BOARD DATE: 22 August 2017 DOCKET NUMBER: AR20160002622 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 BOARD DATE: 22 August 2017 DOCKET NUMBER: AR20160002622 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 8 January 1969 through 10 August 1970, b.  amending his DD Form 214 to show his date of birth as shown on his DD Form 398, c.  deleting award of the Vietnam Service Medal from his DD Form 214, and d.  adding the following awards to his DD Form 214: * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with four bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) 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 adding award of the Distinguished Flying Cross to his DD Form 214. __________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. BOARD DATE: 22 August 2017 DOCKET NUMBER: AR20160002622 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: a.  his date of birth as 7 June XXXX instead of 23 June XXXX and b.  award of the Distinguished Flying Cross. 2. The applicant states clerical errors were made on his DD Form 214. 3. The applicant provides: * Defiance County Veteran's Service Commission – Veteran's Affairs cover letter, dated 6 January 2016 * Headquarters, Americal Division, General Orders Number 12963, dated 21 December 1969 * DD Form 214 * birth certificate 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. His DD Form 398 (Statement of Personal History), dated 31 December 1968, shows he listed his date of birth as 7 June XXXX. 3. The applicant was inducted into the Army of the United States on 8 January 1969. 4. He served in Vietnam during the period 12 July 1969 through 10 August 1970. While in Vietnam, he was assigned to Troop D, 1st Squadron, 1st Cavalry Regiment, 123d Aviation Battalion, and he participated in four campaigns. 5. He provided copies of: a.  his birth certificate which shows his date of birth as 7 June XXXX and b.  Headquarters, Americal Division, General Orders Number 12963, dated 21 December 1969, which show he was awarded the Air Medal for the period 17 August 1969 to 28 October 1969 for meritorious achievement while participating in aerial flight. 6. His DA Form 20 (Enlisted Qualification Record) shows in: * item 38 (Record of Assignments) – he received "excellent" conduct and efficiency ratings * item 41 (Awards and Decoration) of he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Air Medal * Republic of Vietnam Campaign Medal with Device (1960) * Army Commendation Medal * two overseas service bars * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) 7. On 10 August 1970, he was honorably released from active duty. His DD Form 214 shows he completed 1 year, 7 months, and 3 days of creditable active military service and in: * item 9 (Date of Birth) – 23 June XXXX * item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – * National Defense Service Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Air Medal * Army Commendation Medal * Republic of Vietnam Campaign Medal with Device (1960) * Vietnam Service Medal * two overseas service bars 8. His records are void of documentation showing he was awarded the Army Good Conduct Medal. There is no evidence of any derogatory information or a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal. 9. His records are void of and he failed to provide any evidence he was recommended for or awarded the Distinguished Flying Cross. 10. A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command Awards and Decorations Branch, failed to reveal orders for award of the Distinguished Flying Cross to the applicant. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It states: a.  The Distinguished Flying Cross is awarded to any person who, while serving in any capacity with the Army of the United States, distinguished himself or herself by heroism or extraordinary achievement while participating in aerial flight. The performance of the act of heroism must be evidenced by voluntary action above and beyond the call of duty. The extraordinary achievement must have resulted in an accomplishment so exceptional and outstanding as to clearly set the individual apart from his or her comrades or from other persons in similar circumstances. Awards will be made only to recognize single acts of heroism or extraordinary achievement and will not be made in recognition of sustained operational activities against an armed enemy. b.  A bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in. 2. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal 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, 1 year served entirely during the period 7 December 1941 to 2 March 1946; 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. The enlisted person must have had all "excellent" conduct and efficiency ratings. Ratings of "unknown" for portions of the period under consideration were not disqualifying. There must have been no convictions by a court-martial. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders. 3. Department of the Army Pamphlet 672-3 (Unit Citations and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam. This pamphlet shows 1st Squadron, 1st Cavalry Regiment, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the periods 24 August 1969 through 31 December 1969 and 31 March 1970 through 30 June 1970 in Department of the Army General Orders Number 42, dated 1972. DISCUSSION: 1. The applicant's DD Form 398 shows he recorded his date of birth as 7 June XXXX. It appears an administrative error occurred during the processing of his DD Form 214. 2. His records show he was awarded the Air Medal for meritorious achievement while participating in aerial flight during the period 17 August 1969 through 28 October 1969. His records are void of and he failed to provide any evidence he was recommended for or awarded the Distinguished Flying Cross. 3. He received "excellent" conduct and efficiency ratings with no disciplinary actions or a commander's disqualification for the first award of the Army Good Conduct Medal. 4. He served in Vietnam and he was awarded the Vietnam Service Medal; however, the bronze service stars for his participation in four campaigns are not listed on his DD Form 214. 5. General orders awarded the unit to which he was assigned in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the periods 24 August 1969 through 31 December 1969 and 31 March 1970 through 30 June 1970. These unit awards for the aforementioned periods are not listed on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002622 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002622 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2