IN THE CASE OF: BOARD DATE: 9 March 2017 DOCKET NUMBER: AR20150015736 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x____ ___x____ ___x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 9 March 2017 DOCKET NUMBER: AR20150015736 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: a. deleting from his DD Form 214 the Bronze Star Medal, Overseas Service Bar, and Vietnam Service Medal and b. adding to his DD Form 214 the Air Medal with Numeral 24 and "V" Device, Bronze Star Medal (2nd Award), Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Republic Gallantry Cross with Palm Unit Citation, Overseas Service Bar (2), and Vietnam Service Medal with four bronze service stars. 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 any relief in excess of that described above. ____________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. IN THE CASE OF: BOARD DATE: 9 March 2017 DOCKET NUMBER: AR20150015736 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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Distinguished Flying Cross, Air Medal (2nd Award) with "V" Device, Air Medal (3rd Award) with "V" Device, Bronze Star Medal (1st Oak Leaf Cluster), Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, two Overseas Service Bars, and all unit and foreign awards that were awarded to Troop A, 3rd Squadron, 17th Cavalry for service in Vietnam from 2 June 1969 to 1 June 1970. 2. The applicant states an administrative clerk failed to list all his awards on his DD Form 214 upon discharge. He also states the clerk failed to list the Distinguished Flying Cross on the awards page of his 201 File. Other awards were not granted until after his discharge. 3. The applicant provides his DD Form 214; DA Form 66 (Officer Qualification Record) (pages 2 and 4); and a unit history of Troop A, 3rd Squadron, 17th Air Cavalry for the period 1 January to 31 December 1969. 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 on 3 June 1967. He was ordered to active duty on 12 May 1968. 3. His DA Form 66 shows in: a. Item 17 (Foreign Service), he served in Vietnam from 2 June 1969 to 1 June 1970. b. Item 18 (Record of Assignments), he was assigned to Troop A, 3rd Squadron, 17th Cavalry during his assignment in Vietnam. c. Item 21 (Awards and Decorations), the National Defense Service Medal, Army Aviator Badge, Vietnam Service Medal, Air Medal, Republic of Vietnam Campaign Medal with Device (1960), Overseas Service Bar (1), Air Medal (2nd Award) with "V" Device, Air Medal (3rd Award) with "V" Device, Bronze Star Medal, Bronze Star Medal (2nd Award), and Overseas Service Bar (2). 4. His service record contains the following orders published by Headquarters, 1st Aviation Brigade: a. General Orders Number 3655, dated 31 July 1969, awarding him the Air Medal for the period 9 to 15 June 1969. b. General Orders Number 977, dated 18 February 1970, awarding him the Air Medal (2nd Award) with "V" Device for heroism on 14 December 1969. c. General Orders Number 1412, dated 10 March 1970, awarding him the Air Medal (3rd Award) with "V" Device for heroism on 12 January 1970. d. General Orders Number 3057, dated 2 May 1970, awarding him the Bronze Star Medal for meritorious achievement from 5 January to 25 March 1970. e. General Orders Number 3185, dated 5 May 1970, awarding him the Bronze Star Medal (2nd Award) for meritorious service from June 1969 to May 1970. f. General Orders Number 6325, dated 13 July 1970, awarding him the Air Medal (2nd through 22nd Award) for meritorious achievement during the period 22 June 1969 to 16 May 1970. 5. He was released from active duty on 20 April 1971 and transferred to the U.S. Army Reserve Control Group (Annual Training). He completed 2 years, 11 months, and 9 days of active service. 6. His DD Form 214 shows he was awarded the National Defense Service Medal, Army Aviator Badge, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Overseas Service Bar, Air Medal with "V" Device (3rd Oak Leaf Cluster), and Bronze Star Medal. 7. His service record does not contain orders awarding him the Distinguished Flying Cross. 8. He provided a copy of the unit history of Troop A, 3rd Squadron, 17th Air Cavalry that includes his name under the listing for the Distinguished Flying Cross. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states the Distinguished Flying Cross is awarded to any person who, while serving in any capacity with the Army, distinguishes himself or herself by 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. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 2. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided guidelines for award of the Air Medal. It stated passenger personnel who did not participate in an air assault were not eligible for the award based upon sustained operations. 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 Air Medal. However, the regulation was clear that these guidelines were considered only a departure point. 3. Army Regulation 600-8-22 states Arabic Numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal. The Numeral 2 denotes the second award of the Air Medal. 4. Army Regulation 600-8-22 states the bronze “V” device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with awards of the Army Commendation Medal, the Air Medal, and the Bronze Star Medal. Although more than one award of the Army Commendation Medal, the Air Medal, or the Bronze Star Medal may be made for heroism to the same person, only one “V” device may be worn on awards of these medals. 5. Army Regulation 600-8-22 states an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal. 6. Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign. A silver service star is authorized in lieu of five bronze service stars. Table B-1 shows that during his service in Vietnam, he participated in the following campaigns: * Tet 69/Counteroffensive (23 February - 8 June 1969) * Vietnam Summer - Fall 1969 (9 June - 31 October 1969) * Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970) * Sanctuary Counteroffensive (1 May - 30 June 1970) 7. Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar. It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars. For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973. Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar. 8. Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973. 9. 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 unit to which the applicant was assigned 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 by Department of the Army General Order Number 55, dated 1971. DISCUSSION: 1. Although the unit history of Troop A, 3rd Squadron, 17th Air Cavalry lists his name for award of the Distinguished Flying Cross, his service record does not contain orders awarding him the Distinguished Flying Cross. 2. General orders published by Headquarters, 1st Aviation Brigade, awarded the applicant the following awards of the Air Medal. * basic Air Medal for the period 9 to 15 June 1969 * Air Medal (2nd Award) with "V" Device for heroism on 14 December 1969 * Air Medal (3rd Award) with "V" Device for heroism on 12 January 1970 * Air Medal (2nd through 22nd Award) for meritorious achievement from 22 June 1969 to 16 May 1970 3. Although he received two awards of the Air Medal for heroism, only one "V" Device may be worn on the Air Medal and recorded on the DD Form 214. 4. It appears the applicant was erroneously issued orders awarding him the Air Medal (2nd through 22nd Award) since he had previously received the 2nd and 3rd Awards of the Air Medal for heroism. The intent appears to have been to award him the Air Medal (4th through 24th Award), or the Air Medal with Numeral 24 and with "V" Device. The applicant's DD Form 214 does not reflect the total number of Air Medals he received. Multiple awards for heroism were not generally identified on the DD Form 214. 5. General orders show he was awarded the Bronze Star Medal (2nd Award), which is not shown on his DD Form 214. 6. The applicant's unit in Vietnam was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. In addition, General Orders awarded all units that served in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation. His DD Form 214 does not reflect these unit awards. 7. The applicant served one year in Vietnam from 2 June 1969 to 1 June 1970 for which he is authorized two Overseas Service Bars. His DD Form 214 reflects only one Overseas Service Bar. 8. The applicant's DD Form 214 shows the Vietnam Service Medal; however, it does not include the authorized four bronze service stars to denote his participation in four campaigns. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150015736 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150015736 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2