BOARD DATE: 19 January 2017 DOCKET NUMBER: AR20150015348 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: 19 January 2017 DOCKET NUMBER: AR20150015348 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 20 February 1967 through 20 November 1969. b. Correcting item 24 of his DD Form 214, as follows: * delete "Silver Medal," replace with Silver Star * delete Purple Heart with Oak Leaf Cluster, replace with Purple Heart (3rd Award) * delete Vietnam Service Medal, replace with Vietnam Service Medal with four bronze service stars * add the Army Good Conduct Medal (1st Award), Presidential Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class, Republic of Vietnam Gallantry Cross with Palm 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 award of the Air Medal. ___________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: 19 January 2017 DOCKET NUMBER: AR20150015348 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 item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) as follows: * delete "Silver Medal" and replace it with "Silver Star" * award and add the Army Good Conduct Medal (1st Award) * award and add the Air Medal 2. The applicant states, in effect, he was awarded the Silver Star for action against the enemy on 26 March 1968, and his DD Form 214 incorrectly lists it as "Silver Medal." Additionally, he feels he should receive both the Army Good Conduct Medal and the Air Medal. Regarding the Air Medal, he was part of a number of helicopter drops into combat areas and feels this meets the criteria for award of the Air Medal. 3. The applicant provides a copy of the Würzburg Community Chronicle dated 29 April 1969 and his 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 20 February 1967. Following initial training, he was awarded military occupational specialty 11C (Infantry Indirect Fire Crewman). 3. He served in Vietnam from on or about 14 July 1967 to on or about 13 July 1968. He served in four campaigns. While in Vietnam, he was assigned to two units: * 1st Battalion, 8th Infantry Regiment (on or about 25 July 1967 to on or about 30 July 1967) * 3rd Battalion, 8th Infantry Regiment (on or about 1 August 1967 to on or about 7 July 1968) 4. His available service record contains the following documents: a. General Orders (GO) Number 4625, dated 28 December 1967, issued by Headquarters, 4th Infantry Division, awarded him the Purple Heart (1st Award) for wounds sustained on 11 November 1967. b. GO Number 2074, dated 21 May 1968, issued by Headquarters, 4th Infantry Division, awarded him the Purple Heart (2nd Award) for wounds incurred on 31 March 1968. c. GO Number 164, dated 11 May 1968, issued by Headquarters, 71st Evacuation Hospital (SMBL (Semi-Mobile)), awarded him the Purple Heart (3rd Award) for wounds received on 10 May 1968. d. GO Number 4886, dated 14 September 1968, issued by Headquarters, 4th Infantry Division, awarded him the Silver Star for gallantry in action against an armed hostile force on 26 March 1968. e. DA Form 20 (Enlisted Qualification Record) shows he received ratings of "Excellent" for both conduct and efficiency during the entire period of his active service. f. His record is void of any orders, documents, or entries that would either indicate he was awarded the Air Medal or participated in combat air missions. Additionally, no derogatory information was found nor was there any indication his commander disqualified him for the award of the Army Good Conduct Medal. 5. He was honorably released from active duty on 20 November 1969. His DD Form 214 shows he completed 2 years and 9 months of net active creditable service. His DD Form 214 shows his rank/grade as sergeant/E-5 and shows he was awarded or authorized: * "Silver Medal" * Bronze Star Medal with "V" Device * Purple Heart (2nd Award) * Army Commendation Medal * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) * two overseas service bars 6. A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam-era between 1965 and 1973 maintained by the U.S. Army Human Resources Command, failed to reveal any orders awarding the applicant the Air Medal. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes policies and procedures for military awards. a. A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. 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. 2. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided, in pertinent part, guidelines for award of the Air Medal. 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. a. Combat missions were divided into three categories. (1) A category I mission was defined as a mission performed in an assault role in which a hostile force was engaged and was characterized by delivery of ordnance against the hostile force, or delivery of friendly troops or supplies into the immediate combat operations area. Category I missions can include aero-medical evacuation from the assault area and visual reconnaissance immediately preceding a combat assault. (2) A category II mission was characterized by support rendered a friendly force immediately before, during or immediately following a combat operation. These missions would include aero-medical evacuation not connected with combat assault and armed and/or visual reconnaissance. (3) A category III mission was characterized by support of friendly forces not connected with an immediate combat operation but which must have been accomplished at altitudes which made the aircraft at times vulnerable to small arms fire, or under hazardous weather or terrain conditions. Included are aero-medical evacuation and visual reconnaissance. b. To be recommended for award of the Air Medal, an individual must have completed a minimum of 25 category I missions, 50 category II missions, or 100 category III missions. Since various types of missions would have been completed in accumulating flight time toward award of an Air Medal for sustained operations, different computations would have had to be made to combine category I, II and III flight time and adjust it to a common denominator. 3. Army Regulation 672-5-1 (Awards), in effect at the time, indicated 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. Additionally, it was awarded, 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. 4. DA Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. a. The 3rd Battalion, 8th Infantry Regiment was awarded the Presidential Unit Citation for the period 29 October to 30 November 1967 by Department of the Army GO (DAGO) Number 52, 1971. b. The 3rd Battalion, 8th Infantry Regiment was also awarded the Republic of Vietnam Civil Actions Honor Medal First Class for the period 1 October 1966 to 31 October 1969 by DAGO Number 53, 1970. c. All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation as confirmed by DAGO Number 8, dated 1974. DISCUSSION: 1. General orders awarded the applicant the Silver Star. His DD Form 214 shows the "Silver Medal." It appears a clerical error was made. Additional errors on his DD Form 214 are: he received two Purple Hearts, but his record confirms he actually was awarded three; it lists the award of the Vietnam Service Medal, but does not reflect the four campaigns in which he participated. 2. His unit of assignment in Vietnam received three unit awards for which he is qualified: Presidential Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 3. He appears to have met the criteria for award of the Army Good Conduct Medal (1st Award) for the period 20 February 1967 through 20 November 1969. * his DA Form 20 shows his conduct and efficiency throughout his military service were "Excellent" * within less than 2 years he was promoted to sergeant * he earned the Silver Star and the Bronze Star Medal with "V" Device * he was awarded the Combat Infantryman Badge, which requires satisfactory performance as an infantry Soldier * there is no derogatory information in his available service record * the preponderance of evidence indicates the overall quality of his service was consistent with the regulatory requirements for this award 4. With regard to the award of the Air Medal, neither his record nor the documentation submitted by the applicant offers any evidence he met the criteria for this award. In addition, a review of the ADCARS database failed to reveal any orders reflecting the applicant received this award. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150015348 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150015348 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2