BOARD DATE: 20 June 2018 DOCKET NUMBER: AR20160013490 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 . BOARD DATE: 20 June 2018 DOCKET NUMBER: AR20160013490 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 Army Good Conduct Medal (1st Award) for the period 9 August 1968 through 6 August 1971 and b. adding to his DD Form 214: * Bronze Star Medal * Army Commendation Medal * Air Medal with Numeral 2 * Army Good Conduct Medal (1st Award) * 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 adding the Air Assault Badge to his DD Form 214. _____________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: 20 June 2018 DOCKET NUMBER: AR20160013490 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 following awards: * Air Medal with Numeral 2 * Bronze Star Medal * Army Commendation Medal * Air Assault Badge 2. The applicant states it was an administrative oversight. 3. The applicant provides: * two Air Medal Certificates * Bronze Star Medal Certificate * Army Commendation Medal Certificate * photographs * 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 9 August 1968 for a period of 3 years. 3. His DA Form 20 (Enlisted Qualification Record) shows he departed en route to Vietnam on 24 April 1969 and he returned to the continental United States on 2 April 1970: * he was assigned to Company A, 326th Engineer Battalion, 101st Airborne Division, in Vietnam from 9 May 1969 to 30 March 1970 * he received excellent conduct and efficiency ratings throughout his service 4. Headquarters, 101st Airborne Division (Airmobile), General Orders Number 12773, dated 7 October 1969, awarded him the Army Commendation Medal. 5. Headquarters, 101st Airborne Division (Airmobile), General Orders Number 14923, dated 17 December 1969, awarded him the Air Medal. 6. Headquarters, 101st Airborne Division (Airmobile), General Orders Number 2374, dated 4 March 1970, awarded him the Bronze Star Medal. 7. Headquarters, 101st Airborne Division (Airmobile), General Orders Number 3491, dated 27 March 1970, awarded him the Air Medal (Second Award). 8. He provided three photographs of him performing air assault at a school in Vietnam in 1970. 9. On 6 August 1971, he was honorably released from active duty in the rank of specialist five after completing 2 years, 11 months, and 28 days of creditable active service with no time lost. His DD Form 214 shows he was awarded or authorized the: * Republic of Vietnam Campaign Medal with Device (1960) * Vietnam Service Medal with three bronze service stars * National Defense Service Medal * Air Medal 10. There is no evidence indicating he was awarded the first award of the Army Good Conduct Medal. There also is no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. Award of the Air Assault Badge requires satisfactory completion of an air assault training course according to the U.S. Army Training and Doctrine Command standardized Air Assault Core Program of Instruction, or completion of the standard Air Assault Course while assigned or attached to the 101st Airborne Division (Air Assault) after 1 April 1974. b. Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal. The numeral 2 denotes the second award of the Air 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; for the 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. Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying. 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 awards received by units serving in Vietnam. This pamphlet shows the 326th Engineer Battalion, was awarded the: * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 July 1968 to 14 May 1969 in Department of the Army General Orders Number 43, dated 1970 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 to 2 May 1970 in Department of the Army General Orders Number 48, dated 1971 DISCUSSION: 1. Orders show the applicant was awarded the Bronze Star Medal, Army Commendation Medal and two Air Medals. His DD Form 214 does not show these awards. 2. Army Regulation 600-8-22 states award of the Air Assault Badge requires satisfactory completion of an air assault training course according to the U.S. Army Training and Doctrine Command standardized Air Assault Core Program of Instruction, or completion of the standard Air Assault Course while assigned or attached to the 101st Airborne Division (Air Assault) after 1 April 1974. He did not meet the criteria for this badge. 3. He completed almost 3 years of active service ending with his release from active duty on 6 August 1971. He received all "excellent" conduct and efficiency ratings and his records contain no adverse information or a commander's disqualification statement for the first award of the Army Good Conduct Medal. He appears to have met the eligibility criteria for the first award of the Army Good Conduct Medal. This award is not shown on his DD Form 214. 4. His Vietnam unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he was assigned. His DD Form 214 does not show these unit awards. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160013490 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160013490 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2