IN THE CASE OF: BOARD DATE: 5 January 2016 DOCKET NUMBER: AR20150005198 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 military records to show his service number as "RA XXXX" and his social security number (SSN) as "XXX-XX-" * correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to add the Aircraft Crewman Badge and the Air Medal * the Army Board for Correction of Military Records (ABCMR) research the whereabouts of his flight records and other documents missing from his personnel records 2. The applicant states, in effect, the Army claims some of his records have been lost. His flight records, Aircraft Crewman Badge, Air Medal, and the confirmed number of enemy Soldiers he killed in action are missing from his record. He asks that the Board research these facts to determine the whereabouts of his flight records and other missing documents. Additionally, many of the existing documents in his record list an incorrect service number or SSN. He also states: a. His service number is "RA XXXX." During his tour in Vietnam, he was assigned to the 135th Attack Helicopter Company (ACH) at Blackhorse and later, at Bear Cat. He arrived at Blackhorse in early August 1968. He began his duties as a crew chief assigned to the Taipan gunships sometime between the between the end of September 1968 and the beginning of October 1968. He remained in that assignment until the end of December 1968. It should be noted that the unit moved to Bear Cat in early November 1968. He does not recall ever being assigned to the 614th Transportation Detachment. He was reassigned from gunships to the Experimental Military Unit (EMU) "(slicks)" as a door gunner in January 1969, until an opening for a crew chief position became available. His records indicate his return to a crew chief position occurred on 19 March 1969; however, he believes it actually occurred earlier in March 1969. b. He recently acquired his 201 file (DA Form 201 (Military Personnel Records Jacket)) from the National Personnel Records Center (NPRC) and he requested all of his medals. His records do not show he was awarded the Air Medal as a result of his combat flights. Additionally, his record fails to reflect his Aircraft Crewman Badge or the confirmed number of enemy Soldiers he killed in action (KIA). In fact, his entire flight record appears to be missing from his military records. The NRPC stated they did not have any flight records in his name. c. He noticed that several of the documents in his record incorrectly listed his service number and SSN. These errors may have led to his awards, flight records, and confirmed KIAs being misfiled in another Soldier's military record. 3. The applicant provides: * a self-authored statement * page 3 of his DA Form 20 (Enlisted Qualification Record) * Special Orders Number 314, dated 14 November 1968 * Special Orders Number 226, dated 8 December 1968 * Unit Orders Number 28, dated 1 April 1969 * three photographs 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 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 enlisted in the Regular Army on 21 August 1967. His DD Form 4 (Enlistment Records – Armed Forces of the United States) shows his service number listed as "RA XXXX" and his SSN listed as "XXX-XX-." Additionally, he held military occupational specialty 67N (UH-1 Helicopter Repairman) and attained the rank/grade of specialist four (SP4)/E-4. 3. His record contains a DD Form 1584 (National Agency Check Request), dated 23 August 1967. This form listed his service number as "RA XXXX" and his SSN as "XXX-XX-." 4. Special Orders Number 284, issued by Headquarters, U.S. Army Training Center, Fort Bragg, North Carolina on 11 October 1967, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and listed his service number as "RA XXXX3909." His SSN was not listed on these orders. 5. His record contains a DA Form 428 (Application for Identification Card), dated 26 January 1968, which listed his service number as "RA XXXX6926." His SSN was not listed on this form. 6. His DA Form 20 lists his service number as "RA XXXX" and his SSN as "XXX-XX-." Additionally, this form shows: a. He served in Vietnam from 3 August 1968 to 30 May 1969 and was assigned to: (1) the 614th Transportation Detachment from 9 August 1968 to 25 January 1969, where he served in the principle duty position of: * helicopter mechanic, from 9 August 1968 to 4 November 1968 * helicopter repairman helper, from 5 November 1968 to 25 January 1969 (2) the 135th AHC from 26 January 1969 to 30 May 1969, where he served in the principle duty position of: * door gunner, from 26 January 1969 to 2 April 1969 * crew chief, from 3 April 1969 to 30 May 1969 b. His DA Form 20 does not show he was awarded the Aircraft Crewman Badge or Air Medal. 7. Special Orders Number 220, issued by Headquarters, 12th Combat Aviation Group, Vietnam on 7 August 1968, assigned him to Headquarters, U.S. Army Vietnam, Transportation Detachment effective 5 August 1968, and listed his service number listed as "RA XXXX" and his SSN as "XXX-XX-7484." Additionally, his DA Form 20 shows he was assigned to/arrived at the 614th Transportation Detachment on 9 August 1968. 8. Special Orders Number 314, issued by Headquarters, 1st Aviation Brigade, on 14 November 1968, shows he was assigned as a nonaviator-crewmember crew chief effective 10 August 1968. These order also indicate he was assigned to the 135th AHC, listed his service number as "RA XXXX," and listed his listed his SSN as "XXX-XX-7484." His service number was not listed on these orders. Additionally, his DA Form 20 shows he was assigned to the 614th Transportation as a helicopter mechanic at this time. 9. Special Orders Number 226, issued by Headquarters, 222nd Combat Aviation Battalion on 8 December 1968, awarded him the Aircraft Crewman Badge, and shows he was assigned to the 614th Transportation Detachment, and listed his service number as "RA XXXX7349" and his SSN as "XXX-XX-7484." Additionally, his DA Form 20 confirms he was assigned to the 614th Transportation Detachment as a helicopter mechanic helper on the date these orders were published. 10. Unit Orders Number 24, issued by the 135th Aviation Company on 19 March 1969, promoted him to the temporary rank/grade of SP4/E-4 and listed his service number as "RA XXXX3749" and his SSN as "XXX-XX-7484." Additionally, his DA Form 20 confirms he was assigned to the 135th AHC on the date these orders were published. 11. Unit Orders Number 28, issued by the 135th Aviation Company on 1 April 1969, promoted him to the permanent rank/grade of private first class (PFC)/E-3, listed his service number as "RA XXXX3749," and listed his SSN as "XXX-XX-7484." Additionally, his DA Form 20 confirms he was assigned to the 135th AHC on the date these orders were published. 12. His record does not contain a flight record, orders awarding him the Air Medal, or any record of his confirmed KIAs. 13. He was honorably released from active duty on 18 February 1970. His DD Form 214 listed his service number as "RA XXXX," and listed his SSN as "XXX-XX-." Additionally, his DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal with one bronze service star * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) 14. 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 announcement in orders are required. 15. A review of the applicant's records indicates he is entitled to additional awards that are not shown on his DD Form 214. 16. Army Regulation 600-8-22 also states a bronze service star is authorized for the Vietnam Service Medal for each campaign a member is credited with participating in. Appendix B shows that during his service in Vietnam, the applicant participated in the following three campaigns: * Vietnam Counteroffensive, Phase V (1 July 1968 - 1 November 1968) * Vietnam Counteroffensive, Phase VI (2 November 1968 - 22 February 1969) * TET 69 Counteroffensive (23 February 1969 - 8 June 1969) 17. 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 the 135th Aviation Company was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 May 1969 to 15 May 1970 Department of the Army General Orders (DAGO) Number 55, dated 1971. 18. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR will decide cases on the evidence of record. It is not an investigative body. DISCUSSION AND CONCLUSIONS: 1. The evidence of record shows the applicant's correct service number as "RA XXXX." However, the evidence of record also shows there are documents in his military record which incorrectly list his service number as "RA XXXX3909," "RA XXXX6926," and "RA XXXX7349." Nevertheless, his DD Form 4, several of his military records, and his DD Form 214 correctly list his service number as "RA XXXX." 2. The evidence of record shows the applicant's correct SSN as "XXX-XX-." However, the evidence of record also shows there are documents in his military record that incorrectly list his SSN as "XXX-XX-7484." Nevertheless, his DD Form 4, several of his military records, and his DD Form 214 correctly list his SSN as "XXX-XX-." 3. The applicant's record does contains several sets of orders and an application for an identification card that list an incorrect SSN and/or service number. However, these documents do not require correction as they have no impact on his DD Form 214, which is the document that officially represents his military service; this document correctly lists his service number and SSN. 4. Furthermore, this Record of Proceedings may serve to address any confusion that arises regarding the discrepancies in his service number or SSN in the aforementioned documents. 5. Special orders awarded him the Aircraft Crewman Badge; however, his DD Form 214 does not reflect this badge. 6. His DD Form 214 shows he was awarded the Vietnam Service Medal with one bronze service star denoting participation in one campaign; however, his record confirms he participated in three campaigns. 7. General orders awarded his unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period in which he was assigned; however, this unit award is not listed on his DD Form 214. 8. His record does not contain any flight records, a recommendation for an award of the Air Medal, or orders awarding him the Air Medal. Without a copy of his flight records, a recommendation for the award of the Air Medal, or orders awarding him the Air Medal, it is impossible to determine whether or not he met the criteria for this award. The Air Medal, as with all personal decorations, requires a formal recommendation, approval through the chain of command, and announcement in orders. 9. His record does not contain any reference to a specific number of confirmed KIAs. Flight records simply indicate how many times a Soldier flew in a specific type of aircraft, how long they flew, and on what type of mission they flew. These records are not intended to indicate a specific number of enemy Soldiers listed as confirmed KIAs. Additionally, it should be noted that there is no provision for listing the number of confirmed KIAs on the DD Form 214. 10. The applicant's records do not contain flight records and the applicant requested that the ABCMR conduct research to determine the whereabouts of these missing records. The ABCMR is not an investigative body. The ABCMR's mission is to make recommendations based upon the evidence provided by the applicant and the evidence in the available record. The ABCMR may order records to assist in adjudicating an applicant's request, but it is not a records custodian and does not have the ability to determine whether or not specific records are missing from an applicant's military record. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____X___ ____X___ ____X___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was 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 amending his DD Form 214 by deleting the Vietnam Service Medal with one bronze service star and adding the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Aircraft Crewman Badge. 2. The Board further determined that 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 correcting his DD Form 214 to show he was awarded the Air Medal, correcting the service number and/or SSN on miscellaneous documents contained in his MPRJ, or conducting research as to the whereabouts of his flight record. _______ _ _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. ABCMR Record of Proceedings (cont) AR20150005198 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005198 8 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1