BOARD DATE: 30 May 2017 DOCKET NUMBER: AR20160001626 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 BOARD DATE: 30 May 2017 DOCKET NUMBER: AR20160001626 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 amending his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 26 September 1968 by deleting the Air Medal and the Vietnam Service Medal and adding the: * Distinguished Flying Cross * Bronze Star Medal (2nd Award) with "V" Device * Air Medal (Numeral 12) with "V" Device * Army Commendation Medal * Army Good Conduct Medal * Vietnam Service Medal with silver service star * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation _____________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: 30 May 2017 DOCKET NUMBER: AR20160001626 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 show he was awarded the: * Distinguished Flying Cross * Bronze Star Medal (BSM) with "V" Device * Air Medal with 10th Oak Leaf Cluster and with "V" Device * Army Commendation Medal (ARCOM) 2. The applicant states, in effect, his service record should be factual and reveal all his awards for his rendered meritorious service. 3. The applicant provides: * two copies of his DD Form 214 for the period ending 26 September 1968 * an extract of his DA Form 20 (Enlisted Qualification Record) (page 4 with signature) * DA Form 4980-9 (Air Medal Certificate), dated 17 December 1967, covering the period 25 October 1967 through 4 November 1967 * General Orders Number 7364, issued by Headquarters, 1st Infantry Division, on 23 July 1968, with accompanying Air Medal Certificate and Air Medal Citation * General Orders Number 9046, issued by Headquarters, 1st Infantry Division, on 25 August 1968, with accompanying Air Medal Certificate * General Orders Number 9446, issued by Headquarters, 1st Infantry Division, on 5 September 1968, with accompanying DA Form 4980-14 (ARCOM Certificate) and ARCOM Citation * General Orders Number 10409, issued by Headquarters, 1st Infantry Division, on 1 October 1968, with accompanying DA Form 4980-5 (BSM Certificate) and BSM Citation * General Orders Number 11205, issued by Headquarters, 1st Infantry Division, on 21 October 1968, with accompanying DA Form 4980-7 (Distinguished Flying Cross Certificate (Heroism)) * General Orders Number 11233, issued by Headquarters, 1st Infantry Division, on 22 October 1968, with accompanying BSM Certificate * Air Medal Certificate (Fifth - Tenth Oak Leaf Cluster), dated 27 December 1968, covering the period 21 March 1968 to 16 August 1968, with accompanying Air Medal Citation 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 military records are not available for review. A request to obtain his records from the National Personnel Records Center (NPRC) revealed they were not available. However, the DD Form 214 and other documentation he provides for review is sufficient documentation for the Board to conduct a fair and impartial review of this case. 3. The applicant was inducted into the Army of the United States on 13 September 1966. He completed his initial entry training and was awarded military occupational specialty 11B (Light Weapons Infantryman). 4. The applicant served in the Republic of Vietnam; however the exact dates of his service cannot be determined from the available evidence. 5. The applicant was honorably released from active duty on 26 September 1968. His DD Form 214 shows he completed 2 years and 14 days of total active service, including 1 year and 7 months of foreign and/or sea service. His last duty assignment and major command was with Company A, 1st Aviation Battalion, 1st Infantry Division, U.S. Army Pacific. Additionally, his DD Form 214 shows he was awarded or authorized the: * Purple Heart * Air Medal * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Sharpshooter Marksmanship Qualification Badge * Combat Infantryman Badge 6. The applicant provides: a. An extract of his DA Form 20, which shows he was credited with two Republic of Vietnam campaigns (Vietnam Counteroffensive, Phase II and III), an entry referencing a wound he received on 29 March 1967, and his awards and decorations as listed on his DD Form 214. b. An Air Medal Certificate, dated 17 December 1967, which shows he was awarded the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam during the period 25 October 1967 through 4 November 1967. This award is listed on his DD Form 214. c. General Orders Number 7364, issued by Headquarters, 1st Infantry Division, on 23 July 1968, with accompanying Air Medal Certificate and Air Medal Citation, which show he was awarded the Air Medal (First - Fourth Oak Leaf Cluster) for meritorious achievement while participating in aerial flight in the Republic of Vietnam during the period 5 November 1967 through 16 March 1968. d. General Orders Number 9046, issued by Headquarters, 1st Infantry Division, on 25 August 1968, with accompanying Air Medal Certificate, which show he was awarded the Air Medal (Fifth Oak Leaf Cluster) with "V" Device for heroism while participating in aerial flight in the Republic of Vietnam for action on 12 May 1968. e. General Orders Number 9446, issued by Headquarters, 1st Infantry Division, on 5 September 1968, with accompanying ARCOM Certificate and ARCOM Citation, which show he was awarded the ARCOM for meritorious service in the Republic of Vietnam during the period October 1967 through August 1968. f. General Orders Number 10409, issued by Headquarters, 1st Infantry Division, on 1 October 1968, with accompanying BSM Certificate and BSM Citation, which show he was awarded the BSM for meritorious achievement in the Republic of Vietnam during the period 15 March 1968 through 8 September 1968. g. General Orders Number 11205, issued by Headquarters, 1st Infantry Division, on 21 October 1968, with accompanying Distinguished Flying Cross Certificate (Heroism), which show he was awarded him the Distinguished Flying Cross for heroism while participating in aerial flight in the Republic of Vietnam for action on 14 September 1968. h. General Orders Number 11233, issued by Headquarters, 1st Infantry Division, on 22 October 1968, with accompanying BSM Certificate, which show he was awarded the BSM with "V" Device for heroism not involving participation in aerial flight, in connection with military operations against a hostile force in the Republic of Vietnam on 12 September 1968. i. An Air Medal Certificate (Fifth – Tenth Oak Leaf Cluster), dated 27 December 1968, with accompanying Air Medal Citation, which shows he was awarded the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam during the period 21 March 1968 through 16 August 1968. 7. 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 (HRC), revealed the following awards/decorations orders not already provided by the applicant or listed on his DD Form 214: a. General Orders Number 10136, issued by Headquarters, 1st Infantry Division, on 24 September 1968, which show he was awarded the Army Good Conduct Medal (First Award) for the period 13 September 1966 through 29 September 1968. b. General Orders Number 12253, issued by Headquarters, 1st Infantry Division, on 22 November 1968, which show he was awarded the Air Medal (Fifth – Tenth Oak Leaf Cluster) for meritorious achievement while participating in aerial flight in the Republic of Vietnam during the period 21 March 1968 through 16 August 1968. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. A bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in. A silver service star is worn instead of five bronze service stars. Appendix B shows that during his service in Vietnam, participation credit was awarded for the following five campaigns: * Vietnam Counteroffensive, Phase II (1 July 1966 - 31 May 1967) * Vietnam Counteroffensive, Phase III (1 June 1967 - 29 January 1968) * Tet Counteroffensive (30 January 1968 - 1 April 1968) * Vietnam Counteroffensive, Phase IV (2 April 1968 - 30 June 1968) * Vietnam Counteroffensive, Phase V (1 July 1968 - 1 November 1968) b. Numerals are now used instead of oak leaf clusters to designate the second and subsequent awards of the Air Medal. 2. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows Company A, 1st Aviation Battalion, the unit to which the applicant was assigned, was cited for the following unit awards during the period in which the applicant was assigned: * Republic of Vietnam Gallantry Cross with Palm Unit Citation, for service during the period 12 July 1965 - 16 October 1968, by Department of the Army General Orders (DAGO) Number 12, dated 1969 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for service during the period October 1965 - 7 April 1970, by DAGO 53, dated 1970 DISCUSSION: 1. General Orders awarded the applicant the following awards/decorations that are not shown on his DD Form 214: * Distinguished Flying Cross * Bronze Star Medal (2nd Award) with "V" Device * Army Commendation Medal * Army Good Conduct Medal (1st Award) 2. The applicant's DD Form 214 shows he was awarded a single Air Medal. a. General Orders Number 7364, dated 23 July 1968, show he was awarded the Air Medal (First - Fourth Oak Leaf Cluster, now represented by Numerals 2 through 5). b. General Orders Number 9046, dated 25 August 1968, show he was awarded the Air Medal (Fifth Oak Leaf Cluster, now represented as Numeral 6) with "V" Device. c. General Orders Number 12253, dated 22 November 1968, show he was awarded the Air Medal (Fifth - Tenth Oak Leaf Cluster, now represented as Numerals 6 through 11). d. It appears General Orders Number 12253 did not accurately account for his previous award of the Air Medal (Fifth Oak Leaf Cluster, now represented as Numeral 6) with "V" Device, as awarded by General Orders Number 9046 on 25 August 1968. It further appears General Orders Number 12253 should have more accurately awarded him the Air Medal (Sixth – Eleventh Oak Leaf Cluster, now represented as Numerals 7 through 12). 3. The applicant participated in five campaigns during his service in the Republic of Vietnam; however, his DD Form 214 shows only his previously-awarded Vietnam Service Medal without any corresponding bronze service stars to denote campaign participation. By regulation, a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. A silver service star is worn instead of five bronze service stars. 4. General orders awarded his unit of assignment in the Republic of Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. These unit awards are 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) AR20160001626 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001626 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2