IN THE CASE OF:  
 
  BOARD DATE: 2 January 2024 
 
  DOCKET NUMBER: AR20230007237 
 
 
APPLICANT REQUESTS:  correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Air Medal (AM). 
 
APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: 
 
• DD Form 149 (Application for Correction of Military Record) 

• Air Medal Certificate, 10 August 1968 


 
FACTS: 
 
1.  The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 
 
2.  The applicant states, in effect, he is requesting that his DD Form 214 be updated to show award of the AM.  
 
3.  The applicant provides a copy of an AM certificate signed by the Acting Commander, 1st Air Cavalry Division dated 10 August 1968, which shows he was awarded the AM for meritorious achievement while participating in aerial flight during the period October 1967 to August 1968 in the Republic of Vietnam.  
 
4.  As a separate but related award issue, the Board will consider the applicant’s eligibility for award of the Army Good Conduct Medal (AGCM) (1st Award) for the period 19 October 1966 to 12 October 1968.  
 
5.  A review of the applicant’s service record shows: 
 
 a.  He was inducted into the Army of the United States on 19 October 1966. He completed training and he was awarded military occupational specialty 05B (Radio Operator).  
 
 b.  His DA Form 20 (Enlisted Qualification Record) contains the following information: 
 
• Item 31 (Foreign Service):  he served in the U.S. Army Pacific (USARPAC) – Vietnam from 4 November 1967 to 11 October 1968 

• Item 33 (Appointments and Reductions) – no reductions 

• Item 38 (Record of Assignments): he was assigned to the following unit in the Republic of Vietnam – Headquarters and Headquarters Company (HHC), 


1st Battalion, 7th Cavalry, 1st Cavalry Division (Air Mobile), USARPAC 
• Item 44 (Time Lost Under Section 972, Title 10, USC and Subsequent to Normal ETS) – none 


 
c.  He was honorably released from active duty and transferred to the U.S. Army Reserve on 12 October 1968. His DD Form 214 shows in: 
 
• Item 22a (Net Service This Period):  1 year, 11 months, and 24 days 

• Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized):   


 
• National Defense Service Medal 

• Vietnam Campaign Medal 

• Vietnam Service Medal 

• Marksmanship Badge (M-14 rifle) 

• Expert Marksmanship Qualification Badge (M-16 rifle) 

• two overseas service bars 

• Army Commendation Medal  


 
• Item 26a (Non-Pay Periods Time Lost) – no record of time lost. 


 
 d.  His records are void of orders awarding him the AM and the AGCM (First Award). 
 
 e.  The applicant's record does not contain evidence his commander disqualified him for award of the AGCM (1st Award). He received all excellent conduct and efficiency rating, and his record does not contain evidence of a court-martial conviction nor any other derogatory information that would disqualify him for the first award of the AGCM (1st Award). 
 
6.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AM was awarded to any person who, while serving in any capacity in or with the Army of the United States, that distinguished himself by meritorious achievement while participating in aerial flight. The award may be made to recognize single acts of merit or sustained operational activities against an armed enemy, or for heroic acts in, aerial flight.  
  
BOARD DISCUSSION: 
 
After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. 
 
 a.  The applicant served in Vietnam from 4 November 1967 to 11 October 1968. He provides a copy of an Air Medal certificate signed by the Acting Commander, 1st Cavalry Division on 10 August 1968, which shows he was awarded the Air Medal for meritorious achievement while participating in aerial flight during the period October 1967 to August 1968 in the Republic of Vietnam, albeit without an order. The period listed on this citation is consistent with his service in Vietnam. The Board found it reasonable to presume he was awarded the Air Medal and accepted the certificate as sufficient to add this award to his DD Form 214.  
 
 b.  The applicant served on active duty from 19 October 1966 to 12 October 1968, completing 1 year, 11 months, and 24 days of net active service. He completed service in Vietnam, and he received all 'excellent' conduct and efficiency marks during his active service. His record does not contain evidence his commander disqualified him for award of the Army Good Conduct Medal (1st Award), and his record does not contain evidence of a court-martial conviction nor any other derogatory information that would disqualify him from receiving this award. The Board determined he met the criteria for award of the Army Good Conduct Medal (1st Award).  
 
BOARD VOTE: 
 
Mbr 1 Mbr 2 Mbr 3 
 
:xx :xx :xx GRANT FULL RELIEF 
 
: : : GRANT PARTIAL RELIEF 
 
: : : GRANT FORMAL HEARING 
 
: : : DENY APPLICATION 
 
 
BOARD DETERMINATION/RECOMMENDATION: 
 
In addition to the corrections addressed in Administrative Note(s) below, 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 service during the period 19 October 1966 to 12 October 1968 

• adding award of the Army Good Conduct Medal (1st Award) and Air Medal to his DD Form 214 
 
  1/2/2024

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. 
 
 
ADMINISTRATIVE NOTE(S):  A review of the applicant’s records show he is authorized additional awards not listed on his DD Form 214 for the period ending 12 October 1968. As a result, his DD Form 214 should be amended in item 24 (Awards) as follows: 
 
 a.  Delete the Vietnam Service Medal.  
 
 b.  Add: 
 
• Vietnam Service Medal with four bronze service stars 

• Republic of Vietnam Gallantry Cross with Palm Unit Citation 


 
 c.  In item 30 (Remarks)  add – "Service in Vietnam:  4 November 1967 to 11 October 1968". 
 
 
REFERENCES: 
 
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 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. 
 
2.   Army Regulation 672-5-1 (Awards), in effect at the time, stated the AM was awarded to any person who, while serving in any capacity in or with the Army of the United States, that distinguished himself by meritorious achievement while participating in aerial flight. The award may be made to recognize single acts of merit or sustained operational activities against an armed enemy, or for heroic acts in, aerial flight.  
 
3.  Army Regulation 600-8-22 (Military Awards) states: 
 
a.  The Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight. This award is primarily intended for personnel on flying status but may also be awarded to those personnel whose combat duties require them to fly; for example, personnel in the attack elements of units involved in air-land assaults against an armed enemy. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 
 
b.  The Vietnam Service Medal was awarded to all service members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. One bronze service star is authorized with the Vietnam Service Medal for each campaign during which a member was assigned or attached to and present for duty with a unit during the period in which it participated in combat or was under orders in the combat zone and served at a normal post of duty. One silver service star is worn to denote five bronze service stars. The applicant participated in four campaigns during his service in Vietnam. 
 
4.  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 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.  Ratings of "Unknown" for portions of the period under consideration were not disqualifying. 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. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in General Orders. 
 
5.  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 by Department of the Army General Order Number 70, dated 1969,  
1st Battalion, 7th Cavalry, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 17 November 1965 to 19 May 1969. 
 
//NOTHING FOLLOWS//