IN THE CASE OF: BOARD DATE: 21 November 2017 DOCKET NUMBER: AR20160005350 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 IN THE CASE OF: BOARD DATE: 21 November 2017 DOCKET NUMBER: AR20160005350 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. deleting from his DD Form 214 for the period ending 5 December 1969 the Vietnam Service Medal; and b. adding to this same DD Form 214: * Soldier’s Medal * Valorous Unit Award * Army Good Conduct Medal * Vietnam Service Medal with two bronze service stars * Army Aviator Badge __________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: 21 November 2017 DOCKET NUMBER: AR20160005350 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 award of the Soldier’s Medal. 2. The applicant states his DD Form 214 should be amended to add the Soldier’s Medal. He also states he is terminally ill. 3. The applicant provides: * Letter, Vanderbilt University Medical Center, dated 9 November 2015 * DD Form 214 for the period ending 5 December 1966 * DD Form 214 for the period ending 5 December 1969 * DA Form 20 (Enlisted Qualification Record) * DA Form 66 (Officer Qualification Record) * DA Form 66B (Insert Sheet to DA Form 66) 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. On 1 December 1965, the applicant enlisted in the Regular Army for 2 years. He completed basic combat training and was enrolled as a Warrant Officer Candidate at Fort Wolters, Texas. On 10 August 1966, he was enrolled in aviation training at Fort Rucker, Alabama. 3. On 5 December 1966, the applicant was discharged for the purpose of accepting appointment as a warrant officer one. His DD Form 214 for this period of service shows his awards as: * National Defense Service Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Marksman Marksmanship Qualification Badge with Pistol Bar 4. On 6 December 1966, the applicant entered active duty as a U.S. Army Reserve (USAR) warrant officer one. He was immediately placed on orders for assignment in the Republic of Vietnam (RVN) for duty as a helicopter pilot. He served in the RVN with the 174th Aviation Company from 10 January 1967 to 4 January 1968. 5. On 4 February 1968, the applicant was assigned for duty as a helicopter pilot at Fort Benning, Georgia. 6. On 6 February 1968, the applicant was promoted to chief warrant officer two. 7. Department of the Army General Orders Number 20, dated 7 April 1969, announced award of the Soldier's Medal to the applicant for his heroic actions on 27 July 1968 at Fort Benning, Georgia. 8. On 5 December 1969, the applicant was released from active duty and transferred to the USAR Control Group (Standby). His DD Form 214 for this period of service shows his awards as: * Vietnam Service Medal * Army Commendation Medal * Purple Heart * Air Medal with Oak Leaf Cluster and “V” Device * Vietnam Campaign Medal with 1960 Device * Vietnam Gallantry Cross with Palm Unit Citation 9. The applicant’s DA Form 66 shows, in addition to the awards addressed above, the following: * Army Aviator Badge * Army Good Conduct Medal 10. The physician’s letter, as provided by the applicant, indicates that he is suffering from myelodysplasia and acute myeloid leukemia. These conditions are potentially life threatening and generally life-shortening. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states the Soldier's Medal is awarded for distinguished heroism not involving actual conflict with the enemy. The same degree of heroism is required as for award of the Distinguished Flying Cross. The performance must have involved personal hazard or danger and the voluntary risk of life under conditions not involving conflict with an armed enemy. Award of the Soldier's Medal will not be made solely on the basis of having saved a life. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 2. Appendix B of Army Regulation 600-8-22 (Military Awards) shows that based on the applicant's dates of service in the RVN, he participated in the following two campaign periods: the Vietnam Counteroffensive, Phase II and the Vietnam Counteroffensive, Phase III. This same regulation states that a bronze service star will be worn on the Vietnam Service Medal to denote participation in each campaign. 3. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the RVN. This publication shows that the 174th Aviation Company, during the time of the applicant's assignment, was cited for award of the Valorous Unit Award in Department of the Army General Orders (DAGO) Number 43, dated in 1972. DISCUSSION: 1. The applicant contends that his last DD Form 214 should be corrected by showing his award of the Soldier's Medal. 2. Department of the Army General Orders announced award of the Soldier's Medal to the applicant. The award was not recorded on his final DD Form 214. 3. Records show that the applicant participated in 2 campaign periods during his service in the RVN. Therefore, he is eligible for award of two bronze service stars to be affixed to his already awarded Vietnam Service Medal, which are not shown on his final DD Form 214. 4. Records show the applicant was awarded the AGCM and the Army Aviator Badge, which were not recorded on his final DD Form 214. 5. Records show that the applicant's unit was cited in general orders for award of the Valorous Unit Award for a period coinciding with his assignment to the unit. This unit award was not recorded on his final DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160005350 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160005350 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2