IN THE CASE OF: BOARD DATE: 15 November 2017 DOCKET NUMBER: AR20160005306 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: 15 November 2017 DOCKET NUMBER: AR20160005306 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. deleting from his DD Form 214 the Vietnam Service Medal and b. adding to his DD Form 214: * Air Medal * Vietnam Service Medal with four bronze service stars * 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: 15 November 2017 DOCKET NUMBER: AR20160005306 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 the Air Medal. 2. He states the absence of the Air Medal on his DD Form 214 was due to an administrative oversight. 3. He provides his 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 enlisted in the Regular Army on 1 May 1968. 3. His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 2 December 1968 to 1 December 1969. Item 38 (Record of Assignments) shows during his tour in the RVN he was assigned to: * Corps Aviation Company (Provisional) from 7 December 1968 to 8 April 1969 * 62nd Aviation Company from 9 April to 29 November 1969 4. General Orders Number 2638, issued by Headquarters, 1st Aviation Brigade, dated 7 June 1969, awarded the applicant the Air Medal for the period 28 December 1968 to 22 May 1969 for meritorious achievement while participating in aerial flight. 5. He was honorably released from active duty on 3 December 1969. His DD Form 214 shows the: * National Defense Service Medal * Vietnam Service Medal (VSM) * RVN Campaign Medal with Device (1960) * Army Good Conduct Medal * Aircraft Badge * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Two overseas bars REFERENCES: 1. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units that served in the Vietnam War. This pamphlet shows the RVN Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam between 20 July 1965 and 28 March 1973 by Department of the Army General Orders Number 8, dated 1974. 2. 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 campaigns: * Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969) * Tet 69/Counteroffensive (23 February 1969 - 8 June 1969) * Vietnam Summer - Fall 1969 (9 June 1969 - 31 October 1969) * Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970 DISCUSSION: 1. Orders verify the applicant was awarded the Air Medal. This award is not listed on his DD Form 214. 2. The RVN Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam between 20 July 1965 and 28 March 1973, which were subordinate to Headquarters, U.S. Army Vietnam. This unit award is not listed on his DD Form 214. 3. His DD Form 214 reflects award of the VSM; however, it does not include four bronze service stars to denote his participation in four campaigns. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160005306 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160005306 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2