BOARD DATE: 24 August 2017 DOCKET NUMBER: AR20160004067 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 BOARD DATE: 24 August 2017 DOCKET NUMBER: AR20160004067 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 his period of service from 15 October 1968 to 18 May 1970, b. awarding him the Aircraft Crew Member Badge, c. deleting the Vietnam Service Medal from item 24 of his DD Form 214, and d. adding to his DD Form 214 ? * Air Medal * Army Commendation Medal * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with four bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Aircraft Crew Member Badge * Sharpshooter Marksmanship Qualification Badge with Rifle Bar ____________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: 24 August 2017 DOCKET NUMBER: AR20160004067 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 (Report of Transfer or Discharge) by adding the Air Medal and the Army Commendation Medal. 2. The applicant provides copies of his Air Medal Certificate and Citation and his Army Commendation Medal 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. The applicant was inducted into the Army of the United States on 15 October 1968. He completed basic training and advanced individual training in military occupational specialty (MOS) 67Y20 as a helicopter repairman. 3. His DA Form 20 (Enlisted Qualification Record) shows in: a. item 27 (Military Education) ? AH 1G Helicopter Repairman, MOS 76Y20, 10 weeks, in 1968; b. item 29 (Qualification in Arms) ? Sharpshooter, M-16; c. item 31 (Foreign Service) – Vietnam from 6 May 1969 to 18 May 1970; d. item 33 (Appointments and Reductions) – highest rank held specialist five/pay grade E-5 effective 14 February 1970; e. item 38 (Record of Assignments) ? Service in Vietnam as a crew chief with C Troop, 7th Squadron, 1st Cavalry from 13 May 1969 through 14 May 1970 and "excellent" conduct and efficiency ratings throughout his period of active duty service; and f. item 41 (Awards and Decorations) ? * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar 4. General Orders Number 5542, issued by 1st Aviation Brigade on 30 October 1969, awarded him the Air Medal. 5. A 28 April 1971 letter from The Office of The Adjutant General to the Commanding General, First Army, shows the award elements for the Army Commendation Medal were forwarded for presentation to the applicant. This letter states General Orders Number 2819, issued by 1st Aviation Brigade on 28 April 1970, awarded him the Army Commendation Medal. The orders are not available in his record. 6. On 18 May 1970 the applicant was honorably released from active duty and transferred to the U.S. Army Reserve to complete his military service obligation. He completed 1 year, 7 months, and 4 days of active duty service with no lost time. His DD Form 214 shows he was awarded or authorized the following: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) 7. In support of his request, the applicant submitted copies of his Air Medal Certificate and Citation and Army Commendation Medal Certificate. The Army Commendation Medal Certificate shows he received the award for meritorious service in in Vietnam from May 1969 to April 1970. REFERENCES: 1. Army Regulation 672-5-1 (Awards), in effect at the time, stated: a. 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 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. 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. b. Permanent award of the Aircraft Crew Member Badge required an individual to be on flying status with principal duty as a crew chief, electronic sensor system operator, and flight engineer or as a non-crewmember in the case of observers, medical aidmen, gunners, aircraft maintenance supervisors, or technical inspectors for not less than 12 months or must have been school trained for a principal duty earlier. Such individuals who participated in at least 15 combat missions and those precluded by incapacitation from further flight duty due to wounds due to hostile action or injuries resulting from an aircraft accident for which they were not personally responsible were also entitled to permanent wear of the Aircraft Crew Member Badge. Commanders of any unit with Army aircraft assigned could publish orders allowing qualified members of that command to wear the Aircraft Crew Member Badge. 2. Army Regulation 600-8-22 (Military Awards) states: a. The Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. b. The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. A bronze service star is awarded for wear on the Vietnam Service Medal for participation in each campaign. Campaign periods that coincide with the applicant's tour of duty include ? * Tet 69/Counteroffensive 23 February - 8 June 1969 * Vietnam Summer – Fall 1969 9 June - 31 October 1969 * Vietnam Winter – Spring 1970 1 November 1969 - 30 April 1970 * Sanctuary Counteroffensive 1 May - 30 June 1970 c. The requirements for award of basic marksmanship qualification badges. The qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman -- in which an individual has qualified in a prescribed record course. An appropriate bar is furnished to denote each weapon with which the individual has qualified. 3. Department of the Army Pamphlet 672-3 (Unit Citations and Campaign Participation Credit Register) list the awards received by units serving in the Vietnam War. This pamphlet shows the 7th Squadron, 1st Cavalry, to which the applicant was assigned from May 1969 to May 1970, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 15 December 1969 to 10 October 1970 by Department of the Army General Orders (DAGO) Number 52, dated 1971. 4. Army Regulation 635-5 (Separation Documents), in effect at that time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214 and specifically stated to list awards and decorations in the priority sequence. DISCUSSION: 1. General orders awarded the applicant the Air Medal. This award was not recorded on his DD Form 214. 2. The applicant's record does not contain an order awarding him the Army Commendation Medal, though there is a letter showing he was awarded this award by General Orders Number 2819, issued by 1st Aviation Brigade on 28 April 1970. The Army Commendation Medal was not recorded on his DD Form 214. 3. The applicant appears to meet the criteria for award of the Army Good Conduct Medal. He served over 1 year of active duty service during which he progressed to pay grade E-5, earned "excellent" conduct and efficiency ratings, and had no disciplinary infractions. 4. He was awarded the Vietnam Service Medal. Additionally, he participated in four campaigns during his service in Vietnam. Based on this service, he is authorized four bronze service stars for wear on his already-awarded Vietnam Service Medal. His DD Form 214 does not show these service stars. 5. His unit in Vietnam was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation. His DD Form 214 does not show this unit award. 6. The applicant was a school-trained aviation mechanic; thus he met the regulatory criteria for permanent award of the Aircraft Crew Member Badge, which is not shown on his DD Form 214. 7. The applicant’s Enlisted Qualification Record supports the fact he qualified as a Sharpshooter with his service rifle. This badge was not recorded 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) AR20160004067 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004067 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2