BOARD DATE: 3 November 2016 DOCKET NUMBER: AR20150013871 BOARD VOTE: __x_______ __x_____ __x___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 3 November 2016 DOCKET NUMBER: AR20150013871 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant four (4) additional awards of the AM for meritorious achievement (during the specified periods) while participating in aerial flight in the Republic of Vietnam (Standard Name Line: MAJ, Company A, 1st Aviation Battalion, 1st Infantry Division, U.S. Army Vietnam), as follows: * Air Medal with Numeral 4 – 18 November 1966 to 25 January 1967 * Air Medal with Numeral 5 – 26 January 1967 to 26 April 1967 * Air Medal with Numeral 6 – 27 April 1967 to 12 July 1967 * Air Medal with Numeral 7 – 13 July 1967 to 6 September 1967 b. deleting from item 26 of his DD Form 214 * "Republic of Vietnam Service Medal" * "Air Medal (3rd Award w/V device)" c. adding the following awards to item 26 of his DD Form 214: * Air Medal with "V" Device and Numeral "7" * Vietnam Service Medal with 4 Bronze Service Stars * Korea Defense Service Medal * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation ___________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: 3 November 2016 DOCKET NUMBER: AR20150013871 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 (Report of Separation from Active Duty) to show additional awards and decorations. 2. The applicant states he served in the U.S. Army for more than 20 years. He is now 86 years of age and his children are interested in having his awards and decorations mounted in a "shadow box" display. a. He states that he served in the Republic of Vietnam (RVN). He served as executive officer (four months) and as commanding officer (eight months) while assigned to Company A, 1st Aviation Battalion, and he led every combat assault mission the unit participated in during the period of his assignment. (1) When he departed Vietnam he had 277 hours of flight time in support of combat missions. He was told he had earned five awards of the Air Medal (AM) for meritorious achievement, in addition to two awards of the AM with "V" Device (for heroism); however, his DD Form 214 does not show the awards. (2) He states it is difficult for him to fathom that he earned a total of four AMs during the first two months of his assignment and none thereafter. He notes that an AM was awarded in Vietnam (for meritorious achievement) for 25 hours of combat time or 50 hours of combat support time. b. He also states that he qualified sharpshooter with the .45 caliber pistol. 3. The applicant provides copies of one special order (SO) pertaining to award of the marksmanship qualification badge, four general orders (GOs) pertaining to award of the AM, and his August 2009 flight record. 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 appointed as a Reserve commissioned officer of the Army, in the rank of second lieutenant, on 29 May 1953. He was ordered to active duty on 20 July 1953. He received his Army Aviator pilot rating effective 9 August 1957 and he was promoted to first lieutenant in the Regular Army on 15 March 1958. He attained the rank of lieutenant colonel on 23 February 1968. 3. The applicant's DA Form 66 (Officer Qualification Record), audited on 26 February 1974, shows in: * item 17 (Foreign Service) – * Japan from 7 April 1954 (through an unspecified date) * Korea from 15 April 1954 through 11 August 1955 * Caribbean from 31 Jul 1962 through 1 July 1965 * Vietnam from – * 7 October 1966 through 7 October 1967 * 18 November 1970 through 18 November 1971 * item 18 (Record of Assignments) – * Executive Officer, Company A, 1st Aviation Battalion, 1st Infantry Division (1ID), from 24 October 1966 through 26 January 1967 * Commanding Officer, Company A, 1st Aviation Battalion, 1ID, from 27 January 1967 through 5 October 1967 * Detachment Commander, 324th Aviation Detachment, from 21 November 1970 through 17 January 1971 * S-3 Officer, Headquarters (HQ), 165th Aviation Group (Combat), from 18 January through 30 June 1971 * Detachment Commander, 313th Aviation Detachment, 165th Aviation Group (Combat), from 1 July through 17 November 1971 * item 21 (Awards and Decorations) – * National Defense Service Medal (1st Oak Leaf Cluster (OLC)) * Korean Service Medal * United Nations Service Medal * Army Aviator Badge * Senior Army Aviator Badge * Vietnam Service Medal * AM with "V" Device (2nd OLC) * Bronze Star Medal (2nd OLC) * RVN Campaign Medal with Device (1960) * 4 Overseas Service Bars * RVN Gallantry Cross with Silver Star * Army Commendation Medal * item 23 (Qualification in Arms): Sharpshooter with Piston (.45 caliber), 2 October 1970 4. A DA Form 2-1 (Personnel Qualification Record), prepared on 26 February 1974, in pertinent part, shows in item 9 (Awards, Decorations and Campaigns) – * National Defense Service Medal (1st OLC) * Korean Service Medal * United Nations Service Medal * Army Aviator Badge * Senior Army Aviator Badge * Vietnam Service Medal * AM with "V" Device (3rd Award) * Bronze Star Medal (2nd OLC) * RVN Campaign Medal with Device (1960) * RVN Gallantry Cross with Silver Star * Army Commendation Medal * 4 Overseas Service Bars * Sharpshooter Marksmanship Qualification Badge with Pistol (.45 caliber) Bar * Meritorious Service Medal 5. GOs issued by HQ, 1ID, awarded the applicant the AM, as follows: * GO Number 3468, dated 29 November 1966 – AM with "V Device for heroism on 15 November 1966 (It shows, in pertinent part, he was part of a 30 aircraft troop lift, he maneuvered his aircraft to a position in close proximity to the crew of a downed aircraft, and he extracted the crew from the landing zone while his aircraft was under enemy fire.) * GO Number 3852, dated 13 December 1966 – AM for meritorious achievement from 14 October 1966 to 17 November 1966 * GO Number 9018, dated 18 December 1967 – AM with "V Device (1st OLC) for heroism on 15 June 1967 (It shows, in pertinent part, he was leading a flight of helicopters on a troop-carrying mission, he avoided hostile mortar rounds upon the initial approach to the landing zone, he returned and landed his aircraft in the dangerous and hostile landing zone, and he discharged the troops and equipment.) 6. HQ, 1ID (Mechanized (M)), Fort Riley, KS, GO Number 616, dated 20 November 1973, amended: * HQ 1ID, GO Number 3852, dated 13 December 1966, to read award of the AM (1st OLC) * HQ 1ID, GO Number 9018, dated 18 December 1967, to read award of the AM with "V" Device (2nd OLC) 7. The applicant's military service records, in pertinent part, contain seven DA Forms 759 (Individual Flight Record – Army Aviator), Sheet Numbers 47 through 52, that span the period October 1966 to October 1967. They show the applicant was assigned to Company A, 1st Aviation Battalion, 1ID; he performed aerial missions in OH13S, UH1B, and UH1D helicopters; and all flying time was performed as "first pilot" and categorized with the mission symbol "C" (combat). a. A review of the flight time for the period he was awarded the AM for meritorious achievement (from 14 October to 17 November 1966) shows: Sheet # Period Flying Time Cumulative Total 47 14-23 October 1966 31 31 48 26-28 October 1966 3 34 48 2- 17 November 1966 19 53 b. Sheet 52 shows in Section II (Summary of Pilot Experience), item 21 (Pilot Combat Time): Total Hours: 277 (1) Item 10 (Signature and Typed Name and Grade of Operations Officer) shows Captain Robert C. N____, Operations Officer, signed the form. (2) Item 25 (Remarks) shows the entry, "Records closed this station 3 October 1967." 8. A DD Form 214 shows the applicant entered active duty this period on 20 July 1953, he was honorably retired from active duty on 30 June 1974, and transferred to the U.S. Army Reserve Control Group (Retired). He completed 20 years, 11 months, and 11 days of total active service; 21 years, 1 month, and 2 days of total service for pay; and 4 years and 11 months of foreign service. It also shows in item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), and continued in item 27 (Remarks), the: * National Defense Service Medal (1st OLC) * Korean Service Medal * United Nations Service Medal * Senior Army Aviator Badge * "Republic of Vietnam Service Medal" * RVN Campaign Medal with Device (1960) * "AM with 'V' Device (3rd Award)" * Bronze Star Medal (2nd OLC) * Army Commendation Medal * RVN Gallantry Cross with Silver Star * 4 Overseas Service Bars * Sharpshooter Marksmanship Qualification Badge with Pistol (.45 caliber) Bar * Meritorious Service Medal 9. A request for review of the Awards and Decorations Computer-Assisted Retrieval System, an index of GOs issued during the Vietnam-era between 1965 and 1973 maintained by the U.S. Army Human Resources Command, Awards and Decorations Branch, failed to reveal any additional individual award orders pertaining to the applicant. 10. In support of his application the applicant provides the following documents. a. HQ, U.S. Army Aviation School Regiment, Fort Rucker, AL, SO Number 50, dated 24 March 1959, that awarded the applicant the Expert Marksmanship Qualification Badge with Pistol (.45 caliber) Bar. b. He also provides copies of GOs pertaining to award of the AM that were previously considered (above) that include: * HQ, 1ID, GO Number 3468, dated 29 November 1966 * HQ, 1ID, GO Number 3852, dated 13 December 1966 * HQ, 1ID, GO Number 9018, dated 18 December 1967 * HQ, 1ID (M), GO Number 616, dated 20 November 1973 c. USAAC (U.S. Army Aviation Center) Form 759, for the period 1-31 August 1969 pertaining to his flight time, that shows in Section III (Summary of Pilot Experience), Pilot Combat Time: 277 (Total Points). REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. a. The AM 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 (e.g., 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. (1) During the period of the applicant's service in RVN, an OLC was awarded to denote the second and each succeeding award of the AM. (2) Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the AM. The numeral 2 denotes the second award of the AM. b. The Vietnam Service Medal (VSM) is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. A bronze service star will be awarded for wear on the VSM for participation in each credited campaign. c. Appendix B contains a list of Vietnam Conflict campaigns. During the applicant's service in Vietnam (from 7 October 1966 to 7 October 1967 and from 18 November 1970 to 18 November 1971), participation credit was awarded for the following campaigns: * Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967) * Vietnam Counteroffensive Phase III (1 June 1967- 29 January 1968) * Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971) * Consolidation I (1 July - 30 November 1971) d. The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. e. The qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman -- in which an individual has qualified in a prescribed record course. An appropriate bar is furnished to denote each weapon with which the individual has qualified. Award of marksmanship badges is not permanent. An award for previous marksmanship weapons qualification is revoked automatically whenever an individual, upon completion of firing a record course for which the previous award was made, has not attained the same qualification. This means, in effect, the most recent qualification score with a particular weapon denotes the degree of marksmanship badge the Soldier is eligible to wear. 2. U.S. Army Vietnam Regulation (USARV) 672-1 (Decorations and Awards) provided, in pertinent part, guidelines for award of the AM for sustained operations. It also established that passenger personnel who did not participate in an air assault were not eligible for the award based upon sustained operations. a. Appendix IV required that recommendations for award of the AM for crewmembers or non-crewmembers on flying status will be submitted on USARV Form 157-R. The recommendation for award must also state that the individual has "met the required number of missions and hours for award of the AM," that "the individual has not caused, either directly or indirectly, an aircraft abort, late take-off, accident, or incident," and 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." b. 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 AM. However, the regulation was clear that these guidelines were considered only a departure point. (1) 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 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. (2) To be recommended for award of the AM, 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 AM 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. 3. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists awards received by units serving in Vietnam. a. During the applicant's period of assignment to: * Company A, 1st Aviation Battalion, the battalion was cited for award of the – * RVN Gallantry Cross with Palm Unit Citation for the period 12 July 1965 to 16 October 1968 in Department of the Army General Order (DAGO) Number 12, 1969 * RVN Civil Actions Honor Medal First Class Unit Citation for the period October 1965 to 7 April 1970 in DAGO Number 53, 1970 * HQ, 165th Aviation Group (Combat), the group was awarded the RVN Gallantry Cross with Palm Unit Citation for the period 1 October 1970 to 31 August 1972 in DAGO Number 6, 1974 * 313th Aviation Detachment, 165th Aviation Group (Combat), the detachment was cited for award of the – * Meritorious Unit Commendation for the period 1 August 1971 to 15 September 1972 in DAGO Number 32, 1973 * RVN Gallantry Cross with Palm Unit Citation for the period 1 October 1970 to 31 August 1972 in DAGO Number 6, 1974 b. The pamphlet also shows that not more than one RVN Gallantry Cross Unit Citation will be worn by any individual. Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received. However, in the case of duplicate awards covering the same period of time only one award will be recorded in official military and historical records. 4. Title 10, U.S. Code, section 1130 (10 USC 1130), provides the legal authority for consideration of proposals for decorations not previously submitted or acted upon in a timely fashion. Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration. Based upon such review, the Secretary shall determine the merits of approving the award. 5. The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to: Commander, U.S. Army Human Resources Command, Soldier Programs and Services Division, 1600 Spearhead Division Avenue, Fort Knox, Kentucky  40122. The unit must be clearly identified, along with the period of assignment and the recommended award. A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638. Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents. Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request. The burden and costs for researching and assembling supporting documentation rest with the applicant. DISCUSSION: 1. The applicant contends, in effect, that his DD Form 214 should be corrected to show four (4) additional awards of the AM, the Sharpshooter Marksmanship Qualification Badge with Pistol Bar, and all other awards he may be authorized. 2. GOs awarded the applicant the: * AM with "V" Device for heroism on 15 November 1966 * AM (1st OLC) [Numeral 2] for meritorious achievement from 14 October 1966 to 17 November 1966 * AM with "V" Device (2nd OLC) [Numeral 3] for heroism on 15 June 1967 a. The AM with "V" Device was awarded on two occasions during the period of service under review. The evidence of record shows, in both instances, the combat missions were category I missions (i.e., performed in an assault role by delivery of friendly troops into the immediate combat operations area). b. The evidence of record shows, in pertinent part, an individual must have completed a minimum of 25 category I missions, 50 category II missions, or 100 category III missions for award of the AM. c. He was awarded the AM for meritorious achievement for the period 14 October 1966 through 17 November 1966. During this period, he had accumulated a total of 53 combat flight hours, which included the flight time for which he was awarded his initial AM with "V" Device. This suggests a preponderance of the missions he flew were category II missions. d. The exact type(s) of combat missions cannot be determined from the evidence of record. However, based on the applicant's flight records and the available evidence of record, for purposes of correcting the applicant's records it is reasonable to conclude that the combat missions were category II missions. e. A computation of the applicant's combat flight hours in RVN subsequent to 17 November 1966 shows the following: 277 total pilot combat time in RVN (7 Oct 66 – 7 Oct 67) -   53 pilot combat time recognized (thru 17 Nov 66) = 224 net pilot combat time (18 Nov 66 – 7 Oct 67) f. The evidence of record is clear in that award of the AM requires formal recommendations, approval through the chain of command, and announcement in orders. There is no evidence that shows the applicant was recommended for or awarded more than three (3) AMs. g. However, based on the evidence of record (i.e., certification by the operations officer that the applicant accrued 277 total combat flight hours); the conclusion they were category II missions; and that 224 combat fight hours were not recognized with additional awards of the AM, this would equate to four (4) additional awards of the AM for meritorious achievement while participating in aerial flight in RVN during the period 18 November 1966 through 7 October 1967. 3. The evidence of record shows: * the applicant qualified for award of the Korea Defense Service Medal for his service in the defense of the Republic of Korea * the applicant qualified for award of the VSM, he participated in four campaigns during his service in Vietnam, and he is authorized four bronze service stars for wear on his already-awarded VSM * during the applicant's period of assignment in the RVN, GOs awarded the applicant's units the – * Meritorious Unit Commendation * two awards of the RVN Gallantry Cross with Palm Unit * RVN Civil Actions Honor Medal First Class Unit Citation 4. The evidence of record shows: a. SOs, dated 24 March 1959, awarded the applicant the Expert Marksmanship Qualification Badge with Pistol (.45 caliber) Bar. b. His DA Form 66 shows he qualified Sharpshooter with the Pistol (.45 caliber) on 4 October 1970. c. The governing Army regulation shows the most recent qualification score with a particular weapon denotes the degree of marksmanship badge the Soldier is authorized and eligible to wear. d. The applicant's DD Form 214 correctly shows the Sharpshooter Marksmanship Qualification Badge with Pistol (.45 caliber) Bar. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150013871 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150013871 11 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2