IN THE CASE OF: BOARD DATE: 24 October 2017 DOCKET NUMBER: AR20160004330 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: 24 October 2017 DOCKET NUMBER: AR20160004330 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 2 September 1966 through 17 August 1968 and b. adding the following awards to his DD Form 214: * Air Medal with Numeral 3 * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with four bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) * Valorous Unit Award * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit 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: 24 October 2017 DOCKET NUMBER: AR20160004330 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 awards to which he may be entitled, including awards for his service in Vietnam. 2. The applicant states his Vietnam service medals were not added to his DD Form 214. 3. The applicant provides: * letter from the National Personnel Records Center, dated 28 January 2016 * Air Medal orders * DD Form 214 * DA Form 20 (Enlisted Qualification Record) * U.S. Army Reserve discharge orders, dated 23 August 1972 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 2 September 1966. 3. His DA Form 20 shows he departed for Vietnam on 31 August 1967 and he was assigned to the 400th Transportation Detachment effective 6 September 1967. He was reassigned to the 178th Aviation Company effective 11 June 1968. 4. He departed Vietnam on or about 14 August 1968. He participated in four campaigns during his assignment in Vietnam. 5. Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service. 6. Headquarters, 1st Aviation Brigade, General Orders Number 6105, dated 7 September 1968, awarded him the Air Medal with 1st and 2nd Oak Leaf Clusters. 7. On 17 August 1968, he was honorably released from active duty in the temporary rank of specialist four/E-4 after completing 1 year, 11 months, and 16 days of creditable active service with no lost time. 8. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) 9. There is no evidence indicating he was awarded the first award of the Army Good Conduct Medal. There also is no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. 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. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. A bronze service star is worn on the Vietnam Service Medal for each credited campaign. b. 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. c. Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal. The numeral 2 denotes the second award of the Air Medal. 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. Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying. There must have been no convictions by a court-martial. 3. 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 400th Transportation Detachment was awarded the: * Valorous Unit Award for extraordinary heroism on 12 May 1968 in Department of the Army General Orders (DAGO) Number 43, dated 1970 * Meritorious Unit Commendation for exceptionally meritorious achievement during the period 1 June 1967 to 31 May 1968 in DAGO Number 37, dated 1970 * Republic of Vietnam Gallantry Cross with Palm Unit Citation for valorous combat achievement during the period 27 March 1967 to 17 May 1968 in DAGO Number 46, dated 1969 DISCUSSION: 1. Based on the applicant's service in Vietnam and participation in four campaigns, he is authorized award of the Vietnam Service Medal with four bronze service stars and the Republic of Vietnam Campaign Medal with Device (1960). His DD Form 214 does not show these medals. 2. Orders show he was awarded a total of three Air Medals. His DD Form 214 does not show these medals. 3. He completed almost 24 months of active service ending with his release from active duty on 17 August 1968. He received all "excellent" conduct and efficiency ratings and his records contain no adverse information or a commander's disqualification statement for the first award of the Army Good Conduct Medal. He appears to have met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 2 September 1966 through 17 August 1968. This award is not shown on his DD Form 214. 4. The 400th Transportation Detachment was cited for award of the Valorous Unit Award, Meritorious Unit Commendation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment. 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) AR20160004330 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004330 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2