BOARD DATE: 15 June 2017 DOCKET NUMBER: AR20160001992 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: 15 June 2017 DOCKET NUMBER: AR20160001992 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 as follows: * awarding him the Army Good Conduct Medal (1st Award) for exemplary service from 18 February 1971 through 20 November 1973 * deleting award of the Vietnam Service Medal from his DD Form 214 * adding the following awards to his DD Form 214 – * Bronze Star Medal * Air Medal * Army Commendation Medal * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with three bronze service stars * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Expert Marksmanship Qualification Badge with Mortar Bar * Marksman Marksmanship Qualification Badge with Automatic Rifle Bar ____________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: 15 June 2017 DOCKET NUMBER: AR20160001992 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 his authorized awards. 2. The applicant states he received most of his medals by mail after his discharge and after he received his DD Form 214. 3. The applicant provides a National Personnel Records Center (NPRC) letter, dated 27 August 2015, and 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 18 February 1971. He completed training as a helicopter repairman. He arrived in Vietnam on 13 September 1971 and he was assigned to the 282nd Assault Helicopter Company. He was transferred to the 608th Transportation Company on 25 January 1972. 3. He participated in the following three campaigns: * Consolidation I, which extended from 1 July through 30 November 1971 * Consolidation II, which extended from 1 December 1971 through 29 March 1972 * Vietnam Cease-Fire, which extended from 30 March 1972 through 28 January 1973 4. Headquarters, 1st Aviation Brigade, General Orders Number 1204 were published on 16 April 1972 awarding the applicant the Bronze Star Medal for meritorious service in connection with military operations against a hostile force from 15 September 1971 to 30 April 1972. 5. The applicant departed Vietnam for the United States on 12 September 1972. 6. Headquarters, 1st Aviation Brigade, General Orders Number 3082 were published on 21 October 1972 awarding him the Army Commendation Medal for meritorious service in connection with military operations against a hostile force from 14 September 1971 to 13 September 1972. 7. Headquarters, 1st Aviation Brigade, General Orders Number 3363 were published on 15 November 1972 awarding the applicant the Air Medal for meritorious achievement while participating in aerial flight from 4 July to 11 August 1972. 8. The applicant received all "excellent" conduct and efficiency ratings during his active duty service. There is no evidence in his records of any court-martial convictions, personnel actions, or statements that would justify disqualification for award of the Army Good Conduct Medal. 9. On 20 November 1973, the applicant was honorably discharged. Listed on his DD Form 214 are the following awards: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * two overseas service bars 10. The applicant provided a letter from the NPRC notifying his representative that he was authorized the following awards and upon the applicant’s personal request he would receive replacement sets: * Bronze Star Medal * Army Commendation Medal * Air Medal * Expert[UAu1] Marksmanship Qualification Badge with Mortar Bar * Republic of Vietnam Campaign Medal with Device (1960) * Marksman[UAu2] Marksmanship Qualification Badge with Automatic Rifle Bar * National Defense Service Medal * Vietnam Service Medal with three bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation REFERENCES: 1. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. The enlisted person must have had all “excellent” conduct and efficiency ratings. There must have been no convictions by a court-martial. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders. 2. 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 unit to which the applicant was assigned was cited for award of the Meritorious Unit Commendation for the period 1 August 1971 to 30 April 1972 by Department of the Army General Order Number 32, dated 1973. 3. Department of the Army General Orders 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 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973. 4. Army Regulation 600-8-22 (Military Awards) sets forth requirements for award of basic marksmanship qualification badges. The qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman – in which an individual has qualified in a prescribed record course. An appropriate bar is furnished to denote each weapon with which the individual has qualified. 5. Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign. DISCUSSION: 1. The applicant received all "excellent" conduct and efficiency ratings during his active duty service. There is no evidence in his records of any court-martial convictions, personnel actions, or statements that would justify disqualification for award of the Army Good Conduct Medal. It appears he meets the criteria for award of the Army Good Conduct Medal (1st Award). 2. Based on the publication of orders and military regulations, he is authorized additional awards or correction to already-awarded awards that are not currently listed on his DD Form 214. His additional authorized awards are as follows: * Bronze Star Medal * Air Medal * Army Commendation Medal * Vietnam Service Medal with three bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Expert Marksmanship Qualification Badge with Mortar Bar * Marksman Marksmanship Qualification Badge with Automatic Rifle Bar //NOTHING FOLLOWS// [UAu1]CE 9 – No documents provided from MJRJ to support the marksmanship awards by the analyst. It is listed on his DA Form 20, but only as qualifying. [UAu2]CE 9 – No documents provided from MJRJ to support the marksmanship awards by the analyst. It is listed on his DA Form 20, but only as qualifying. ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001992 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001992 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2