IN THE CASE OF: BOARD DATE: 12 April 2016 DOCKET NUMBER: AR20150009250 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x____ ___x____ ___x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 12 April 2016 DOCKET NUMBER: AR20150009250 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial 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 Army Good Conduct Medal (1st Award) for the period 21 May 1968 through 20 May 1971, b. adding the following awards to his DD Form 214: * Air Medal * Army Good Conduct Medal (1st Award) * Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) c. issuing him a replacement Air Medal Certificate showing his social security number as shown on his DD Form 214. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to issuing a replacement Air Medal Citation. _____________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: 12 April 2016 DOCKET NUMBER: AR20150009250 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: a. correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Air Medal and b. correction of his Air Medal Certificate and Citation to show his social security number (SSN) as XXX-XX-. 2. The applicant states: a. He received a citation and certificate for award of the Air Medal. His name and rank are correct, but his SSN is incorrect. The SSN is listed as XXX-XX- and should read XXX-XX-. b. The Air Medal does not appear on his DD Form 214. c. The Vietnam War was unpopular in the 1960s and 1970s. He was discharged in 1971 and never looked back. Over the years this error haunted him, but life took over and he raised a family and became immersed in his career. He always felt this award was something he earned and means almost as much to him as his Combat Medical Badge. He wants to correct this error before he dies so his family understands the real truth about the sacrifices he made for our country. 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 21 May 1968. His DD Form 4 (Enlistment Contract – Armed Forces of the United States) shows his SSN as XXX-XX-. He arrived in Vietnam on 6 November 1968. He served as a medical corpsman while assigned to Headquarters and Headquarters Company, 4th Battalion, 21st Infantry Regiment, 11th Infantry Brigade, from 20 November 1968 through on or about 5 November 1969. 3. Headquarters, Americal Division, General Orders Number 11369, dated 3 November 1969, awarded him the Air Medal for the period 7 December 1968 to 12 June 1969. These orders show his SSN as XXX-XX-. 4. He provided an Air Medal Certificate and Citation for award of the Air Medal for meritorious achievement during the period 7 December 1968 to 12 June 1969. These documents show his SSN as XXX-XX-. 5. 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. 6. On 20 May 1971, he was honorably released from active duty in the rank/grade of specialist five/E-5 after completing 3 years of creditable active service with no lost time. His DD Form 214 shows his SSN as XXX-XX-. 7. His DD Form 214 further shows he was awarded or authorized the: * National Defense Service Medal * Army Commendation Medal * Vietnam Service Medal with four bronze service stars * Combat Medical Badge * Republic of Vietnam Campaign Medal with Device (1960) 8. There is no evidence indicating he was awarded 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. REFERENCES: 1. 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. 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 4th Battalion, 21st Infantry Regiment, was awarded the: * Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period 2 November 1968 to 28 February 1969 by Department of the Army General Orders Number 2, dated 1971 * Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period 24 August to 31 December 1969 by Department of the Army General Orders Number 42, dated 1972 3. Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information), states not more than one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn by any individual. Although wear of multiple awards of this unit citation is not authorized, official military personnel and historical records will show all awards received. DISCUSSION: 1. Orders show the applicant was awarded the Air Medal. His DD Form 214 does not show this medal. 2. His Air Medal orders for the period 7 December 1968 to 12 June 1969 show his SSN as XXX-XX-; however, his Air Medal Certificate and Citation show his SSN as XXX-XX-. Although he requested replacements for his Air Medal Certificate and Citation showing his SSN as XXX-XX-, the Air Medal Citation is no longer maintained in the Army forms inventory. 3. He was honorably released from active duty in the rank/grade of specialist five/E-5 with 3 years 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 first award of the AGCM for the period 21 May 1968 through 20 May 1971 based on completion of 3 years of continuous honorable enlisted active Federal military service. 4. His Vietnam unit was awarded two Republic of Vietnam Gallantry Cross with Palm Unit Citations during the period he was assigned. His DD Form 214 does not show these unit awards. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) @#!CASENUMBER 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150009250 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2