ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 7 August 2020 DOCKET NUMBER: AR20200000055 APPLICANT REQUESTS: his Air Medal be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending on 19 November 1970. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Air Medal Certificate * DD Form 214 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, U.S. Code, section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states there was an error when completing his DD Form 214. His Air Medal was left off. 3. The applicant's service records contain the following documents for the Board's consideration: a. His DD Form 214 which shows: * he was inducted into the Army on 10 December 1968 * his military occupational specialty was 11F40 (operations intelligence) * he served 1 year, 11 months, and 8 days * in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), no entry for the Air Medal * he was released on 19 November 1970 b. A DA Form 20 (Enlisted Qualification Record), which shows in: * Item 31 (Foreign Service) he served in Vietnam from 11 December 1969 through 26 June 1970 * item 41 (Awards and Decorations), no entry for the Air Medal c. The applicant's available service record is void of an Air Medal Certificate or information showing he was on flying status. 4. The applicant provides the following documents for the Board's consideration: a. An Air Medal Certificate, dated 8 April 1970 which shows the applicant received the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam during the period 22 November 1969 to 5 January 1970. b. His DD Form 214, which was present in the applicant's service record. 5. A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command, failed to reveal any orders that show the applicant was awarded the Air Medal. 6. Though the applicant did not request it, a review of his records shows he never received the Army Good Conduct Medal (AGCM). The applicant's DA Form 20 shows he was rated "excellent" in conduct and efficiency. His record is void of disciplinary actions. 7. See applicable references below. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found the requested relief is warranted. 2. The Board reviewed the Air Medal Certificate the applicant provided and noted the period for the award coincides with his service in Vietnam and it is signed by a proper authority. In the absence of orders, the Board found the certificate sufficient as a basis for adding the award to his DD Form 214. 3. The Board found the applicant met the criteria for the Army Good Conduct Medal (1st Award). The Board determined he should receive this award and it should be added to his DD Form 214. 4. The Board concurred with the corrections addressed in Administrative Note(s) below. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X XI GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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: * awarding him the Army Good Conduct Medal (1st Award) for the period 10 December 1968 to 19 November 1970 * adding to his DD Form 214 the Air Medal and Army Good Conduct Medal (1st Award) * also making the corrections to his DD Form 214 described in Administrative Note(s) below X________________________________ 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. ADMINISTRATIVE NOTES: 1. Reference the enclosed request for correction of military records, correct the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending on 19 November 1970 by: a. deleting the Vietnam Service Medal b. adding the following awards: * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Vietnam Service Medal with 2 Bronze Service Stars 2. The following documents are sufficient to justify correction of the DD Form 214 without action by the Board. * General Order Number 6, 1974 * DA Form 20 (Enlisted Qualification Record) which shows Vietnam Summer-Fall 1969, 9 June 1969 through 31 October 1969 and DA Sanctuary Counteroffensive, 1 May 1970 through 30 June 1970 * DD Form 214 REFERENCES: 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. 2. Army Regulation 672-5-1 (Awards), in effect at the time, states the AGCM was awarded for each 3-year period 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. 3. Army Regulation 600-8-22 (Military Awards) states The Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight. This award is primarily intended for personnel on flying status but may also be awarded to those personnel whose combat duties require them to fly; for example, personnel in the attack elements of units involved in air-land assaults against an armed enemy. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.