IN THE CASE OF: BOARD DATE: 4 April 2017 DOCKET NUMBER: AR20150017000 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: 4 April 2017 DOCKET NUMBER: AR20150017000 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 Army Good Conduct Medal (1st Award) for the period 7 July 1967 through 26 September 1969 and b. adding to his DD Form 214 – * Army Good Conduct Medal (1st Award) * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * one silver service star and one bronze service star to be affixed to his already-awarded Vietnam Service Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) ___________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: 4 April 2017 DOCKET NUMBER: AR20150017000 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 all of his authorized awards, including a Marksmanship Qualification Badge for the M-16 rifle. 2. The applicant states some of his awards are currently missing from his DD Form 214. He recently reviewed another Soldier's DD Form 214 and DD Form 215 (Correction to DD Form 214) who he served with during Vietnam and that Soldier received more awards. 3. The applicant provides a copy of his DD Form 214 and a history of the 244th Aviation Company (Aerial Surveillance), 307th Combat Aviation (Phantom) Battalion, 1st Aviation Brigade. 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. On 7 July 1967, the applicant enlisted in the Regular Army for 4 years. He completed training as an airplane mechanic. He was assigned to duty in Vietnam with the 156th Aviation Company, 224th Aviation Battalion (Radio Research) from 20 January 1968 through 21 March 1969. 3. He participated in the following six campaigns: * Vietnam Counteroffensive, Phase III Campaign, which extended from 1 June 1967 through 29 January 1968 * Tet Counteroffensive Campaign, which extended from 30 January through 1 April 1968 * Vietnam Counteroffensive, Phase IV Campaign, which extended from 2 April through 30 June 1968 * Vietnam Counteroffensive, Phase V Campaign, which extended from 1 July through 1 November 1968 * Vietnam Counteroffensive, Phase VI Campaign, which extended from 2 November 1968 through 22 February 1969 * Tet 69 Counteroffensive Campaign, which extended from 23 February through 8 June 1969 4. On 22 March 1969, the applicant departed Vietnam and he was then assigned to a hospital in Virginia. He was subsequently transferred to the Medical Holding Company, Fort Dix, New Jersey. 5. On 26 September 1969, the applicant was honorably discharged under the provisions of Army Regulation 635-40 (Disability Evaluation for Retention, Retirement, or Separation). His DD Form 214 shows the following awards: * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal * Two Overseas Service Bars * Sharpshooter Marksmanship Qualification Badge Rifle (M-14) * Aircraft Crew Member Badge 6. The applicant's DA Form 20 (Enlisted Qualification Record) shows his conduct and efficiency ratings were excellent throughout his service. The form also shows he qualified as a Sharpshooter with the M-16 rifle. 7. There is no evidence in his records of any court-martial convictions, unfavorable personnel actions, or statements that would justify his disqualification for award of the Army Good Conduct Medal. REFERENCES: 1. Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, provided that the Army Good Conduct Medal 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. 2. Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign. A silver service star is authorized in lieu of five bronze service stars. 3. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. The unit to which the applicant was assigned was cited for the Meritorious Unit Commendation for the period 1 May 1967 to 30 June 1969 by Department of the Army General Order (DAGO) Number 2, dated 1971. 4. Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973, and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973. DISCUSSION: 1. The applicant served in Vietnam during six campaigns. His DD Form 214 does not show the silver and bronze service stars he is authorized for wear with his Vietnam Service Medal. 2. He served in a unit during a period for which the unit was cited for award of the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. These unit awards are not shown on his DD Form 214. 3. He qualified as a Sharpshooter with the M-16 rifle. The Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) was not listed on his DD Form 214. 4. He had all "excellent" conduct and efficiency ratings and his record shows no evidence of misconduct. The evidence indicates his service satisfied the criteria for award of the Army Good Conduct Medal (1st 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) AR20150017000 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017000 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2