IN THE CASE OF: BOARD DATE: 30 May 2018 DOCKET NUMBER: AR20160014158 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: 30 May 2018 DOCKET NUMBER: AR20160014158 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 24 January 1969 through 4 November 1970; b. deleting from his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) the Vietnam Service Medal; and c. adding to his DD Form 214 the: * Air Medal * Army Good Conduct Medal (1st Award) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Sharpshooter Qualification Medal with Rifle Bar (M-14) * Marksman Qualification Medal with Grenade Bar * Marksman Qualification Medal with Machine Gun Bar ___________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: 30 May 2018 DOCKET NUMBER: AR20160014158 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 add his Air Medal. 2. The applicant states he was awarded the Air Medal while serving in Vietnam but it was not included on his DD Form 214. 3. The applicant provides copies of * an Air Medal Citation * photograph of an awards ceremony * 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 24 January 1969, the applicant was inducted into the Army of the United States. 3. The applicant's DA Form 20 (Enlisted Qualification Record) shows * advancement to sergeant (E–5) * service in Vietnam, during one campaign period, from 28 January 1970 through 4 November 1970 * assignment to Company B, 1st Battalion, 52nd Infantry Regiment, Vietnam from 12 February 1970 through 11 August 1970 * assignment to Headquarters and Headquarters Company Americal Division, Vietnam from 12 August 1970 through 28 October 1970 * conduct and efficiency ratings of "excellent" * award of the – * National Defense Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Parachutist Badge * Vietnam Service Medal * Army Commendation Medal * Combat Infantryman Badge * Bronze Star Medal * Sharpshooter Qualification Medal with Rifle Bar (M-14) * Marksman Qualification Medal with Grenade Bar * Marksman Qualification Medal with Machine Gun Bar * Sharpshooter Qualification Medal with Rifle Bar (M-16) 4. The applicant's official record contains award orders for only his marksmanship qualification badges. 5. The Air Medal Citation shows the applicant was awarded of this medal for the period 23 February 1970 to 22 October 1970. 6. On 4 November 1970, the applicant received an early release from active duty to attend school. He had served 1 year, 9 months, and 11 days on active duty. His DD Form 214 and subsequently issued DD Form 215 (Correction to DD Form 214) lists his awards as – * National Defense Service Medal * Sharpshooter Qualification Medal with Rifle Bar (M-16) * Combat Infantryman Badge * Bronze Star Medal (2nd Award) * Army Commendation Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Parachutist Badge REFERENCES: 1. 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, 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. Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond. At that time, a disqualification was normally noted on the DA Form 20. 2. Army Regulation 600-8-22 (Military Awards) states: a. The Air Medal is primarily intended to recognize those personnel who are on 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. As with all personal awards, Award of the Air Medal requires recommendation, approval through the chain of command, and announcement in official orders. b. 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. 3. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214 and states all awards and decorations for all periods of service are to be listed in priority sequence and abbreviations are not to be used. 4. Department of the Army Pamphlet 672–3 (Decorations, Awards, and Honors Unit Citation and Campaign Participation Credit Register) shows 1st Battalion, 52nd Infantry Regiment was awarded Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 31 March 1970 to 30 June 1970. DISCUSSION: 1. 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). 2. The applicant's award of the Sharpshooter Qualification Medal with Rifle Bar (M-14), Marksman Qualification Medal with Grenade Bar, and Marksman Qualification Medal with Machine Gun Bar, were omitted from his DD Form 214. 3. The applicant's record does not contain orders awarding him the Air Medal. As with all personal awards, Award of the Air Medal requires recommendation, approval through the chain of command, and announcement in official orders. However, his record does contain a citation, which states the applicant was awarded of this medal for the period 23 February 1970 to 22 October 1970. 4. The applicant served in Vietnam during three campaign periods and is authorized to wear three 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 Republic of Vietnam Gallantry Cross with Palm Unit Citation. This unit award is not shown on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160014158 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160014158 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2