BOARD DATE: 14 September 2017 DOCKET NUMBER: AR20160002634 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: 14 September 2017 DOCKET NUMBER: AR20160002634 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 amending his DD Form 214 for the period ending on 29 July 1968 by: a. deleting the Vietnam Service Medal; and b. adding: * Bronze Star Medal * Air Medal (33rd Oak Leaf Cluster) with "V" Device * Army Commendation Medal * Vietnam Service Medal with three bronze service stars * Army Good Conduct Medal (1st Award) * Republic of Vietnam Gallantry Cross with Bronze Star * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) and Pistol (.38 caliber) Bars __________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: 14 September 2017 DOCKET NUMBER: AR20160002634 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) for the period ending on 29 July 1968 to show: * Bronze Star Medal (BSM) * Army Commendation Medal (ARCOM) * correct number of oak leaf clusters (OLC) for the Air Medal (AM) * Gallantry Cross with Bronze Star 2. He states he believes his record is missing an AM although he has an AM with 32rd OLC. He received a BSM on 16 September 1966, the Gallantry Cross with Bronze Star on 2 November 1966, and the ARCOM on 23 August 1968. 3. He does not provide any additional evidence. 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 (RA) on 14 January 1964. He was honorably discharged on 11 May 1965 for immediate reenlistment, which was accomplished the following day. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. 3. On 28 July 1965, he was honorably discharged from the RA to accept an appointment as a warrant officer, which he accepted the following day. 4. His DA Form 66 (Officer Qualification Record) shows he served in the Republic of Vietnam (RVN) from 9 September 1965 to 3 September 1966 and in Thailand from 10 March 1968 to 21 July 1968. It also shows in: a. Item 18 (Record of Assignments), he was assigned to the 114th Aviation Company (Airmobile) from 11 September 1965 to 20 July 1966 during his service in the RVN. b. Item 21 (Awards and Decorations), he was awarded the Army Good Conduct Medal (AGCM) (1st Award) by General Orders Number 52, issued by Headquarters, U.S. Army Aviation Brigade, dated 12 July 1965. 5. General Orders Number 321, issued by Headquarters, 1st Aviation Brigade, dated 16 September 1966, awarded the applicant the BSM for meritorious service in connection with military operations against a hostile force from 13 September 1965 to 8 September 1966. 6. General Orders Number 57, issued by Headquarters, 1st Aviation Brigade, dated 12 October 1966, awarded the applicant the AM with "V" Device (33rd OLC). 7. A letter, subject: Foreign Awards, dated 2 November 1966, shows the Gallantry Cross with Bronze Star was presented to the applicant for his heroic actions on 21 May 1966. The letter further stated the award was accepted, approved, and authorized for wear by the Commanding General, U.S. Army Vietnam. 8. Special Orders Number 6, issued by Headquarters, 21st Aviation Battalion, Fort Riley, KS, dated 31 January 1968, show he qualified as sharpshooter with the .38 caliber pistol. 9. Special Orders Number 7, issued by Headquarters, 21st Aviation Battalion, Fort Riley, KS, dated 3 February 1968, show he qualified as sharpshooter with the M16 Rifle. 10. General Orders Number 192, issued by Headquarters, U.S. Army Support, Thailand, dated 12 July 1968, awarded the applicant the ARCOM (1st Award) for meritorious service from 13 March 1967 to 21 July 1968. 11. He was honorably released from active duty on 29 July 1968. His DD Form 214 shows he completed 3 years and 1 day of active service this period. His authorized awards included: * National Defense Service Medal * Vietnam Service Medal (VSM) * RVN Campaign Medal with Device (1960) * Army Aviator Badge * AM (32rd OLC) * Purple Heart REFERENCES: 1. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units that served in the Vietnam War. This pamphlet shows the 114th Aviation Company, to which the applicant was assigned, was cited for the RVN Gallantry Cross with Palm Unit Citation for the period 1 March 1966 through 26 March 1967 by Department of the Army General Orders Number 22, dated 1968. 2. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. Appendix B states a bronze service star is awarded for wear on the VSM for participation in each campaign. His records indicate he participated in the following campaigns: * Vietnam Defense Campaign ( 8 March 1965 - 24 December 1965) * Vietnam Counteroffensive ( 25 December 1965 - 30 June 1966) * Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967) DISCUSSION: 1. Orders verify the applicant was awarded the BSM, AM (33rd OLC) with "V" Device , and the ARCOM. Additionally, orders verify he qualified as sharpshooter with the .38 caliber pistol and the M16 Rifle. These awards and weapons qualification badges are not listed on his DD Form 214. 2. The evidence shows he was authorized to accept and wear the RVN Gallantry Cross with Bronze Star, which was awarded to him by the RVN. This foreign award is not listed on his DD form 214. 3. The evidence shows he participated in three campaigns during his service in Vietnam. However, his DD Form 214 does not reflect the VSM with three bronze service stars. 4. The evidence of record shows he was assigned to the 114th Aviation Company during the period the unit was cited for award of the RVN Gallantry Cross with Palm Unit Citation. However, this award is not listed on his DD Form 214. 5. His DA Form 66 shows he was awarded the AGCM (1st Award). His DD Form 214 does not reflect this award. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002634 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002634 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2