BOARD DATE: 13 June 2018 DOCKET NUMBER: AR20160007124 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 BOARD DATE: 13 June 2018 DOCKET NUMBER: AR20160007124 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 the Vietnam Service Medal from the individuals DD Form 214; and b adding the Air Medal, Vietnam Service Medal with one bronze service star, and Republic of Vietnam Gallantry Cross with Palm Unit Citation to the individuals DD Form 214. 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 additional awards of the Air Medal and two Bronze Star Medals. ______________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: 13 June 2018 DOCKET NUMBER: AR20160007124 THE BOARD CONSIDERED THE FOLLOWING 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 Air Medal (22nd Award) and the Bronze Star Medal (2nd Award). 2. The applicant states in November 1971, the 198th Light Infantry Brigade was standing down and there was a big rush to leave Chu Lia, Vietnam. He believes this may have contributed to the above awards being omitted from his DD Form 214. 3. The applicant provides: * DD Form 214 * Citation for the Air Medal (2nd through 22nd Award) * Bronze Star Medal Certificate and Citation for meritorious achievement in the Republic of Vietnam from 10 January to 7 July 1971 * Bronze Star Medal Certificate and Citation with 4th Oak Leaf Cluster for meritorious achievement in the Republic of Vietnam from 25 January to 5 November 1971 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’s complete record is not available for review with this case. However, the documents he provided along with an order obtained from the Awards and Decorations Computer Assisted Retrieval System (ADCARS) are sufficient to make a determination in his case. 3. The applicant a United States Army Reserve, Aviation warrant officer, served in an active duty status from 16 November 1970 to 14 November 1971, as an attack helicopter pilot. 4. He served in Vietnam from 7 January through 11 November 1971 with Headquarters and Headquarters Company, 198th Infantry Brigade, 23rd Infantry Division. 5. His DD Form 214 shows he completed 11 months and 29 days of active service and 10 months and 5 days were foreign service. This form also shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal * Army Aviation Badge 6. He provides a Citation showing award of the Air Medal (2nd through 22nd Award) for meritorious achievement while participating in aerial flight in support of ground forces in the Republic of Vietnam during the period 26 January to 27 June 1971. 7. He also provides certificates and accompanying citations showing award of the Bronze Star Medal with 4th Oak Leaf Cluster, for meritorious achievement in ground operations against hostile forces in the Republic of Vietnam from 25 January to 5 November 1971. 8. The citation for the Bronze Star Medal with 4th Oak Leaf Cluster shows the applicant: “Distinguished himself by outstanding meritorious service in connection with military operations against a hostile force in the Republic of Vietnam during the period 25 January to 5 November 1971.” “He consistently manifested exemplary professionalism and initiative in obtaining outstanding results. His rapid assessment and solution of numerous problems inherent in a combat environment greatly enhanced the allied effectiveness against a determined and aggressive enemy. Despite many adversities, he invariably performed his duties in a resolute and efficient manner. Energetically applying his sound judgment and extensive knowledge, he has contributed materially to the successful accomplishment of the United States mission in the Republic of Vietnam. His loyalty, diligence and devotion to duty were in keeping with the highest traditions of military service and reflect great credit upon himself and the United States Army.” 9. ADCARS, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command Military Awards Branch, contained Department of the Army General Orders (DAGO) Number 7686, issued by Headquarters, 23rd Infantry Division, dated 8 July 1971, showing the applicant was awarded the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam from 19 to 25 January 1971. REFERENCES: 1. 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. 2. Appendix B of Army Regulation 600-8-22 shows during the applicant’s service in Vietnam participation credit was awarded for the following campaign: Counteroffensive, Phase VII, from 1 July 1970 through 30 June 1971. This regulation also states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. 3. U.S. Army Vietnam (USARV) 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. a. 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. b. To be recommended for award of the Air Medal, 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 Air Medal 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. 4. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his service with the 23rd Infantry Division, Vietnam from 7 January to 11 November 1971, his unit was cited for award of the: Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 April through 30 June 1971, based on DAGO 6, dated 1974 5. USARV Regulation 672-1, also stated the Bronze Star Medal may have been awarded for heroism or for meritorious achievement or service which did not involve aerial flight but which was performed in connection with military operations against an armed enemy including combat, support, and supply operations. The approval authority for award of the Bronze Star Medal was generally delegated no lower than brigadier generals in command of separate brigades. However, the records of the Awards Branch of the U.S. Army Human Resources Command show the authority for award of the Bronze Star Medal for service had been delegated to colonels in command of the U.S. Army Support Commands located at Saigon, Cam Ranh Bay, and Qui Nhon and in command of separate engineer brigades in Vietnam assigned to the U.S. Army Engineer Troops (Provisional). DISCUSSION: 1. DAGO Number 7686 awarded the applicant the Air Medal (1st Award), which is not listed on his DD Form 214. 2. He was also awarded the Vietnam Service Medal and this award is listed on his DD Form 214. However, he participated in one campaign during his service in Republic of Vietnam and he is entitled to one bronze service star for wear on his already-awarded Vietnam Service Medal. The Vietnam Service Medal listed on his DD Form 214 does not include a bronze service star. 3. DAGO awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service in Vietnam and his DD Form 214 does not show this unit award. 4. The applicant’s contends he is entitled to 22 awards of the Air Medal and two Bronze Star Medals that are not listed on his DD Form 214, however, as with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required for the issuance of these medals and the addition to the DD Form 214. The version of the certificates he provided in support of his requests do not list an order number. Later versions of the certificate were prepared with an order number. There are no orders available that show the applicant was awarded the requested medals. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160007124 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160007124 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2