IN THE CASE OF: BOARD DATE: 2 March 2021 DOCKET NUMBER: AR20200002473 APPLICANT REQUESTS: * award of the Air Medal with V Device, the Aircraft Crewmember Badge, and any other awards * correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Bronze Star Medal * have all medals engraved APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * General Orders Number 7909, (Bronze Star Medal) * Air Medal Certificate, 15 July 1968 with Citation * Air Medal Certificate (2-9 OLC (Oak Leaf Cluster)), 10 January 1969 with citation * A/101 Aviation Alpha Eagle H.K. remembrance * Another Soldier's General Orders Number 7507, (Air Medal w/ V device) * Unclassified Report (101st Airborne Division Lessons Learned) * Six Support letters from R.; S.; R.; M.; S.; and B. 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 he never received medals he earned and they are not reflected on his DD Form 214. He participated in the air assault on the US embassy on 31 January 1967. Afterwards he was ordered to fly north to I Corps on 2 February 1967. He later learned all other crew members earned the Air medal with “V” device while he was overlooked. 3. With respect to the applicant's request for award of the Air Medal with “V” Device, based upon his application, the evidence of record, and accompanying supporting documents he provides, it does not appear he was recommended for or awarded the Air Medal with “V” Device. a. Army Regulation 15-185 (ABCMR), the regulation under which this Board operates, states in paragraph 2-5, Section II, that the Board will not consider any application if it determines that the member has not exhausted all administrative remedies available to him/her. b. Army Regulation 600-8-22 (Military Awards) prescribes Department of the Army policy, criteria, and administrative instructions concerning individual and unit military awards. Paragraph 1-14 of this regulation states, except for award recommendations submitted in accordance with the provisions of Section 1130, Title 10, United States Code (10 USC 1130), which is outlined below, 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. 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 10 USC 1130, a Member of Congress can request consideration of a proposal for the award or presentation of 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 10 USC 1130. c. Title 10 USC 1130 allows the Service Secretary concerned to review a proposal for the award of, or upgrading of, a decoration that is otherwise precluded from consideration by limitations established by law or policy. In order to request an award under Title 10 USC 1130, an applicant must submit a DA Form 638 (Recommendation for Award). The DA Form 638 should clearly identify his/her unit, the period of assignment, and the award being recommended. A narrative of the actions or period for which he/she is requesting recognition must accompany the DA Form 638. In addition, the award request should be supported by sworn affidavits, eyewitness statements, certificates and related documents. Corroborating evidence is best provided by commanders, leaders, and fellow Soldiers who had personal (i.e., eyewitness) knowledge of the circumstances and events relative to the request. d. Title 10 USC 1130 also requires that a request of this nature be referred to the Service Secretary from a Member of Congress. Therefore, an applicant must submit his/her request through a Member of Congress who will send it to the U.S. Army Human Resources Command, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor. As such, the issue of the Air Medal with “V” Device will not be further considered in this Record of Proceedings. 4. 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 22 August 1968 will be administratively corrected without Board action to show award of the: * Bronze Star Medal * Air Medal * Three bronze service stars to already-awarded Vietnam Service Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation 5. The Board will consider the Air Medals (2nd through 9th OLC) and the Aircraft Crewman Badge. 6. The applicant provides: * Air Medal Certificate (2-9 OLC), with citation showing he was awarded the Air Medal second through ninth OLCs on 10 January 1969 * A/101 Aviation Alpha Eagle H.K. remembrance which is partially cut off however it states everyone who took part in the retaking of the Embassy received the Air Medal with “V” Device * General Orders Number 7507, (Air Medal w/ V device) showing O__ received the Air Medal with “V” Device (1st OLC) for heroism while participating in aerial flight on 31 January 1968 as a helicopter pilot in the siege of the American Embassy in Saigon * Unclassified Report (101st Airborne Division Lessons Learned) regarding a ready reaction force directed to conduct an air mobile assault to the roof top of the Embassy Building, and to clear and secure the Embassy and surrounding area * Six Support letters from R.; S.; R.; M.; S.; and B. (1) R discussed his knowledge of the applicant while being stationed with him. He also states he had responsibility to supervise record keeping on pilot and aircrew flight hours. The applicant had over 700 combat flight hours – the equivalent of about 16 or 17 awards of the Air Medal. He also received an Army commendation with "V" device for the assault on the U.S. Embassy in Saigon during Tet of January 1968. He received a Bronze Star. Also, many of the awards appear on orders which contain several company crew members. The applicant is on a number of awards on which he also appears. (2) S states he was stationed with the applicant during the TET Offensive in 1968. The applicant stayed with their company and was ordered to fly on his helicopter on a combat assault on the rooftop of the American Embassy in Saigon. The next day, R__'s mission took him to the racetrack in the Chinese part of Saigon, called Chol Lon. For that two-day period, every landing zone they were in was hot. Everyone saw intense action. He has personal knowledge of at least two aircraft crashes in which the applicant was involved in during Vietnam. (3) R states the applicant was his crew chief for several months during Vietnam. They flew different missions such as medical evacuations, troop insertion and extraction under fire, close fire support in combat, removal of casualties, fire-fly, psychological operations, sniffer, defoliation operations, and routine runs to supply fire support bases and troops in the field, most of which were low-flight operations that invited intense enemy fire. The applicant participated with 5 or 6 helicopters in the attack on the U.S. Embassy during the TET offensive of 1968 in Saigon, for which Chief Warrant Officer O__ was awarded the Air Medal with “V” Device for valor. The applicant was his crew chief in this operation. (4) M states on 31 January 1968 the applicant was on the mission along with him with A Company, 101st Aviation Battalion when they landed on the rooftop of the American Embassy in Saigon, Vietnam. (5) S states he served with the applicant on many air and ground combat missions in Vietnam with the 101st Airborne. Specifically the defense and evacuation of the U.S. Embassy on 31 January 1968. Although the applicant’s ship did not land on the Embassy rooftop with his ship, he was on chase ship to guard against fire upon them while not being allowed to provide cover fire. Also, two days after that mission, he and the applicant were sent to Hue with I Corps to help Marines that were hit in the TET offensive by bringing in supplies and removing those killed in action to Camp Eagle which usually involved flying 12 to 14 hours daily. Complete letter is within documents. (6) B states he served with A Company, 101st Aviation from mid-January 1968 until September 1968. He discussed call signs, units, and ill will among the pilots. Initially his unit was at Bien Hua. They did not go north until after TET had begun. Only two aircraft were sent then. They supported the 1st Brigade, which was a fine outfit. There was no Camp Eagle until sometime around March 1968. He believes that his aircraft was the first or one of the first there at the time. The rest of the company did not go north until shortly after that. 7. A review of the applicant’s service records shows: a. He was inducted into the Army of the United States on 30 August 1966. b. He served in Vietnam from 8 December 1967 until 22 August 1968, through 3 campaigns, while assigned to Company A, 101st Aviation Battalion, 101st Airborne Division. c. General Orders Number 3561, issued by Headquarters, 101st Air Cavalry Division on 15 July 1968 awarded him the Air Medal for meritorious achievement while participating in aerial flight from 21 December 1967 to 24 January 1968. He provides the resultant certificate. d. General Orders Number 7909, issued by Headquarters, 101st Air Cavalry Division on 22 October 1968 awarded him the Bronze Star Medal. e. He was honorably released from active duty on 22 August 1968. He completed 1 year, 11 months and 23 days of active service. His DD Form 214 shows he was awarded or authorized: * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal with 1960 Device * Parachutist Badge * Marksmanship Badge f. 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, failed to reveal any orders for Air Medal (2-9 OLC) or Aircraft Crewman Badge. 8. By regulation U.S Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided guidelines for award of the Air Medal for sustained operations. Appendix IV required that recommendations for award of the Air Medal for crewmembers or non-crewmembers on flying status would be submitted on USARV 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 nonprofessionalism, mediocrity, or failure to display an aggressive spirit.” 9. By regulation AR 672-5-1(Military Awards), the Aircraft Crewmember Badge was awarded as a temporary or as a permanent award: a. To be eligible for temporary award of the Aircraft Crewmember Badge, a Soldier had to be on flying status in the case of crew chiefs, electronic sensor system operators, and flight engineers or as a non-crewmember in the case of observers, medical aid men, gunners, aircraft maintenance supervisors, or technical inspectors. Soldiers were also required to be qualified based on a Class III physical examination and to hold a principal duty assignment as a crew chief, flight engineer, aircraft maintenance supervisor, observer, gunner, or technical inspector. These personnel were authorized to wear the badge temporarily until relieved from those duties or they could be authorized permanent wear of the Aircraft Crewmember Badge once they fulfilled the regulatory requirements for award of the permanent badge. b. For permanent award of the Aircraft Crewmember Badge, a Soldier must have performed in one of the duties specified above for not less than 12 months (not necessarily consecutive) or must have been school trained for a principal duty specified above. Personnel who were precluded by incapacitation from further flight duty due to wounds sustained as a result of hostile action or injuries resulting from an aircraft accident for which they were not personally responsible were entitled to permanent wear of the Aircraft Crewmember Badge. Further, an individual who participated in at least 15 combat missions under probable exposure to enemy fire while serving in the principal duty of crew chief, flight engineer, aircraft maintenance supervisor, observer, gunner, or technical inspector was entitled to permanent award of the Aircraft Crewmember Badge. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that relief was warranted. 2. The Board determined that evidence available for review is sufficient to grant the applicant’s request for the Air Medals (2nd through 9th OCL) and the Aircraft Crewman Badge. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :XX :XXX :XXX GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. That the applicant’s record be corrected 2. 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): A review of the applicant’s service records shows he is entitled to awards not listed on his DD Form 214. As a result, amend his DD Form 214 ending on 22 August 1968 to show award of the: * Bronze Star Medal * Air Medal * three bronze service stars to already awarded Vietnam Service Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation 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 Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. U.S Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided guidelines for award of the Air Medal for sustained operations. Appendix IV required that recommendations for award of the Air Medal for crewmembers or non- crewmembers on flying status would be submitted on USARV 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 nonprofessionalism, mediocrity, or failure to display an aggressive spirit.” 3. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided for temporary and permanent award of the Aircraft Crew Member Badge. Commanders of any unit with Army aircraft assigned could publish orders allowing qualified members of that command to wear the Aircraft Crew Member Badge. a. To be eligible for temporary award of the Aircraft Crew Member Badge an individual had to be on flying status in the case of crew chiefs, electronic sensor system operators, and flight engineers or as a non-crewmember in the case of observers, medical aid men, gunners, aircraft maintenance supervisors, or technical inspectors. Individuals were also required to be qualified based on a Class III physical examination and to hold a principal duty assignment as a crew chief, flight engineer, aircraft maintenance supervisor, observer, gunner, or technical inspector. These personnel were authorized to wear the badge temporarily until relieved from those duties or they could be authorized permanent wear of the Aircraft Crew Member Badge once they fulfilled the regulatory requirements for permanent award of the badge. b. For permanent award of the Aircraft Crew Member Badge, an individual must have performed in one of the duties specified above for not less than 12 months (not necessarily consecutive) or must have been school trained for a principal duty specified above. Personnel who were precluded by incapacitation from further flight duty due to wounds sustained as a result of hostile action or injuries resulting from an aircraft accident for which they were not personally responsible were entitled to permanent wear of the Aircraft Crew Member Badge. Further, an individual who participated in at least 15 combat missions under probable exposure to enemy fire while serving in the principal duty of crew chief, flight engineer, aircraft maintenance supervisor, observer, gunner, or technical inspector was entitled to permanent award of the Aircraft Crew Member Badge. 4. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) is published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. Department of the Army General Orders (DAGO) Number 43, dated 12 August 1970, awarded 101st Aviation Battalion, Republic of Vietnam Gallantry Cross with Palm Unit Citation, for service from 19 July 1968 thru 14 May 1969. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200002473 8 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1