IN THE CASE OF: BOARD DATE: 15 November 2017 DOCKET NUMBER: AR20160004838 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: AR20160004838 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. deleting from his DD Form 214 the Vietnam Service Medal and Air Medal; and b. adding to his DD Form 214: * Air Medal (5th Award) * National Defense Service Medal * Vietnam Service Medal with two 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 award of the Republic of Vietnam Campaign Medal with Device (1960). __________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: AR20160004838 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) by adding the: * Vietnam Campaign Medal (correctly known as the Republic of Vietnam (RVN) Campaign Medal with Device (1960)) * National Defense Service Medal (NDSM) * Air Medals * Unit Citation 2. He states his DD Form 214 does not reflect all the awards he was issued. 3. He provides: * Orders 116, dated 30 December 1965, with Air Medal Certificate and Citation * Air Medal (1st Oak Leaf Cluster (OLC)) Certificate and Citation * Air Medal (2nd OLC) certificate and citation * Orders 286, dated 15 February 1966, with Air Medal (3rd OLC) Certificate and Citation * Orders 399, dated 15 March 1966 with Air Medal (4th OLC) Certificate and Citation * DA Form 20 (Enlisted Qualification Record) * DD Form 214 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 24 February 1964. 3. His DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 25 September 1965 to 15 February 1966 and he was assigned to Company A, 1st Battalion, 2d Infantry, 1st Infantry Division. 4. His record is void of evidence showing he was wounded by hostile fire or captured by hostile forces. 5. Department of the Army General Orders (DAGO) Number 116, issued by Headquarters, 1st Infantry Division, dated 30 December 1965, and the accompanying citation and certificate show he was awarded the Air Medal for the period 27 October to 8 November 1965 for meritorious achievement while participating in aerial flight in the RVN. 6. Air Medal Certificate, dated 28 February 1966, and citation show he was awarded the Air Medal (1st OLC) for the period 9 November to 22 November 1965 for meritorious achievement while participating in aerial flight in the RVN. His Military Personnel Record Jacket (MPRJ) does not contain a copy of the orders awarding him this Air Medal. 7. Air Medal Certificate, dated 14 May 1966, and citation show he was awarded the Air Medal (2nd OLC) for the period 23 November to 5 December 1965 for meritorious achievement while participating in aerial flight in the RVN. His MPRJ does not contain a copy of the orders awarding him this Air Medal. 8. DAGO Number 286, issued by Headquarters, 1st Infantry Division, dated 15 February 1966, and citation and certificate show he was awarded the Air Medal (3rd OLC) for the period 6 December 1965 to 3 January 1966 for meritorious achievement while participating in aerial flight in the RVN. 9. DAGO Number 399, issued by Headquarters, 1st Infantry Division, dated 5 March 1966, with accompanying citation and certificate show he was awarded the Air Medal (4th OLC) for the period 5 January to 31 January 1966 for meritorious achievement while participating in aerial flight in the RVN. 10. He was honorably released from active duty on 19 February 1966. His DD Form 214 credits him with completing 1 year, 11 months, and 26 days of active service of which 4 months and 22 days were listed as foreign service. His DD Form 214 lists the following awards: * Air Medal * Vietnam Service Medal (VSM) * Army Good Conduct Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Marksman Marksmanship Qualification Badge with Rifle Bar (106 millimeter Recoilless) REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The NDSM is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined. b. Arabic Numerals are now used instead of OLCs for the second and succeeding award of the Air Medal. c. The RVN Campaign Medal with Device (1960) was awarded by the Government of the Republic of Vietnam to all members of the United States Armed Forces for qualifying service in Vietnam during the period 1 March 1961 to 28 March 1973. To qualify for the award personnel must have served in the RVN for 6 months during the specified period, or have served outside the geographical limits of the RVN and contributed direct combat support to the RVN and Armed Forces for 6 months, or have served, meeting one of the previous mentioned qualifications, for less than 6 months and have been wounded by hostile forces or captured by hostile forces, but later escaped, was rescued or released. 2. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 1st Battalion, 2d Infantry, 1st infantry Division, to which he was assigned, was cited for award of the: * RVN Gallantry Cross with Palm Unit Citation for the period 12 July 1965 to 16 October 1968, by DAGO Number 21, dated 1969 * RVN Civil Actions Honor Medal First Class Unit Citation for the period October 1965 to 7 April 1970 by DAGO Number 53, dated 1970 3. Appendix B of Army Regulation 600-8-22 (Military Awards) states that a bronze service star will be awarded for wear on the VSM for participation in each campaign. His records indicate he participated in the following two campaigns: * Vietnam Defense Campaign (8 March 1965 - 24 December 1965) * Vietnam Counteroffensive (25 December 1965 - 30 June 1966) DISCUSSION: 1. Orders verify the applicant was awarded the Air Medal (4th OLC) (which is the 5th Award) and this is consistent with the orders, certificates, citations, and/or previously issued Air Medals. These Air Medals are not listed on his DD Form 214. 2. The evidence of record shows the applicant served in the RVN less than 6 months. Award of the RVN Campaign Medal with Device (1960) is not authorized for less than 6 months of service unless a service member was wounded by hostile fire or captured by hostile forces. His record is void of evidence to show he was wounded by hostile forces or captured by hostile forces. 3. He honorably served during a qualifying period for award of the NDSM. This award is not listed on his DD Form 214. 4. The evidence of record shows he was assigned to the 1st Battalion, 2nd Infantry, 1st Infantry Division during the period the unit was cited for award of the RVN Civil Actions Honor Medal First Class Unit Citation and the RVN Gallantry Cross with Palm Unit Citation. However, these awards are not listed on his DD Form 214. 5. The available evidence also shows he participated in two campaigns during his service in the RVN. He was already awarded the VSM, but his VSM does not show two bronze service stars to represent the campaigns in which he served. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160004838 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004838 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2