ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 2 October 2020 DOCKET NUMBER: AR20200001055 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report for Transfer or Discharge) for the period ending 14 April 1973 to show award of the Distinguished Flying Cross. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), dated 7 November 2019 * Self-Authored letter, undated * article, "Rescue at Giong Trom" from RAN Helicopter Flight Vietnam History – Royal Australian Navy, undated * Action Report, dated 11 February 1971 * DD Form 214, for the period ending 14 April 1973 FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states: a. During the period of February 1971 through June 1971, the entire 135th Assault Helicopter Company (AHC) flew extra missions and was preparing for its relocation from Dong Tam, IV Corps to DiAn, III Corps at the same time. b. He believes the recommendation for his award of the Distinguished Flying Cross was lost during the move. c. In 1971 and prior to the move, he obtained the mailing address for Lieutenant Commander J____, to whom he sent two letters. d. His first letter was in reference to the Distinguished Flying Cross recommendation and the event that occurred on 11 February 1971. His second letter was sent with a copy of the action report which was given to him the day after the action took place. He never received a response to either letter from Lieutenant Commander J____ and he did not retain a copy of the letters. e. Prior to his departure from Vietnam in November 1971, he made a visit to the 135th AHC at DiAn to inquire if any paperwork had been found concerning the recommendation for his award of the Distinguished Flying Cross. f. He gave up on his award of the Distinguished Flying Cross until he saw the article that was published in 2018 concerning the rescue of a downed helicopter crew by the command and control helicopter. g. The actions taken by him and Lieutenant Commander J____ warrant award of the Distinguished Flying Cross as it took both of them to successfully completed the rescue of the downed crew members with only one member receiving a flesh wound. 3. Sufficient evidence is contained in the records for correction of the applicant's DD Form 214 for the period ending 6 September 1972 without Board action. His DD Form 214 for this period will be administratively corrected to show award of the following: * 2nd Award to his previously-issued Bronze Star Medal with "V" Device * Numeral 9 to his previously-issued Air Medal * 2nd Award to his previously-issued Army Commendation Medal with "V" Device * one silver service star and two bronze service stars to his previously-issued Vietnam Service Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 4. On 15 January 1964, the applicant enlisted in the Regular Army. 5. On 11 August 1965, he was honorably discharged for to reenlistment. 6. On 12 August 1965, the applicant reenlisted in the Regular Army. 7. On 24 May 1967, he was honorably discharged to accept a commission. His DD Form 214 for this period shows he completed 1 year, 9 months, and 13 day of net service and he had 1 year, 6 months, and 29 days of other service. He was awarded the National Defense Service Medal and Army Good Conduct Medal. 8. On 25 May 1967, the applicant was commissioned as a Reserve second lieutenant and he was ordered to active duty on the same date. 9. The applicant provided: a. a self-authored letter to Lieutenant Commander J____, undated, which shows, in part, his inquiry on the status of his award of the Distinguished Flying Cross and a description of the events in which the two of them were involved on 11 February 1971 in the Republic of Vietnam. He indicated Lieutenant Commander J____ was the pilot and he was the co-pilot, both assigned to the 135th AHC in Dong Tam. The mission was "combat assault inserting Viet Nam troops into a landing zone to conduct search and reconnaissance mission." He also included a self-authored "Results of Action" in which he indicated 40 of the 50 Vietnamese troops inserted into the landing zone were wounded or killed; one U.S. troop wounded. b. an internet article, "Rescue at Giong Trom" from RAN Helicopter Flight Vietnam History – Royal Australian Navy, undated, that shows, in part, out of 40 Soldiers, 22 were killed and 10 wounded during the insertion of units near Giong Trom proved disastrous for the troops when the helicopters received heavy fire from the rear as the Solders were disembarking. The Viet Cong had known of the location of the intended landing zone and had prepared it as an ambush site. 10. His DA Form 2-1 (Personnel Qualification Record) shows in: a. item 5 (Overseas Service) – "None" b. item 9 (Awards, Decorations and Campaigns) – * National Defense Service Medal * Army Good Conduct Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Purple Heart (2nd Award) * Combat Infantryman Badge * Army Commendation Medal (2nd Award) * Army Reserve Components Achievement Medal (3rd Award) * Army Service Ribbon * Noncommissioned Officer Professional Development Ribbon (2nd Award) * Overseas Service Ribbon * Armed Forces Reserve Medal * Air Medal with Numeral 9 * Bronze Star Medal (2nd Award) * Army Aviator Badge * Expert Marksmanship Qualification Badge with Pistol Bar (.45 caliber) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.38 caliber) c. item 35 (Record of Assignments) – no unit information listed for the period 25 May 1967 through 6 September 1972. 11. 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 Awards and Decorations Branch of the U.S. Army Human Resources Command, contained the following orders pertaining to the applicant: a. Headquarters, 9th Infantry Division, General Orders Number 3735, dated 24 May 1968, which awarded him the Army Commendation Medal with "V" Device for action on 30 March 1968 and while he was assigned to Company B, 3rd Battalion, 39th Infantry Regiment, 9th Infantry Division; b. Headquarters, 9th Infantry Division, General Orders Number 7425, dated 25 August 1968, which awarded him the Bronze Star Medal with "V" Device for action on 8 May 1968 while he was assigned to Company B, 3rd Battalion, 39th Infantry Regiment, 9th Infantry Division; c. Headquarters, 1st Aviation Brigade, General Orders Number 6988, dated 29 October 1971, which awarded him the Army Commendation Medal for service on 7 June 1971 while he was assigned to Headquarters and Headquarters Company, 214th Combat Aviation Battalion; d. Headquarters, 1st Aviation Brigade, General Orders Number 7255, dated 21 November 1971, which awarded him the Air Medal Numerals 2 through 9 for the period 5 December 1970 to 2 November 1971 while he was assigned to Headquarters and Headquarters Company, 214th Combat Aviation Battalion; and e. Headquarters, 1st Aviation Brigade, General Orders Number 7437, dated 9 December 1971, which awarded him the Bronze Star Medal First Oak Leaf Cluster for the period 28 November 1970 to 28 November 1971 while he was assigned to Headquarters and Headquarters Company, 214th Combat Aviation Battalion. 12. On 6 September 1972, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Standby). His DD Form 214 for this period shows he completed 5 years, 3 months and 11 days of net service and in: a. item 12 (Last Duty Assignment and Major Command) – 13th Company, 1st Student Battalion, Training Student Brigade, 3rd U.S. Army; b. item 22c (Foreign and/or Sea Service) – United States Army Pacific Command (USARPAC), 1 year, 21 months, and 21 days; c. item 23a (Specialty Number and Title) – 1981 Rotary Wing Aviator, 20 October 1970; d. item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Purple Heart (2nd Award) * Combat Infantryman Badge * Army Commendation Medal with "V" Device (2nd Award) * Air Medal * Bronze Star Medal with "V" Device * Army Aviator Badge * four overseas service bars e. item 30 (Remarks) – Vietnam Service 5 January 1968 to 4 January 1969 and 29 November 1970 to 26 November 1971. 13. On 7 January 1973, the applicant was ordered to active duty. 14. On 14 April 1973, he was honorably released from active duty and transferred to the Army National Guard of North Carolina. His DD Form 214 for this period shows he completed 3 months and 8 days of net service and in item 24 – "None." 15. An ADCARS review failed to reveal any orders for award of the Distinguished Flying Cross pertaining to the applicant. 16. The applicant's available records are void of evidence showing he was assigned to the 135th AHC during the period 29 November 1970 to 26 November 1971 or he was recommended for or awarded the Distinguished Flying Cross. BOARD DISCUSSION: 1. The Board agreed that, in the absence of a formal recommendation for award of the Distinguished Flying Cross or orders showing he received the award, there is insufficient documentation to support a recommendation for relief in this case. 2. The Board further noted that, in spite of the Board's recommendation to deny relief in this case, a recommendation to award the applicant the Distinguished Flying Cross may still be submitted under the provisions of Title 10, U.S. Code, Section 1130, using the procedures prescribed by the U.S. Army Human Resources Command (see the References section below). 3. The Board concurred with the corrections described in Administrative Note(s) below. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : X :X :X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: Other than corrections described in Administrative Note(s) below, the Board determined the evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are otherwise insufficient as a basis for correction of the records of the individual concerned. 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. ADMINISTRATIVE NOTE(S): The applicant was awarded or authorized the following awards not listed on his DD Form 214 for the period ending 6 September 1972: * 2nd Award to his previously-issued Bronze Star Medal with "V" Device * Numeral 9 to his previously-issued Air Medal * 2nd Award to his previously-issued Army Commendation Medal with "V" Device * one silver service star and two bronze service stars to his previously-issued Vietnam Service Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 600-8-22 (Military) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Distinguished Flying Cross is awarded to any person who, while serving in any capacity with the Army of the United States, distinguishes himself or herself by valor, heroism, or extraordinary achievement while participating in aerial flight. The performance of the act of heroism must be evidenced by voluntary action above and beyond the call of duty. The extraordinary achievement must have resulted in an accomplishment so exceptional and outstanding as to clearly set the individual apart from his or her comrades or from other persons in similar circumstances. Awards will be made only to recognize single acts of heroism or extraordinary achievement and will not be made in recognition of sustained operational activities against an armed enemy. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. a. If the Secretary of the Army, or his designee, determines that a statement setting forth the distinguished act, achievement, or service, and a recommendation for official recognition was made and supported by sufficient evidence within 2 years after the distinguished service, and that no award was made because the statement was lost, or through inadvertence the recommendation was not acted upon; he or she may, within 2 years after the date of the determination (when the recommendation was discovered as lost), award any appropriate military decoration, numeral, or oak leaf cluster in lieu thereof, to the person concerned (Title 10, USC, section 3744). b. In each case, the recommender for an award must provide the following to the Commander, U.S. Army Human Resources Command (AHRC–PDP–A), 1600 Spearhead Division Avenue, Fort Knox, KY 40122–5408: (1) Conclusive evidence of the formal submission of the recommendation into military channels. (2) Conclusive evidence of the loss of the recommendation or the failure to act on the recommendation through inadvertence. (3) A copy of the original recommendation, or its substantive equivalent, at a minimum, should be accompanied by statements, certificates, or affidavits corroborating the events, actions, or achievements. The recommender must provide the Commander, U.S. Army Human Resources Command with adequate information for Secretarial evaluation of the deed or service to determine if an award is to be made. The person signing a reconstructed award recommendation must be identified clearly in terms of his or her official relationship to the intended recipient at the time of the act or during the period of service to be recognized. c. Except for award recommendations submitted in accordance with the provisions of Section 1130, Title 10, USC, section 1130), each recommendation for an award of a military decoration must be entered administratively into military channels within 2 years of the act, achievement, or service to be honored, with exception of the Medal of Honor, Distinguished Service Cross, and Distinguished Service Medal. An award recommendation will be considered to have been submitted into military channels when it has been signed by the initiating officer and endorsed by a higher official in the chain of command. However, pursuant to Title 10, USC, section 1130, a Member of Congress can request consideration of a proposal for the award or presentation of decoration (or the upgrading of a decoration), either for an individual or unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy. Based upon such review, the Secretary of the Army will make a determination as to the merit of approving the award or presentation of the decoration and other determinations necessary to comply with congressional reporting requirements under Title 10, USC, section 1130. d. Preparing an award recommendation years after an action has occurred can be a challenge. However, the requestor is solely responsible for assembling a complete award recommendation package, which is submitted through a Member of Congress to the Commander, U.S. Army Human Resources Command. It is incumbent upon the requestor to conduct any historic research necessary to ensure the award recommendation is complete prior to submission. In the event an incomplete award recommendation is submitted, the Commander, U.S. Army Human Resources Command, Award and Decorations Board, will contact the requesting Member of Congress and provide specific guidance regarding the additional information required in order for the case to be considered. e. Numerals, starting with 2, will be used to denote second and subsequent awards of the Air Medal. f. One bronze service star is authorized with the Vietnam Service Medal for each campaign during which a member was assigned or attached to and present for duty with a unit during the period in which it participated in combat. A silver oak leaf cluster is worn instead of five bronze oak leaf clusters. 3. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), in effect at the time, contains a register of unit citations and campaign participation credits for the Vietnam Conflict, the Grenada Operation, and the period of service subsequent to the Vietnam Conflict up to February 1986. This pamphlet shows: a. 3rd Battalion, 39th Infantry Regiment, was awarded the following: (1) Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 December 1966 to 30 June 1966 by Department of the Army General Orders (DAGO) Number 31, dated 1969, during a period in which the applicant was assigned to the unit and (2) Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 to 28 June 1969 by DAGO Number 43, dated 1970, during a period in which the applicant was assigned to the unit. b. Headquarters and Headquarters, 214th Aviation Battalion, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 October 1970 to 31 August 1972 by DAGO Number 6, dated 1974, during a period in which the applicant was assigned to the unit and c. Instructions stated that not more than one Republic of Vietnam Gallantry Cross with Palm Unit Citation will be worn by any individual. Although wear of multiple awards of this unit citation is not authorized, official military personnel and historical records will indicate all awards received. In those instances, however, where a single unit received duplicate Republic of Vietnam Gallantry Cross with Palm Unit Citations during the same period, only one will be recorded in official military personnel and historical records. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200001055 9 1