation 600-8-22 (Military Awards) * one page from DA Pamphlet 672-3 3 (Unit Citation and Campaign Participation Credit Register) 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 FSM was inducted into the Army of the United States and entered active duty, in the rank of private (PVT)/E-1 on 7 October 1964. During initial entry training (IET), on 5 April 1965, the applicant accepted non-judicial punishment under the provisions of Article 15, UCMJ, for violating Army Regulation 630-2 (Border and Curfew Violations). 3. His DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 23 July 1965 to 24 July 1966. a. Item 32 (Appointments and Reductions) shows he was promoted to the following ranks on the dates indicated: * private/E-2 – 7 October 1964 * private first class/E-3 - 17 June 1965 * specialist four/E-4- Temporary (T) – 20 January 1965 b. Item 38 (Record of Assignments) shows he: * was assigned to the 73rd Aviation Company from 30 July 1965 to 23 July 1966 * received excellent conduct and efficiency ratings at all of his active duty assignments b. Item 41 (Awards and Decorations) includes: * Aircraft Crewman Badge * VSM * AM with 1st and 2nd oak leaf cluster * National Defense Service Medal (NDSM) * Army Commendation Medal (ARCOM) 4. The FSM’s Official Military Personnel File (OMPF) is void of any derogatory information or a unit commander's disqualification that would have precluded him from receiving the AGCM. 5. His OMPF includes the following orders: a. Headquarters, 2nd Training Regiment, Basic, U.S. Army Training Center, Fort Leonard Wood, MO, Special Orders Number 246, dated 7 December 1964, showing he qualified as “sharpshooter” with the M-14 Rifle; and b. Headquarters, U.S. Army Vietnam, General Orders Number 4103, dated 24 June 1966, awarding him the AM (5th Award). 6. On 25 July 1966, the FSM was honorably released from active duty after completing 1 year, 9 months, and 19 days of active service of which 1 year and 2 days were foreign service in the U.S. Army Pacific (Vietnam). His DD Form 214 lists the following awards: * NDSM * ARCOM * AM with 1st and 2nd oak leaf cluster * VSM * Aircraft Crewman Badge REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy for individual and unit awards. a. Paragraph 2-13 contains the regulatory guidance on the VSM. 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 during the applicant’s service in Vietnam, he participated in the following three campaigns: * Vietnam Defense Campaign (8 March – 24 December 1965) * Vietnam Counteroffensive (25 December 1965 – 30 June 1966) * Vietnam Counteroffensive, Phase II (1 July 1966 – 31 May) b. Paragraph 3-17 of the awards regulation contains guidance on the AM. The version of the awards regulation in effect at the time the applicant served provided for awarding an oak leaf cluster to denote the second and subsequent awards of the AM. Under current regulatory guidance, numerals starting with 2 are used to denote the second and subsequent awards of the AM. c. Paragraph 9-14 of the awards regulation contains guidance on award of the RVN Campaign Medal with Device (1960). It states, in pertinent part, that this award is authorized for members who served in the RVN for 6 months or more during the period 1 March 1961 through 28 March 1973. 2. Army Regulation 672-5-1 (Awards), in effect at the time, provided that the AGCM was awarded to enlisted Soldiers who had completed a qualifying period of active duty enlisted service. 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. The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial. 3. Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. It confirms that during the applicant's tenure of assignment in the RVN, his unit (73rd Aviation Company) earned the MUC and RVN Gallantry Cross with Palm Unit Citation. DISCUSSION: 1. The applicant contends the FSM’s DD Form 214 should be corrected to show all of his earned awards. His OMPF includes two orders, one of which announces award of the AM (5th Award) and another which shows he qualified as a “sharpshooter” with the M-14 rifle. His DD Form 214 does not list this medal or the badge. 2. Although the FSM’s record shows he accepted NJP on 5 April 1965, for violating the Army’s border and curfew regulation during IET, there is no evidence of record that shows this minor offense was a true reflection of his overall record of service. Subsequent to the NJP, he was advanced to specialist four on 20 January 1965 and he was decorated several times. 3. Finally, his DA Form 20 shows he received all "excellent" conduct and efficiency ratings during all of his assignments and his record is void of a unit commander's disqualification that would have precluded him from being awarded the AGCM (1st Award). The evidence supports a conclusion that he met the requirements for this award for the period 7 October 1964 through 25 July 1966. 4. Records show the FSM participated in three campaigns during his service in Vietnam that entitles him to three bronze service stars for wear on his already-awarded VSM. In addition, based on the applicant’s service in the RVN, he is authorized the MUC, RVN Campaign Medal with Device 1960, and RVN Gallantry Cross with Palm Unit Citation. His DD Form 214 does not list these awards. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150016737 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150016737 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2