ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 15 October 2020 DOCKET NUMBER: AR20200001234 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the: * Silver Star * Army Commendation Medal APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), dated 28 August 2019 * Self-Authored Statement, undated * DA Form 4980-14 (Army Commendation Certificate), dated 27 March 1969 * Army Commendation Medal Citation, undated * DD Form 214 for the period ending 1 July 1969 FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code, 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. In the spring of 1969, he was a member of the 101st Aviation, an assault helicopter group supporting a Marine reconnaissance group out of Quang Tri, Vietnam. His group was responsible for inserting and extracting eight-man reconnaissance teams. His group inserted a squad in the area of natural caves and elephant grass over 20 feet tall. Upon leaving the landing zone his helicopter took small arms fire and the team leader was frantically calling to get them out of there because the enemy was everywhere. b. Without proper gunship support, his team made the decision to rescue the squad. His group stormed the landing zone while under heavy fire and found the team and returned every man back safely. They fired their M-60s until they were cherry-red. They counted 27 holes in their Utility Helicopter (UH-1H). It was estimated that a North Vietnamese unit of over 300 were holed up in the caves. c. Upon returning to Quang Tri, a Marine colonel came running out to the flight line, saluted them, and said it was the bravest thing he ever saw. Later, one of the reconnaissance team members told him they were being put in for the Silver Star. They never heard anything after that and they returned to their unit at Camp Evans. It was a harrowing experience but he was proud to be a part of not leaving a man behind. d. He was advised by personnel at the National Personnel Records Center to apply for a records correction. 3. The applicant's records contain sufficient evidence to support additional awards not shown on his DD Form 214. His DD Form 214 for the period ending 1 July 1969 will be administratively corrected without Board action to show award of the following: * one silver and two bronze service stars to his previously-issued Vietnam Service Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Parachutist Badge * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60) 4. The Board will consider the applicant's request for award of the Silver Star and Army Commendation Medal. The Board will also consider award of the Army Good Conduct Medal for the applicant for the period 8 November 1966 to 1 July 1969. 5. On 8 November 1966, the applicant enlisted in the Regular Army. 6. Headquarters, U.S. Army Training Center, Infantry, Fort Benning, GA, Special Orders Number 9, dated 11 January 1967, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). 7. Headquarters, 3d Training Brigade (Infantry), U.S. Army Training Center, Fort Gordon, Special Orders Number 31, awarded him the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60). 8. Headquarters, 101st Airborne Division, Special Orders Number 188, dated 21 September 1967, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) 9. He served in Vietnam during the period 6 December 1967 to 1 July 1969 and he participated in seven campaigns. While in Vietnam, he was assigned to: * 101st Administration Company from 8 December 1967 to 12 September 1968 * 101st Combat Aviation Battalion from 13 September 1968 to 1 July 1969 10. Headquarters, 101st Airborne Division, General Orders Number 94, dated 7 January 1969, awarded him the Bronze Star Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam for the period 1 April 1968 to 30 November 1968. 11. He provided copies of his: a. DA Form 4980-14, dated 27 March 1969, showing his name on an Army Commendation Medal Certificate, for exceptionally meritorious achievement in the Republic of Vietnam during the period 1 October 1968 to 28 February 1969. b. Army Commendation Medal Citation for the period 1 October 1968 to 28 February 1969. The citation reads, in part, "His outstanding performance during the cited period was a significant contribution in support of the United States counterinsurgency effort in the Republic of Vietnam. He performed in a highly professional and efficient manner, accomplishing his assigned mission with exceptional results. He set an example that inspired his associates to strive for maximum achievement." 12. His DA Form 20 (Enlisted Qualification Record) shows, in part, in: a. item 33 (Appointments and Reductions) – no reductions; b. item 38 (Record of Assignments) – he received all "excellent" conduct and efficiency ratings; c. item 41 (Awards and Decorations) – he was awarded or authorized: * National Defense Service Medal * Parachutist Badge * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Bronze Star Medal * Combat Infantryman Badge * Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60) and Rifle Bar (M-14) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) d. item 44 (Lost Time Under section 972, Title 10, United States Code, and Subsequent to Normal Date Expiration of Term of Service) – no entries. 13. On 1 July 1969, he was honorably released from active duty. His DD Form 214 shows he completed 2 years, 7 months, and 24 days of net service and in: a. item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Combat Infantryman Badge * Bronze Star Medal b. item 26 (Non-Pay Periods Time Lost) – None. 14. 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 for the Silver Star and the Army Commendation Medal pertaining to the applicant. 15. His records are void of any disciplinary actions or a commander's disqualification for award of the Army Good Conduct Medal for the period 8 November 1966 to 1 July 1969. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that partial relief is warranted. 2. The Board found no evidence corroborating the applicant's claim that he was recommended for award of the Silver Star. In the absence of such evidence, the Board determined the available records are insufficient as a basis for correcting his DD Form 214 to show the Silver Star. 3. The Board accepted the Army Commendation Medal Certificate and Citation provided by the applicant as sufficient evidence to confirm he received this medal. The Board determined the applicant's DD Form 214 should be corrected by adding the Army Commendation Medal. 4. The Board found the applicant met the criteria for award of the Army Good Conduct Medal (1st Award). The Board determined the applicant should be awarded this medal and it should be added to his DD Form 214. 5. The Board concurred with the corrections described in Administrative Note(s) below. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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: * Awarding him the Army Good Conduct Medal (1st Award) for the period 8 November 1966 through 1 July 1969 * Adding to his DD Form 214 the Army Commendation Medal and Army Good Conduct Medal (1st Award) * Making the corrections described in Administrative Note(s) below 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 the Silver Star. 1/19/2021 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: * one silver and two bronze service stars to his previously-issued Vietnam Service Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Parachutist Badge * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60) and Rifle Bar (M-14) REFERENCES: 1. Title 10, United States 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 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. 2. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 3. Army Regulation 600-8-22 (Military Awards) prescribes Department of the Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Silver Star is awarded for gallantry in action against the enemy. The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. b. 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, U.S. Code, 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, U.S. Code, section 1130. c. 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 (HRC). 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 Awards and Decorations Branch, HRC, will contact the requesting Member of Congress and provide specific guidance regarding the additional information required in order for the case to be considered. d. 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, U.S. Code, section 3744). e. The Army Commendation Medal is awarded to any service 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. Award may be made to a member of the armed forces of a friendly foreign nation who, after 1 June 1962, distinguishes himself or herself by an act of heroism, extraordinary achievement, or meritorious service, which has been of mutual benefit to a friendly nation and the United States. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. f. The Army Good Conduct Medal is awarded to on a selective basis to each Soldier who distinguishes himself or herself from among his or her fellow Soldiers by exemplary conduct, efficiency, and fidelity throughout a specified period of continuous enlisted active Federal military service. There is no right or entitlement to the medal until the immediate commander has approved the award and the award has been announced in permanent orders. (1) The periods of service of qualifying service are: (1) each 3 years completed on or after 27 August 1940; (2) for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; (3) 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; (4) for the first award only, upon termination of service on or after 27 June 1950 of less than 1 year when final separation was by reason of physical disability incurred in line of duty; or (5) for the first award only, for those individuals who died before completing 1 year of active Federal military service or if the death occurred in the line of duty. (2) Throughout a qualifying period of service, the enlisted Soldier's character must have been above reproach and must meet all of the following criteria for award of the Army Good Conduct Medal as indicated in the Soldier's record: willingly complied with the demands of the military environment, been loyal and obedient to his or her superiors, faithfully supported the goals of his or her organization and the Army, and conducted himself or herself in an exemplary manner as to distinguish him or her from fellow Soldiers. g. 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. One silver service star is authorized with the Vietnam Service Medal for five campaigns 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. 4. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal (AGCM) was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, 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. Ratings of "unknown" for portions of the period under consideration were not disqualifying. Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying. There must have been no convictions by a court-martial. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders. 5. Department of the Army Pamphlet 672-3 (Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register (January 1960 – February 1986)), in effect at the time, shows the 101st Aviation Battalion was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO Number 43, dated 1970, for the period 19 July 1968 to 14 May 1969, a period he was assigned to the unit. //NOTHING FOLLOWS//