IN THE CASE OF: BOARD DATE: 15 November 2017 DOCKET NUMBER: AR20160004822 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 IN THE CASE OF: BOARD DATE: 15 November 2017 DOCKET NUMBER: AR20160004822 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 AGCM (1st Award) for the period 19 April 1968 to 19 January 1971; b. amending his DD Form 214 for the period ending 19 January 1971 by deleting the Vietnam Service Medal and adding the: * Bronze Star Medal * Air Medal * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with three bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 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 correcting his DD Form 214 to show he was authorized the Noncommissioned Officer Professional Development Ribbon and a Valorous Unit Award. ______________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: 15 November 2017 DOCKET NUMBER: AR20160004822 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 award of the Army Good Conduct Medal (AGCM) and correction of his DD Form 214 (Armed Forces of the United States Report of transfer or Discharge) to show he was authorized the Noncommissioned Officer Professional Development Ribbon (NCOPDR), the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Valorous Unit Award (VUA). 2. The applicant states: a. His research reveals he is entitled to wear the NCOPDR although the ribbon was introduced later. His DD Form 214 shows he completed the 12-week NCO development course called Skill Development Base Radio Teletype Operator. This was an NCO course for advanced development of leadership skills. b. His research also reveals he appears to be entitled to the AGCM. He was awarded the Bronze Star Medal (BSM) and the Air Medal (AM), both for meritorious service, which shows his standard of duty and service to country. c. He is thinking about volunteering as an honor guard at a national cemetery and he wishes to fill out his uniform and he is looking into what awards he is entitled to wear. He is only now discovering deficiencies and oversights in his record. 3. The applicant provides his DD Form 214, information papers on the 11th Theater Aviation Command history and the 11th Combat Aviation Group unit awards, BSM and AM Certificates, and his U.S. Army Reserve (USAR) discharge orders. 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 enlisted in the Regular Army on 19 April 1968. After completing his initial entry training, he was awarded military occupational specialty 05C (Radio Teletype Operator). 3. The applicant's DA Form 20 (Enlisted Qualification Record) shows in: a. item 31 (Foreign Service), he served in the Republic of Vietnam from on or about 6 May 1969 through on or about 11 April 1970; b. item 38 (Record of Assignments), he was assigned to Headquarters and Headquarters Company (HHC), 11th Aviation Group from on or about 10 May 1969 through on or about 4 April 1970. He received all "excellent" conduct and efficiency ratings during his entire period of active duty service. 4. The applicant's records contain general orders, issued on 22 November 1969, which awarded him the AM for meritorious achievement during the period May to November 1969. His record also contains general orders, issued on 19 March 1970, which awarded him the BSM for meritorious service during the period May 1969 to May 1970. 5. The applicant was honorably released from active duty on 19 January 1971, in the rank of sergeant E-5, after completing 2 years, 9 months, and 1 day of active service. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) 6. The applicant's DD Form 214 shows he completed the Signal Corps 12-week Skill Development Base Radio Teletype Operator course in 1969. 7. The applicant's military record is void of derogatory information or a unit commander's disqualification statement that would have precluded him from being awarded the AGCM. 8. The applicant was honorably discharged from the USAR on 1 April 1974. REFERENCES: 1. Army Regulation 672-5-1 (Awards), in effect at the time, stated the 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 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. 2. Army Regulation 600-8-22 (Military Awards) states a. The NCOPDR was established by the Secretary of the Army on 10 April 1981. Effective 1 August 1981, all Active Army, Army National Guard and USAR Soldiers in an active status are eligible for this award for satisfactory completion of a respective NCO Education System course. b. A bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in. Appendix B of this regulation shows that during the applicant's service in Vietnam, participation credit was awarded for the following three campaigns: * 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 3. Department of the Army Pamphlet (DA PAM) 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. a. This pamphlet shows that during the applicant's assignment to HHC, 11th Aviation Group, this unit was cited in Department of the Army general orders for the following unit awards: * Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period May 1969 to February 1970 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 1 January 1969 to 1 February 1970 b. HHC, 11th Aviation Group was awarded the VUA for the period 1 May 1970 to 29 June 1970. DISCUSSION: 1. General orders awarded the applicant the BSM and the AM for service during the period covered by his DD Form 214. These awards are not shown on his DD Form 214. 2. The evidence of record shows the applicant received all "excellent" conduct and efficiency ratings throughout his period of active service and his record is void of any derogatory information or a commander's disqualification statement that would have precluded him from being awarded the AGCM (1st Award). 3. The applicant's DD Form 214 shows he was awarded the Vietnam Service Medal. Additionally, he participated in three campaigns during his service in Vietnam. Therefore, he is authorized three bronze service stars for wear on his Vietnam Service Medal. The service stars are not shown on his DD Form 214. 4. DA PAM 672-3 shows his unit of assignment during his service in Vietnam was cited in Department of the Army general orders for the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. These unit awards are not shown on his DD Form 214. 5. DA PAM 672-3 also shows that HHC, 11th Aviation Group, was awarded the VUA for the period 1 May 1970 to 29 June 1970. However, the applicant's records show his last day of assignment to this unit was on or about 4 April 1970 and he departed Vietnam on 11 April 1970. Therefore, he was not a member of this unit during the period of this award and would not have been authorized this award. 6. The evidence of record confirms the applicant completed the 12-week Signal Corps Skill Development Base Radio Teletype Operator in 1969. However, the awards regulation provides that in order to be eligible for the NCOPDR, the Soldier must be in an active status as of 1 August 1981. The applicant's last day on active duty was 19 January 1971 and he was discharged from the USAR in 1974. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160004822 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004822 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2