BOARD DATE: 2 May 2018 DOCKET NUMBER: AR20160010400 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: 2 May 2018 DOCKET NUMBER: AR20160010400 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 the applicant the Army Good Conduct Medal (1st Award) for the period 6 November 1967 to 28 August 1970; b. deleting from his DD Form 214 the Vietnam Service Medal and the Air Medal with 2 oak leaf clusters; and c. adding to his DD Form 214 the Air Medal with Numeral 12, Purple Heart, Army Good Conduct Medal (1st Award), Meritorious Unit Commendation (2nd Award), Vietnam Service Medal with four bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Basic Aviation Badge. ____________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: 2 May 2018 DOCKET NUMBER: AR20160010400 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 Purple Heart and the Air Medal with 11 oak leaf clusters (i.e., the Air Medal (12th award)). 2. The applicant states his orders for the Air Medal show award of the 1st through 11th oak leaf clusters, not the two shown on his DD Form 214. He cannot join the Military Order of the Purple Heart without the Purple Heart being shown on his DD Form 214. 3. The applicant provides – * 36th Evacuation Hospital General Orders Number 10 * 44th Medical Brigade General Orders Number 1031 * 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. On 6 November 1967, the applicant enlisted in the Regular Army; completed training, including U.S. Army Aviation School training; and was awarded military occupational specialty 67N (UH-1 Helicopter Repairman). 3. He served in Vietnam with the 45th Medical Company (Air Ambulance) from 13 June 1968 through 4 June 1969. He participated in four campaigns. 5. 44th Medical Brigade General Orders Number 222, dated 9 August 1968, assigned the applicant to duty as a nonaviator crewmember in the position of crew chief effective 25 June 1968. 6. 36th Evacuation Hospital General Orders Number 10, dated 27 February 1969, awarded the applicant the Purple Heart for wounds received on 14 February 1969. 7. 44th Medical Brigade General Orders Number 1031, dated 20 October 1969, awarded the applicant the Air Medal (1st through 11th oak leaf clusters) (i.e., the 12th award). 8. The applicant's DA Form 20 (Enlisted Qualification Record) shows promotion to specialist 5 (E-5) and all "excellent" conduct and efficiency ratings. 9. On 28 August 1970, the applicant was released from active duty. His DD Form 214 lists his awards as the Expert Marksmanship Qualification Badge with Rifle Bar, National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and the Air Medal (2nd oak leaf cluster) (i.e., the 3rd award). 10. The applicant's record contains no derogatory entries, disciplinary actions, nonjudicial punishment, or court-martials that would suggest he was considered ineligible for award of the Army Good Conduct Medal. REFERENCES: 1. Army Regulation (AR) 600-8-22 (Military Awards) states: a. Award of the Air Medal is primarily intended to recognize those personnel who are on current crewmember or non-crewmember on flying status which requires them to participate in aerial flight on a regular and frequent basis in the performance of their primary duties. Formerly a subsequent award of the Air Medal was recognized with an oak leaf cluster. Currently Arabic numerals, starting with 2, are used to denote the second and subsequent awards of the Air Medal. b. The Basic Aviation Badge (formerly known as the Aircraft Crewman Badge and later the Aircraft Crew Member Badge) eligibility requirements include: 1) successful completion of formal advanced individual training; or 2) being on flying status in accordance with AR 600-106; and 3) serving as a member of an operational team for not less than 12 months or by logging not less than 48 flight hours (whichever comes first). c. A bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal, such as the Vietnam Service 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 or, 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. 3. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This pamphlet shows the 45th Medical Company was cited for award of the Meritorious Unit Commendation for the period 1 January to 31 December 1968 and again for the period 1 January 1969 to 30 April 1970. 4. Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, USARV, and its subordinate units during the period 20 July 1965 to 28 March 1973. DISCUSSION: 1. Orders awarded the applicant the Air Medal (12th award). His DD Form 214 shows the Air Medal (3rd award). 2. Orders awarded the applicant the Purple Heart. This award is not included on his DD Form 214. 3. The applicant distinguished himself by his conduct, efficiency and fidelity as evidenced by his combat service, his conduct and efficiency ratings, his personal decorations, and his advancement to pay grade E-5. The record contains no indication of any disqualifying incidents or recommendations that would have been a barrier to awarding him the Army Good Conduct Medal (1st Award). 4. The applicant served in Vietnam during four campaign periods and is authorized to wear four bronze service stars on his Vietnam Service Medal. His DD Form 214 does not reflect these bronze service stars. 5. The applicant served in a unit during periods for which the unit was awarded the Meritorious Unit Commendation (2nd award) and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. These unit awards are not shown on his DD Form 214. 6. Based on his training and duty assignments, it appears the applicant met the criteria for award of the Basic Aviation Badge. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160010400 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160010400 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2