BOARD DATE: 14 November 2017 DOCKET NUMBER: AR20160003442 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: 14 November 2017 DOCKET NUMBER: AR20160003442 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 4 November 1965 through 10 August 1967; b. deleting the Vietnam Service Medal from item 24 of his DD Form 214 and adding: * Air Medal * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with two bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation c. amending item 30 (Remarks) of his DD Form 214 to delete the entry "PFC E-3 (P) 6 MAY 1966" and replace it with the entry "SP4 E-4 (P) 30 AUGUST 1966." 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 any relief in excess of that described above. ___________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: 14 November 2017 DOCKET NUMBER: AR20160003442 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 add the Air Medal (AM) (2nd Award) and to show his rank/grade as sergeant (SGT)/E-5 instead of private first class (PFC)/E-3. 2. The applicant states his awards and rank need correction to reflect his service accurately. 3. The applicant provides: * DD Form 214 * General Orders (GO) Number 3349, dated 21 August 1967 * AM Citation for the period 2 May 1967 to 3 August 1967 * DA Form 20 (Enlisted Qualification Record) * Letter Orders Number 10-1241585, dated 27 October 1971 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 4 November 1965, the applicant was inducted into the Army of the United States. 3. His DA Form 20 contains the following information: a. He served in Vietnam from 25 September 1966 to 9 August 1967. b. Item 33 (Appointments and Reductions) shows he was promoted to the rank of: * PFC/E-3 (permanent (P)) on 6 May 1966 * SP4/E-4 (temporary (T)) on 30 August 1966 * SP4/E-4 (P) on 30 August 1966 * SGT/E-5 (T) on 30 July 1967 c. Item 38 (Record of Assignments) shows he was assigned to Headquarters and Headquarters Company (HHC), 3rd Brigade, 25th Infantry Division from 27 September 1966 to 9 August 1967. 4. GO Number 3349 issued by 25th Infantry Division, dated 21 August 1967, shows the applicant was awarded the AM (Basic AM), while assigned to HHC, 3rd Brigade, 25th Infantry Division, for the period 2 May 1967 to 3 August 1967. 5. The applicant provides an AM Citation for the period 2 May 1967 to 3 August 1967 that shows he actively participated in more than twenty-five aerial missions over hostile territory in support of counterinsurgency operations. 6. The available records are void of any evidence or documentation showing he was recommended for or awarded a second AM. 7. On 10 August 1967, the applicant was honorably released from active duty. His DD Form 214 shows in: a. Items 5a, 5b, and 6 (Grade, Rate or Rank/Pay Grade/Date of Rank) – he achieved the rank of SGT (T)/E-5 on 30 July 1967. b. Item 22a (Net Service This Period) – he completed 1 year, 9 months, and 7 days of active duty service. c. Item 22c (Foreign and or Sea Service) – he completed 10 months and 16 days of foreign service in the U.S. Army Pacific Command (USARPAC). d. Item 24 (Decorations, Medal, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – he received the following awards: * National Defense Service Medal * one Overseas Service Bar * Sharpshooter Marksman Qualification Badge with Rifle Bar (M-14) * Vietnam Service Medal * Bronze Star Medal * Driver’s Badge with Bar * Combat Infantryman Badge e. Item 30 (Remarks) – his highest permanent rank achieved was PFC/E-3 with an appointment date of 6 May 1966. 8. A review of his service records shows he had "excellent" conduct and efficiency ratings and there is no derogatory information in the form of time lost, nonjudicial punishment (NJP), or suspension of favorable personnel actions. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states the AM is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight. This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly, for example personnel in the attack elements of units involved in air-land assaults against an armed enemy. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 2. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided, in pertinent part, guidelines for award of the AM. It defined terms and provided guidelines for the award based upon the number and types of missions or hours. Twenty-five Category I missions (air assault and equally dangerous missions) and accrual of a minimum of 25 hours of flight time while engaged in Category I missions was the standard established for which sustained operations were deemed worthy of recognition by an award of the AM. However, the regulation was clear that these guidelines were considered only a departure point. a. Combat missions were divided into three categories. A category I mission was defined as a mission performed in an assault role in which a hostile force was engaged and was characterized by delivery of ordnance against the hostile force, or delivery of friendly troops or supplies into the immediate combat operations area. A category II mission was characterized by support rendered a friendly force immediately before, during or immediately following a combat operation. A category III mission was characterized by support of friendly forces not connected with an immediate combat operation but which must have been accomplished at altitudes which made the aircraft at times vulnerable to small arms fire, or under hazardous weather or terrain conditions. b. To be recommended for award of the AM, an individual must have completed a minimum of 25 category I missions, 50 category II missions, or 100 category III missions. Since various types of missions would have been completed in accumulating flight time toward award of an AM for sustained operations, different computations would have had to be made to combine category I, II, and III flight time and adjust it to a common denominator. 3. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal (AGCM) was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for 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. There must have been no convictions by a court-martial. 4. Army Regulation 600-8-22 contains the regulatory guidance on the Vietnam Service Medal. It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. Appendix B shows that during his service in Vietnam, the applicant participated in the following two campaigns: * Vietnam Counteroffensive, Phase II - (1 July 1966 - 31 May 1967) * Vietnam Counteroffensive, Phase III - (1 June 1967 - 29 January 1968) 5. Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more. 6. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows, the applicant's unit, HHC, 3rd Brigade, 25th Infantry Division, was cited for the following unit awards during the period of the Applicant's service: a. The Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period of December 1965 to October 1966 and 1 August 1967 to August 1968, by DAGO Number 48, dated 1971, and b. The Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 August 1967 to 21 January 1970, by DAGO Number 51, dated 1971. 7. Army Regulation 624-200 (Promotions, and Reduction – Appointment and Reduction of Enlisted Personnel), section IV (Permanent Appointments), states, permanent appointments on and after 1 July 1962, effective 1 July 1961, temporary appointments of Regular Army personnel in grade in which serving, other than those referred to in paragraph 22, will become permanent on the earliest of the following dates: a. date of completion of time-in-grade, computed from temporary date of rank for E-5 and E-4, 12 months; b. upon temporary appointment to the next higher grade; and c. on date of discharge to enter active duty as a. commissioned or warrant officer. 8. Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214. The regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The regulation instructs the preparer to into make the following entries: * item 5a the rank/pay grade in which serving at the time of separation, indicating whether permanent or temporary, * item 5b the date of rank for the grade shown in 5a, and * item 30 if the grade as shown in item 5 is not permanent, enter permanent grade, date of appointment, and date of rank if different from date of appointment 9. Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. Paragraph 2-11 contains guidance on ABCMR hearings and it states that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. DISCUSSION: 1. The applicant is not entitled to a hearing before the Board. Hearings may be authorized by a panel of the Board or by the Director of the ABCMR. In this case, the evidence of record, including independent evidence he provided, is sufficient to render a fair and equitable decision at this time. 2. The applicant contends that his DD Form 214 should be corrected to show he received two AMs and that his rank should reflect SGT. a. The applicant's DA Form 20 shows he was promoted to the temporary rank of SGT on 30 July 1967. There is no evidence to show he received a permanent promotion to SGT prior to his release from active duty on 10 August 1967. Items 5a, 5b, and 6 (Grade, Rate or Rank/Pay Grade/Date of Rank) of his DD Form 214 properly show he was promoted to SGT (T)/E-5 on 30 July 1967. b. Item 30 of his DD Form 214 incorrectly shows his highest permanent rank held was as a PFC/E-3 with an appointment date of 6 May 1966. His DA Form 20 shows he was promoted to the permanent rank of SP4 on 30 August 1966. 3. GO Number 3349 awarded the applicant the AM (1st Award), while assigned to HHC, 3rd Brigade, 4th Infantry Division for the period 2 May 1967 to 3 August 1967. There is no evidence in the available records showing he was awarded a second AM or that he met the criteria for a second AM. 4. The applicant served honorably during the period 4 November 1965 through 10 August 1967. There is no derogatory information in the form of lost time, NJP, or a record of court-martial that would disqualify him for the first award of the AGCM. He received “excellent” conduct and efficiency ratings and he was promoted to SGT. It appears he met the criteria for the AGCM. 5. His DD Form 214 lists the Vietnam Service Medal but does not show two bronze service stars to denote his participation in two campaigns. 6. The applicant met the criteria for award of the Republic of Vietnam Campaign Medal with Device (1960). His DD Form 214 does not reflect this award. 7. The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for periods coinciding with his service in the unit. His DD Form 214 does not reflect 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) AR20160003442 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003442 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2