IN THE CASE OF: BOARD DATE: 3 November 2015 DOCKET NUMBER: AR20150005210 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 records to show the following awards: * Air Medal * 2 overseas service bars * Army Commendation Medal * Army Good Conduct Medal * Vietnam Service Medal * Vietnam Campaign Medal * National Defense Service Medal 2. The applicant states as part of the Phoenix Program, he flew numerous missions in support of the South Vietnamese as part of Advisory Team 44. 3. The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 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's records show he was inducted into the Army of the United States on 15 April 1969 and he held military occupational specialties 71B (Clerk Typist). 3. Special Orders (SO) Number 122, issued by Headquarters, U.S. Army Training Center, Fort Bliss, TX on 6 June 1969, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14). 4. SO Number 6, issued by Headquarters, 2nd Psychological Operations Group, Fort Bragg, NC on 12 January 1970 awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). 5. He served in Vietnam from 2 March 1970 to 22 February 1971. He was assigned to Advisory Team 44, U.S. Army Military Assistance Command Vietnam (MACV). 6. General Orders (GO) Number 479, issued by Headquarters, MACV, on 20 January 1971, awarded him the Bronze Star Medal for meritorious service from March 1970 to January 1971. 7. On 13 February 1971, Headquarters, MACV, issued a memorandum authorizing him to accept and wear the Staff Service Medal Second Class which was presented to him by the Government of the Republic of Vietnam. 8. GO Number 1365, issued by Headquarters, MACV, on 29 March 1971, awarded him the Army Good Conduct Medal (1st Award) for service during the period 15 April 1969 through his date of separation on or about 26 February 1971. 9. On 22 February 1971, he was honorably released from active duty in the rank/grade of specialist four/E-4 and transferred to the U.S. Army Reserve to complete his remaining service obligation. His DD Form 214 shows the: * National Defense Service Medal * Vietnam Campaign Medal * Vietnam Service Medal * Bronze Star Medal 10. His records do not contain official orders showing he was awarded the Army Commendation Medal or the Air Medal. Additionally, item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show award of the Army Commendation Medal or the Air Medal. 11. A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Army Commendation Medal or the Air Medal pertaining to the applicant. 12. Army Regulation 600-8-22 (Military Awards) states: a. The Army Commendation Medal may be 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. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. b. 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. 13. U.S. Army Vietnam Regulation 672-1 provided guidelines for award of the Air Medal. It established that 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 Air Medal. However, the regulation was clear that these guidelines were considered only a departure point. 14. Although his records do not show he was recommended for or awarded the Air Medal or the Army Commendation Medal, Title 10 of the U.S. Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted 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. 15. 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, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 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. 16. 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. 17. A review of the applicant's records indicates his entitlement to additional awards which are not listed on his DD Form 214. 18. Appendix B of Army Regulation 600-8-22 (Military Awards) shows during his (approximate dates of) service in Vietnam, campaign participation credit was awarded for the below campaigns. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. * 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 19. Department of the Army General Orders (DAGO) Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command Vietnam and its subordinate units during the period 8 February 1962 to 28 March 1973. 20. DA Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his assignment to Advisory Team 44 in Vietnam, this unit was awarded the Meritorious Unit Commendation for service from 15 April 1970 to 15 April 1972 by DAGO Number 11, dated 1973. DISCUSSION AND CONCLUSIONS: 1. GO awarded the applicant the Army Good Conduct Medal (1st Award) which is not shown on his DD Form 214. 2. SO awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). Neither badge is listed on his DD Form 214. 3. The applicant was authorized to accept and wear the Staff Service Medal Second Class which was presented to him by the Government of the Republic of Vietnam. This foreign award is not listed on his DD Form 214. 4. He was awarded the Vietnam Service Medal. He also participated in three campaigns during his service in Vietnam. He meets the criteria for award of three bronze service stars for wear on his already-awarded Vietnam Service Medal and to correction of his DD Form 214 to show these service stars. 5. GO awarded his unit in Vietnam the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment. Neither unit award is listed on his DD Form 214. 6. The National Defense Service Medal, Vietnam Campaign Medal, and Vietnam Service Medal (albeit without the campaign stars) are already listed on his DD Form 214. 7. The applicant completed 11 months and 26 days of foreign service in Vietnam from 2 March 1970 to 22 February 1971. He meets the criteria for two overseas service bars. However, the overseas service bar is not an award; it is an item of clothing and there is no provision to list items of clothing on the DD Form 214. 8. With respect to the Air Medal and Army Commendation Medal: a. There are no GO awarding him the Air Medal or the Army Commendation Medal and there is no evidence in the available records that show he was recommended for or awarded the Air Medal or the Army Commendation Medal. b. The governing Army regulation states that for personal decorations (which include the Air Medal and Army Commendation Medal) a formal recommendation, approval through the chain of command, and announcement in orders for award of the Air Medal and Army Commendation Medal. In the absence of orders or other independent evidence that would confirm he met the criteria (completed the number of missions necessary) to be awarded the Air Medal or was recommended for the Army Commendation Medal, there is insufficient evidence upon which to add either award to his DD Form 214. b. While the available evidence is insufficient for awarding the applicant the Air Medal and the Army Commendation Medal, this in no way affects his right to pursue his claim for the Air Medal and Army Commendation Medal by submitting a request through his Member of Congress under the provisions of 10 USC 1130. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____X___ ____X___ ____X___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was 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 deleting from his DD Form 214 the Vietnam Service Medal and adding the: * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with three bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Republic of Vietnam Staff Service Medal Second Class 2. The Board further determined that 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 to his DD Form 214: * Air Medal * Army Commendation Medal * 2 overseas service bars _______ _ 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) AR20150005210 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005210 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1