BOARD DATE: 5 November 2015 DOCKET NUMBER: AR20150004149 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 reconsideration of his request for correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the: * Bronze Star Medal (previously requested with "V" Device) * Air Medal (previously requested with Oak Leaf Cluster) * Army Commendation Medal with "V" Device (ARCOM w/ V) * Air Assault Badge 2. The applicant states the medals and badge were not awarded due to either (lack of) oversight in the command structure or inaccuracies in record keeping. a. He states that he served in the Reconnaissance Platoon, Company D, 1st Battalion, 12th Cavalry (Airborne) in the Republic of Vietnam (RVN) between September 1965 and May 1966. The unit served as a quick reaction force. On numerous occasions he participated in air assaults being inserted into hostile situations by helicopter and then holding the territory as a pathfinder. He states that this service qualifies him for award of the Air Medal (AM). b. He states the Bronze Star Medal (BSM) should have been automatically awarded to him after completion of his combat tour of duty in the RVN. c. He provides an affidavit from a former fellow Soldier who provides an account of the applicant's actions during a combat operation on 7 April 1966. The applicant states that one squad of the platoon encountered a reinforced, fortified unit of North Vietnamese Regulars. The remainder of the platoon responded and engaged the force during a 10-hour period. No after action reports were completed because the unit moved on to its next mission. He provides this information in support of an award of the ARCOM w/ V. d. He states that Company D, 1st Battalion (Airborne), 187th Infantry, 11th Air Assault Division (Test) [AAD (T)], Fort Benning, GA, Unit Order Number 11, dated 30 March 1965, awarded him the Air Assault Badge. He notes the order lists his name with an incorrect service number and adds that this was during a period of transition to the new Air Assault Badge. He also provides a brief explanation of the formation of the 1st Cavalry Division (Airmobile) and the 101st Air Assault Division as a result of the mission of the 11th AAD (T). 3. The applicant provides copies of an affidavit, a letter of support, and the front page of the unit orders. CONSIDERATION OF EVIDENCE: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20130020271 on 15 July 2014. 2. The applicant enlisted in the Regular Army on 28 June 1963. He was awarded military occupational specialty 11B (Light Weapons Infantryman). 3. The applicant's DA Form 20 (Enlisted Qualification Record) shows, in pertinent part, in: * item 28 (Specialized Training): Basic Airborne Training, 3 weeks, 6 December 1963 * item 31 (Foreign Service): Vietnam from 20 August 1965 through 20 June 1966 * item 38 (Record of Assignments): * Scout Observer, Company D, 3rd Battalion, 187th Infantry, 11th AAD, Fort Benning, GA, from 21 January through 31 January 1964 * Scout Observer, Company D, 1st Battalion, 187th Infantry, 11th AAD, Fort Benning, GA, from 1 February through 30 June 1965 (Inactivated) * Scout Observer, Company D, 1st Battalion (Airborne), 12th Cavalry, 1st Cavalry Division (Airmobile), Fort Benning, GA, from 1 July through 20 September 1965 (Unit Permanent Change of Station) * Scout Observer, Company D, 1st Battalion (Airborne), 12th Cavalry, 1st Cavalry Division (Airmobile), RVN, from 21 September 1965 through 19 June 1966 * item 41 (Awards and Decorations) does not list the BSM, AM, ARCOM w/ V, or Air Assault Badge 4. The applicant's DD Form 214 shows he was honorably released from active duty on 5 August 1966 and transferred to the U.S. Army Reserve. a. He had completed 3 years, 1 month, and 8 days of total active duty service this period that included 10 months and 1 day of foreign service. b. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), as corrected by a DD Form 215 (Correction to DD Form 214), issued on 7 August 2014, shows the: * Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar * Parachutist Badge * Combat Infantryman Badge * Vietnam Service Medal with 2 Bronze Service Stars * National Defense Service Medal * Army Good Conduct Medal * Presidential Unit Citation * RVN Gallantry Cross with Palm Unit Citation * RVN Campaign Medal with Device (1960) * Expert Marksmanship Qualification Badge with Machinegun (M-60) Bar 5. A review of the applicant's military personnel records failed to reveal evidence of any individual award recommendations; any award certificates, citations, or orders; or other evidence that shows he was awarded the BSM, AM, ARCOM w/ V, or Air Assault Badge. 6. In support of his request for reconsideration the applicant provides the following documents. a. State of Pennsylvania, County of Blair, Affidavit, that shows J__ F___ certified that, "on 7 April 1966, while engaging a gorilla force in Vietnam, [applicant] without concern for his own safety did put himself between me and an enemy Soldier; who would surely have taken my life. If it were not for [applicant] risking his life to save mine, I would not have survived that day. With great conviction and gratitude I believe that [applicant] went above and beyond the call of duty. [Applicant] should be recognized for his action. There are many heroes on the battlefield and I count [applicant] among them." The affidavit was subscribed and sworn on 19 November 2014. b. A letter of support written by Colonel J___ G. G____, U.S. Army (Retired), dated 20 February 2015, who provided two previous letters in support of the applicant's original request, dated October 2013 and November 2013, in which he summarized his professional contact with the applicant (i.e., duty positions and units of assignment spanning the period November 1963 until July 1966). (1) He offers information correcting and amplifying that which is contained in the original Record of Proceedings (on pages 2 and 3) with respect to unit designations/redesignations (paragraph 4), the history of air assault training and award of the Air Assault Badge (paragraph 9), the absence of individual award recommendations (paragraph 10), and the relevant award criteria (paragraph 11) with information that the applicant met the criteria. (2) He states the applicant should have been awarded the: * AM for his participation in combat air assaults and meeting the required number of missions and flight hours * BSM for his service upon completion of his tour of duty in the RVN * ARCOM w/ V for his actions, on 7 April 1966, as documented in the affidavit * Air Assault Badge for completion of air assault training and serving in an airmobile, air-assault unit in combat (3) He provides information pertaining to former members of the chain of command and staff, and also identifies a website that offers information to assist in a better understanding of what members of the unit endured. c. The front page of Company D, 1st Battalion (Airborne), 187th Infantry, 11th AAD (T), Fort Benning, GA, Unit Order Number 11, dated 30 March 1965. The order format shows, "Under the provisions of paragraph 2, Circular Number 673-1, Headquarters, 11th AAD (T), dated 29 August 1963, the following individuals of Company D, 1st Battalion (Airborne), 187th Infantry, this station are awarded the Air Assault Badge." The unit order lists the names of 34 Soldiers, including the applicant's name with a different service number (last two digits). The reverse side of the order (authentication page) was not provided. 7. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. a. The BSM is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. b. The AM 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. c. The ARCOM is awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. The ARCOM w/ V Device is awarded for heroism. d. 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. e. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 8. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided guidelines for award of the AM. It stated passenger personnel who did not participate in an air assault were not eligible for the award based upon sustained operations. It defined terms and provided guidelines for the award based upon the number and types of missions or hours. Twenty-five Category I missions (air assault and equally dangerous missions) and accrual of a minimum of 25 hours of flight time while engaged in Category I missions was the standard established for which sustained operations were deemed worthy of recognition by an award of the AM. However, the regulation was clear that these guidelines were considered only a departure point. To be recommended for award of the AM, an individual must have completed a minimum of 25 category I missions, 50 category II missions, or 100 category III missions. 9. Army Regulation 672-5-1 (Military Awards), Change Number 5, effective 1 December 1979, in pertinent part, added paragraph 5.22.1 (Air Assault Badge) to Chapter 5 (Badges and Tabs) and included the criteria for award of Air Assault Badge. It shows the Commander, 101st Airborne Division (Air Assault) may award the Air Assault Badge to any individual who has satisfactorily completed the prescribed proficiency tests and the standard Air Assault Course while assigned or attached to the 101st Airborne Division (Air Assault) since 1 April 1974. 10. Title 10, U.S. Code, section 1130 (10 USC 1130), provides the legal authority for consideration of proposals for decorations not previously submitted or acted upon in a timely fashion. Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration. Based upon such review, the Secretary shall determine the merits of approving the award. 11. The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to: Commander, U.S. Army Human Resources Command, Soldier Programs and Services Division, 1600 Spearhead Division Avenue, Fort Knox, Kentucky  40122. The unit must be clearly identified, along with the period of assignment and the recommended award. A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638. Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents. Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request. The burden and costs for researching and assembling supporting documentation rest with the applicant. DISCUSSION AND CONCLUSIONS: 1. The applicant's requests for reconsideration of his request for correction of his records to show additional awards and decorations was carefully considered. 2. The copy of the order the applicant provides (front page, only) shows the Commander, Company D, 1st Battalion (Airborne), 187th Infantry, 11th AAD (T), awarded him the Air Assault Badge under the provisions of 11th AAD (T), Circular Number 673-1, dated 29 August 1963. a. The order lists an incorrect service number for the applicant and the reverse side of the order (authentication page) was not provided. However, these two matters are not the essential issues with respect to the applicant's request pertaining to the Air Assault Badge. b. The evidence of record shows Headquarters, Department of the Army, announced criteria for award of the Air Assault Badge, effective 1 December 1979. At that time, authority was granted to award of the Air Assault Badge to any individual who had satisfactorily completed the prescribed proficiency tests and the standard Air Assault Course since 1 April 1974. c. Thus, the 1965 unit order that awarded the Air Assault Badge effectively authorized those individuals of the command to wear a version of the Air Assault Badge that was not subsequently, retroactively recognized by Headquarters, Department of the Army. d. As such, the badge is not authorized for entry on his DD Form 214. 3. There is no evidence of record that shows the applicant was recommended for or awarded the BSM, the AM, or the ARCOM w/ V. 4. The information contained in both the affidavit and letter of support are acknowledged; however, they provide insufficient evidence to support correction of the applicant's records to show any additional awards or decorations. 5. The evidence of record shows that award of a personal decoration requires a formal recommendation, approval through the chain of command, and announcement in orders. There is no evidence of record that shows the applicant was recommended for or awarded the BSM, the AM, or the ARCOM w/ V. Therefore, there is an insufficient evidentiary basis for correcting the applicant's records to show any of the requested awards. 6. While the available evidence is insufficient for correcting the applicant's records to show any of these awards, this in no way affects his right to pursue his claim for awards by submitting his request to the Commander, U.S. Army Human Resources Command, through his Member of Congress under the provisions of 10 USC 1130. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___X_____ __X______ __X__ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20130020271, dated 15 July 2014. 2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation during the Vietnam Conflict. The applicant and all Americans should be justifiably proud of his service in arms. _______ _ 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. ABCMR Record of Proceedings (cont) AR20150004149 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004149 8 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1