IN THE CASE OF: BOARD DATE: 14 April 2016 DOCKET NUMBER: AR20150008902 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 IN THE CASE OF: BOARD DATE: 14 April 2016 DOCKET NUMBER: AR20150008902 BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was 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 item 24 of his DD Form 214 the Vietnam Service Medal; b. awarding him the Army Good Conduct Medal (1st Award) for the period 29 July 1968 through 2 April 1970; and c. adding to item 24 of his DD Form 214 the: * Army Commendation Medal (2nd Award) * Air Medal * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with three bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Expert Marksmanship Qualification Badge with Rifle and Grenade 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. IN THE CASE OF: BOARD DATE: 14 April 2016 DOCKET NUMBER: AR20150008902 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 the Air Medal (AM) and two awards of the Army Commendation Medal (ARCOM). 2. He states the awards were accidentally omitted from his DD Form 214. 3. He provides: * General Orders (GO) Number 1555, dated 16 March 1970 and ARCOM Citation * General Orders (GO) Number 1997, dated 1 April 1970 and ARCOM Citation * AM Citation and Certificate, dated 13 June 1970 * 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 was inducted into the Army of the United States on 29 July 1968. 3. His DA Form 20 (Enlisted Qualification Record) shows he was assigned to the 134th Assault Helicopter Company [Aviation Company], Republic of Vietnam from 28 April 1969 to 29 March 1970. Item 41 (Awards and Decorations) shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and Grenade Bar. 4. General Orders Number 1555, issued by Headquarters, 1st Aviation Brigade, dated 16 March 1970 and citation show he was awarded the ARCOM for the period 26 August to 1969 to 15 September 1969 for meritorious achievement in connection with military operations against a hostile force. 5. General Orders Number 1997, issued by Headquarters, 1st Aviation Brigade, dated 1 April 1970 and citation show he was awarded the ARCOM for the period April 1969 to April 1970 for meritorious service in connection with military operations against a hostile force. 6. He was honorably released from active duty on 2 April 1970. His DD Form 214 shows he served in RVN from 16 April 1969 to 2 April 1970. He completed 1 year, 8 months, and 4 days of total active service, of which 11 months and 16 days were credited as foreign service. His DD Form 214 also shows the: * National Defense Service Medal * Vietnam Service Medal (VSM) * RVN Campaign Medal with Device (1960) * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) 7. General Orders Number 5670, issued by Headquarters, 1st Aviation Brigade, dated 30 June 1970 and citation and certificate show he was awarded the AM for the period 5 January 1970 to 3 April 1970 for meritorious achievement while participating in aerial flight in the RVN. 8. His record shows no evidence of nonjudicial punishments under Article 15 of the Uniform Code of Military Justice (UCMJ) and no evidence of courts-martial or any other type of adverse action. Additionally, his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service with two "Non-Rated" ratings as a student. REFERENCES: 1. Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, provided that the Army Good Conduct Medal (AGCM) was awarded to individuals who completed a qualified period of active duty enlisted service. This period was 3 years except in those cases when the period for the first award ended 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. Ratings of "unknown" for portions of the period under consideration were not disqualifying. 2. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows, Headquarters, United States Army Vietnam and its subordinate units [including the applicant's unit] were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 20 July 1965 to 28 March 1973, by Department of the Army General Order (DAGO) Number 8, dated 1974. 3. Appendix B of Army Regulation 600-8-22 (Military Awards) states that a bronze service star will be awarded for wear on the VSM for participation in each campaign. His records indicate he participated in the following campaigns: * Tet 69/Counteroffensive (23 February 1969 - 8 June 1969) * Vietnam Summer - Fall 1969 (9 June 1969 - 31 October 1969) * Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970) DISCUSSION: 1. General orders awarded him the AM and two awards of the ARCOM. These awards are not listed on his DD Form 214. 2. The evidence of record shows he received all "excellent" conduct and efficiency ratings and had two "non-rated" periods, which are not disqualifying. Additionally, he had no record of courts-martial, and no commander's disqualification for award of the AGCM. Therefore, it appears he meets the criteria for the first award of the AGCM for the period 29 July 1968 through 2 April 1970. 3. His DA Form 20 shows he was awarded the Expert Marksmanship Qualification Badge with Rifle and Grenade Bars. These weapon qualifications are not listed on his DD Form 214. 4. The evidence of record shows his unit in Vietnam was cited for award of the RVN Gallantry Cross with Palm Unit Citation during his period of assignment. This unit award is not listed on his DD Form 214. 5. The applicant participated in three campaigns during his service in Vietnam. He was already awarded the VSM, but the entry on his DD Form 214 does not show three bronze service stars. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150008902 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150008902 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2