BOARD DATE: 11 January 2018 DOCKET NUMBER: AR20160005509 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: 11 January 2018 DOCKET NUMBER: AR20160005509 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 amending his DD Form 214, for the period ending 31 July 1970, by: a. deleting the entries: * AM w/19th OLC * VSM * MUC b. adding the entries: * Air Medal (Numeral 21) * Army Commendation Medal * Vietnam Service Medal with three bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Meritorious Unit Commendation (2nd Award) _____________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: 11 January 2018 DOCKET NUMBER: AR20160005509 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), for the period ending 31 July 1970, to show he was awarded the Air Medal (Bronze Star in lieu of the First Award) and the Army Commendation Medal. 2. The applicant states both of these awards are missing from his DD Form 214. He would like them added so his DD Form 214 accurately reflects his military service. 3. The applicant provides: * General Orders Number 4819, issued by Headquarters, 1st Aviation Brigade on 9 October 1967 * General Orders Number 3149, issued by Headquarters, 1st Aviation Brigade on 21 Mary 1968 * Navy Personnel (NAVPERS) Form 1650/11 (Air Medal Certificate), dated 8 April 1969, with citation narrative * two copies of DD Form 214, for the period ending 31 July 1970 * General Orders Number 82, issued Headquarters, U.S. Army Aviation Center and Fort Rucker, AL on 4 August 1970 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 on 21 February 1966, as a fixed wing aviator in the rank of second lieutenant. 3. The applicant's DA Form 66 (Officer Qualification Record) shows he served in the Republic of Vietnam from 9 June 1967 through 8 June 1968, where he was assigned to the 21st Aviation Company. 4. The applicant's record contains a memorandum from the Department of the Navy, dated 8 April 1969 and signed by the Under Secretary of the Navy, which stated: The Secretary of the Navy, after considering the recommendations contained, approves the awarding of the Air Medal (Bronze Star for the First Award), as the more appropriate award, vice the Distinguished Flying Cross to Captain [Applicant]. 5. NAVPERS Form 1650/11, dated 8 April 1969, shows the applicant was awarded the Air Medal (Bronze Star in lieu of the First Award) (sic) for heroic achievement in aerial flight in the Republic of Vietnam on 31 January 1968. 6. General Orders Number 82, issued Headquarters, U.S. Army Aviation Center and Fort Rucker, AL, on 4 August 1970, awarded him the Army Commendation Medal for the period 18 July 1968 through 31 July 1970. 7. The applicant was honorably released from active duty and transferred to the United States Army Reserve (USAR) Control Group (Standby) on 31 July 1970. His DD Form 214 shows he was awarded or authorized the: * Air Medal with 19 Oak Leaf Clusters (shown as "AM w/19th OLC") * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) (shown as "VCM w/60 Dev") * Meritorious Unit Commendation * Army Aviator Badge (shown as "ARAvBad") 8. The applicant provides General Orders Number 4819 and 3149, dated 9 October 1967 and 21 May 1968, respectively, which awarded him the Air Medal (initial award) and the Air Medal (First through Nineteenth Oak Leaf Cluster) (i.e., 2nd through 20th Awards) from the U.S. Army for the periods from 9 July 1967 through 1 June 1967 (sic). REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. 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. (1) Numerals are used instead of oak leaf clusters to designate the second and subsequent awards of the Air Medal. (2) The U.S. Navy did not authorize the Combat Distinguishing Device (i.e., Bronze "V" Device), as an accompanying device to be awarded with the Air Medal, prior to 4 April 1974. b. A bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in. Table B-1 shows that during his service in Vietnam, participation credit was awarded for the following three campaigns: * Vietnam Counteroffensive, Phase III (1 June 1967 - 29 January 1968) * TET Counteroffensive (30 January 1968 - 1 April 1968) * Vietnam Counteroffensive, Phase IV (2 April 1968 - 30 June 1968) 2. 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 the following: * Republic of Vietnam Gallantry Cross with Palm Unit Citation for service during the period 22 February 1967 through 17 May 1968, by Department of the Army General Orders (DAGO) Number 21, dated 1969 * Meritorious Unit Commendation for service during the period 1 January 1967 through 30 November 1967, by DAGO Number 69, dated 1969 amended DAGO Number 48, dated 1968 * Meritorious Unit Commendation for service during the period 1 December 1967 through 31 May 1968, by DAGO Number 60, dated 1969 DISCUSSION: 1. The applicant requests correction of his DD Form 214 to show he was awarded the Air Medal (Bronze Star in lieu of the First Award) and the Army Commendation Medal. 2. The applicant was awarded the Air Medal by the Department of the Navy for heroic achievement on 31 January 1968, during his period of service in the Republic of Vietnam. The Department of the Navy denotes the number of individual awards with a bronze star and numeral. 3. The applicant provides, and his record contains, general orders from the U.S. Army that show he was awarded the Air Medal on 20 separate occasions, which is accurately annotated by the entry "AM w/ 19th OLC" on his DD Form 214. The Air Medal is not service specific; therefore, it appears the Air Medal he received from the U.S. Navy was not reflected in the total number of Air Medals listed on his DD Form 214. 4. General Orders awarded the applicant the Army Commendation Medal; however, this award is not listed on his DD Form 214. 5. The applicant participated in three campaigns during his service in the Republic of Vietnam. His DD Form 214 shows he was authorized the Vietnam Service Medal; however, it does not show any of the three corresponding bronze service stars he is authorized in recognition of his campaign participation. By regulation, a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. 6. General orders awarded his unit of assignment in the Republic of Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Meritorious Unit Commendation (2nd Award). The applicant's DD Form 214 shows only one award of the Meritorious Unit Commendation. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160005509 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160005509 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2