IN THE CASE OF: BOARD DATE: 11 February 201 DOCKET NUMBER: AR20150007210 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 award of the Air Medal. 2. The applicant states upon his return from Vietnam he received two documents and the medal in the mail. At that time, he failed to notice his social security number was incorrect on the documents. He believes the typist made an honest mistake. 3. The applicant provides: * Air Medal Certificate and Citation * 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 2 December 1969 for a period of 2 years. He arrived in Vietnam on 22 November 1970. His DA Form 20 (Enlisted Qualification Record) shows he was assigned to the following units in Vietnam: * Company D, 2d Battalion, 501st Infantry Regiment, from 16 December 1970 to 17 January 1971 * 557th Infantry Platoon (Combat Tracker), 101st Airborne Division, from 18 January 1971 to 29 May 1971 * 77th Infantry Platoon, 1st Brigade, 5th Infantry Division (Mechanized), from 9 June 1971 to 11 June 1971 * 59th Infantry Platoon (Scout Dog) from 12 June 1971 to on or about 16 September 1971 3. He participated in two campaigns during his assignment in Vietnam. 4. Headquarters, 101st Airborne Division (Airmobile), General Orders Number 6007, dated 30 May 1971, awarded him the Air Medal. 5. On 21 September 1971, he was honorably released from active duty in the rank of specialist four after completing 1 year, 9 months, and 20 days of creditable active service with no lost time. 6. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Vietnam Service Medal (VSM) * Combat Infantryman Badge * Republic of Vietnam Campaign Medal with Device (1960) * one overseas service bar 7. There is no evidence indicating he was awarded the first award of the Army Good Conduct Medal (AGCM). There also is no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being awarded the AGCM. 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. 8. Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; 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. 9. Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the VSM for each credited campaign. 10. 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 59th Infantry Platoon (Scout Dog) was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period 1 April to 30 June 1971 by Department of the Army General Orders Number 6, dated 1974. DISCUSSION AND CONCLUSIONS: 1. Orders show the applicant was awarded the Air Medal. His DD Form 214 does not show this medal. 2. He was honorably released from active duty in the rank of specialist four with almost 22 months of total active service and no lost time. He received all "excellent" conduct and efficiency ratings throughout his service and he had no record of any disciplinary action or a commander's disqualification. It appears he met the eligibility criteria for the AGCM (1st Award) for the period 2 December 1969 through 21 September 1971 based on completion of a period of qualifying service ending with the termination of a period of Federal military service. He should be awarded the AGCM (1st Award) and his DD Form 214 should be corrected to show this award. 3. He participated in two campaigns during his assignment in Vietnam which authorizes him award of the Vietnam Service Medal with two bronze service stars. His DD Form 214 should be corrected to show these bronze service stars. 4. His Vietnam unit (59th Infantry Platoon) was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period in which he was assigned. His DD Form 214 does not show this unit award. BOARD VOTE: ____X____ ____X____ ___X_____ 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: a. awarding him the first award of the AGCM for the period 2 December 1969 through 21 September 1971, b. deleting award of the VSM from his DD Form 214, and c. adding the following awards to his DD Form 214: * Air Medal * AGCM (1st Award) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * VSM with two bronze service stars _____________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) AR20150007210 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150007210 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1