IN THE CASE OF: BOARD DATE: 12 June 2018 DOCKET NUMBER: AR20160011515 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 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: 12 June 2018 DOCKET NUMBER: AR20160011515 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 two awards of the Air Medal, one with a "V" Device, as well as all his awards and medals. 2. The applicant states he received two awards of the Air Medal, one of which was with a "V" Device for heroism. He also wants his DD Form 214 to reflect all the awards and decorations that he earned. 3. The applicant provides: * Letter from a Veterans Service Office * DD Form 214 * General Orders (GO) Number 6732 and certificate for award of the Air Medal with "V" Device (2nd Award) 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 25 October 1968 and he held military occupational specialty 67N (Helicopter Repairer). 3. Special Orders (SO) Number 38, issued by Headquarters, U.S. Army Training Center, Fort Lewis, WA, on 7 February 1969, awarded him the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60). 4. He served in Vietnam from 4 June 1969 to 29 May 1971 (1 year, 11 months, and 26 days). He was assigned to the 498th Medical Company, U.S. Army Medical Command, from 6 June 1969 to 29 May 1971 5. GO Number 1307, issued by Headquarters, U.S. Army Medical Command, Vietnam, on 17 July 1970, awarded him the Air Medal for achievement from 8 December 1969 to 5 January 1970, while assigned to the 498th Medical Company. 6. GO Number 6732, issued by Headquarters, 101st Airborne Division, on 18 June 1971, awarded him the Air Medal with "V" Device (2nd Award) for heroism on 3 March 1971 while serving with the 571st Medical Detachment. 7. He was honorably released from active duty in the rank/grade of specialist five (SP5)/E-5 on 30 May 1971. His DD Form 214 shows he completed 2 years, 7 months, and 3 days of total active service with no lost time. His DD Form 214 also shows he was awarded or authorized the: * NDSM - National Defense Service Medal * SPS M-14 - Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * EXP M-16 - Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * VSM - Vietnam Service Medal * VCM w/60 Dev - Vietnam Campaign Medal with 60 Device * 1 O/S bar - one overseas service bar * AM - Air Medal 8. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his military service. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. A bronze service star is authorized with the Vietnam Service Medal award for each Vietnam campaign a member is credited with participating in. A silver service star denotes five bronze service stars. Appendix B shows that during his service in Vietnam, participation credit was awarded for the following five 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 * Sanctuary Counteroffensive, 1 May - 30 June 1970 * Vietnam Counteroffensive Phase VII, 1 July 1970 - 30 June 1971 2. 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, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 * Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973 3. Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar. It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars. For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973. Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar. 4. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service. The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial. DISCUSSION: 1. GO awarded the applicant two awards of the Air Medal, one with a "V" Device for heroism. His DD Form 214 listed only one award. 2. SO awarded him the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60). This marksmanship badge is not listed on his DD Form 214. 3. GO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment. His DD Form 214 does not reflect this unit award. 4. The record shows he participated in five campaigns during his service in Vietnam. However, the Vietnam Service Medal listed on his DD Form 214 does not reflect a silver service star to indicate his participation in five campaigns. 5. The applicant served in Vietnam from 4 June 1969 to 29 May 1971, qualifying him for four overseas service bars. His DD Form 214 listed only one overseas service bar. . 6. The evidence of record confirms he served honorably during the period 12 August 1970 through 20 December 1971. It appears he meets the regulatory criteria for award of the Army Good Conduct Medal (1st Award) in that: * there is no evidence of any derogatory information in his file or adverse action taken against him, and he has no court-martial convictions * he received “excellent” conduct and efficiency ratings throughout his military service * he served in Vietnam, attained the rank/grade of SP5/E-5, and received a valor award 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: * awarding him the Army Good Conduct Medal (1st Award) for the period 25 October 1968 through 30 May 1971 * deleting from his DD Form 214 "AM," "VSM," and "1 O/S Bar," and adding to his DD Form 214: * Army Good Conduct Medal (1st Award) * Air Medal (2nd Award) with "V" Device * Vietnam Service Medal with one silver service star * Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * 4 overseas service bars 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160011515 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160011515 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2