BOARD DATE: 20 June 2017 DOCKET NUMBER: AR20160001807 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: 20 June 2017 DOCKET NUMBER: AR20160001807 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 adding the following awards to his DD Form 214: * Silver Star * Air Medal * Valorous Unit Award * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Expert Marksmanship Qualification Badge with Grenade Bar * Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) 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 with 1st Oak Leaf Cluster. ___________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: 20 June 2017 DOCKET NUMBER: AR20160001807 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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Silver Star, Air Medal with 1st Oak Leaf Cluster, and all other awards he is entitled to receive. 2. The applicant states he signed his DD Form 214 without noticing that it did not include all of his awards. 3. The applicant provides: * DA Form 1577 (Authorization for Issuance of Awards) * Silver Star Certificate * newspaper article * two letters * two DD Forms 214 * DD Form 215 (Correction to DD Form 214) * General Orders Number 16369 * General Orders Number 19498 * Standard Form 180 (Request Pertaining to Military Records) 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 was inducted into the Army of the United States on 2 April 1969. 3. The applicant was assigned to the Republic of Vietnam from 13 April to 27 November 1970. He served with Headquarters and Headquarters Company, 5th Battalion, 7th Cavalry Regiment, 1st Cavalry Division (Airmobile), from 23 April to 15 May 1970. This form further shows he was assigned to Company B, 5th Battalion, 7th Cavalry Regiment, 1st Cavalry Division (Airmobile), from 16 May to 7 July 1970 and Company A, 5th Battalion, 7th Cavalry Regiment, 1st Cavalry Division (Airmobile), from 8 July to 21 November 1970. 4. Special Orders Number 102 issued by Headquarters, First Basic Combat Training Brigade, on 21 May 1969 awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). 5. Special Orders Number 106, issued by Headquarters, First Basic Combat Training Brigade, on 27 May 1969 awarded him the Expert Marksmanship Qualification Badge with Grenade Bar. 6. Special Orders Number 133, issued by Headquarters, Second Advanced Individual Training Brigade, on 1 July 1969 awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16). 7. Special Orders Number 137, issued by Headquarters, Second Advanced Individual Training Brigade, on 8 July 1969, awarded him the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60). 8. General Orders Number 16369, issued by Headquarters, 1st Cavalry Division (Airmobile), on 4 September 1970 awarded him the Silver Star. 9. General Orders Number 19498, issued by Headquarters, 1st Cavalry Division (Airmobile), on 12 November 1970 awarded him the Air Medal. 10. On 27 November 1970, he was honorably released from active duty for seasonal employment. His DD Form 214 lists the following awards: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Purple Heart * Army Good Conduct Medal * Combat Infantryman Badge 11. He was issued a DD Form 215 on 6 November 1972, deleting award of the Vietnam Service Medal and adding the following awards: * Vietnam Service Medal with three bronze service stars * Bronze Star Meal with 1st Oak Leaf Cluster 12. 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 U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders awarding him the Air Medal with 1st Oak Leaf Cluster. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states 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 an announcement in orders are required. 2. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) prescribed policies, responsibilities, and criteria for awards in order to insure prompt and proper recognition of individuals. This regulation provided guidelines for award of the Air Medal. a. 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. b. Combat missions were divided into three categories. 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 the delivery of ordnance against the hostile force or delivery of friendly troops or supplies into the immediate combat operations area. A category II mission was characterized by support rendered a friendly force immediately before, during, or immediately following a combat operation. 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. c. 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 times and adjust it to a common denominator. d. Appendix IV required that recommendations for award of the Air Medal for crewmembers or non-crewmembers on flying status would be submitted on U.S. Army Vietnam Regulation Form 157-R. The recommendation for award must also have stated that the individual "met the required number of missions and hours for award of the Air Medal"; that "the individual has not caused, either directly or indirectly, an aircraft abort, late take-off, accident or incident"; and that the "individual's accomplishments and service throughout the period have reflected meritorious performance, with no instance of non-professionalism, mediocrity, or failure to display an aggressive spirit." 3. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam. The 5th Battalion, 7th Cavalry Regiment, 1st Cavalry Division, was cited for award of the: a. Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period May 1969 through February 1970 in Department of the Army General Orders (DAGO) Number 11, dated 1973, as amended by DAGO Number 42, dated 1972; and b. Valorous Unit Award for the period 1 May through 29 June 1970 in DAGO Number 43, dated 1972. DISCUSSION: 1. The applicant's honorable service and the sincerity of his request are not in question. However, as with all personal decorations, award of the Air Medal with 1st Oak Leaf Cluster requires a formal recommendation, approval through the chain of command, and announcement in orders. The applicant's records do not contain a recommendation for or orders announcing a second award of the Air Medal. 2. General orders awarded him the Silver Star and Air Medal. 3. Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), Expert Marksmanship Qualification Badge with Grenade Bar, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), and the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60). 4. General orders further awarded his unit in Vietnam the Republic of Vietnam the Gallantry Cross with Palm Unit Citation and Valorous Unit Award during his period of assignment. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001807 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001807 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2