ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  28 June 2019

	DOCKET NUMBER:  AR20160014533


APPLICANT REQUESTS:  on behalf of his late brother, a former service member (FSM), the following corrections:

	a.  correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show:

* his social security number (SSN) as XXX-XX-XXXX instead of XXX-XX-XXXX
* award of the Air Medal (AM) and Combat Infantryman Badge (CIB)

	b.  correction of Headquarters, 101st Airborne Division (Airmobile), Special Orders Number 196, dated 15 July 1970, to show the correct spelling of the FSM's last name.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record), dated 3 August 2016
* Headquarters, 101st Airborne Division (Airmobile), General Orders Number 7457, dated 29 June 1970
* Headquarters, 101st Airborne Division (Airmobile), Special Orders Number 196, dated 15 July 1970
* Headquarters, Recondo Force certificate of membership, dated 22 November 1970
* Headquarters, 101st Airborne Division (Airmobile), General Orders Number 14467, dated 12 December 1970
* Headquarters, United States Army, Vietnam, General Orders Number 5327, dated 17 December 1970
* Baltimore Sun obituary on the FSM, dated 27 April 2016
* Maryland Crematory, Certificate of Cremation, dated 19 May 2016
* email to applicant, dated 23 May 2016
* State of Maryland, Department of Health and Mental Hygiene, Division of Vital Records, Certificate of Death, dated 24 October 2016
* State of Maryland, Letters of Administration of a Small Estate, dated 25 October 2016
* State of Maryland, Department of Health and Mental Hygiene, Division of Vital Records, Certificate of Birth, dated 7 May 2018

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552(b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The FSM's records contain Headquarters, 101st Airborne Division (Airmobile), Special Orders Number 225, dated 13 August 1970, which awarded the FSM the CIB and listed the FSM's last name incorrectly.  The FSM's DD Form 214 will be administratively corrected to show award of the Combat Infantryman Badge and the special orders authorizing this badge will be amended to show the FSM's correct last name.  

3.  The Board will consider the applicant's request for a change to his late brother's SSN and the award of the AM.

4.  The applicant states:

	a.  His late brother's records are in error because he was in the combat area of operations when the awards were issued.  

	b.  The FSM was eligible for the award because his name was misspelled on another order for the CIB.

	c.  The FSM was in transit in the area of operations during issuance of the AM and he never received the award.

5.  On 29 January 1969, the FSM was inducted into the Army of the United States.  His DD Form 47 (Record of Induction) did not list his SSN.  

6.  The FSM's DA Form 41 (Record of Emergency Data), dated 29 January 1969, shows his SSN as XXX-XX-XXXX.

7.  On 16 July 1969, the FSM was discharged in order to enlist in the Regular Army.  His DD Form 214 for the period ending 16 July 1969 is not available for review.

8.  On 17 July 1969, the FSM enlisted in the Regular Army.  His DD Form 4 (Enlistment Contract – Armed Forces of the United States) shows his SSN as XXX-XX-XXXX and is authenticated by his signature.


9.  A review of the FSM's records shows the SSN XXX-XX-XXXX was consistently used throughout his service.  His records are void of any evidence the SSN XXX-XX-XXXX was used during his period of service.

10.  The applicant provided a copy of Headquarters, 101st Airborne Division (Airmobile), General Orders Number 7457, dated 29 June 1970, which awarded the AM to Soldiers of the 502nd Infantry Regiment for meritorious achievement on 25 April 1970.  The FSM's name is not listed on these general orders.  

11.  The applicant provided a copy of Headquarters, 101st Airborne Division (Airmobile), Special Orders Number 196, dated 15 July 1970, which awarded the CIB to the FSM effective 14 July 1970 and listed his SSN XXX-XX-XXXX, the SSN consistently used throughout his service.

12.  The FSM's records contained Headquarters, 101st Airborne Division (Airmobile), Special Orders Number 225, dated 13 August 1970, which awarded the FSM the CIB effective 11 August 1970 and listed his SSN as XXX-XX-XXXX, the SSN consistently used throughout his service.

13.  The applicant provided a copy of Headquarters, 101st Airborne Division (Airmobile, General Orders Number 14467, dated 12 December 1970, which awarded the AM to Soldiers of the 502nd Infantry Regiment for meritorious achievement for the period 1 June 1970 to 1 November 1970.  The FSM's name is not listed on these general orders.

14.  The FSM served in Vietnam from 4 May 1970 through 12 April 1971.  

15.  Item 41 (Awards and Decorations) of the FSM's DA Form 20 with a 23 June 1971 audit date, contains pencil entries for the Bronze Star Medal (BSM) and the AM.  There are no orders listed under the authority for these entries.

16.  On 25 June 1971, the FSM was honorably released from active duty.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period 25 June 1971 does not show award of the AM.

17.  The applicant provided State of Maryland Department of Health and Mental Hygiene Division of Vital Records, Certificate of Death, dated 21 April 2016, which recorded the FSM's death and listed his SSN as XXX-XX-XXXX.

18.  The FSM's available records are void of orders awarding him the AM or the BSM, his DA Form 2139 (Military Pay Voucher), or any evidence he participated in air assault operations.

19.  A review of the Awards and Decorations Computer-Assisted Retrieval System, 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, failed to reveal any orders for the AM or the BSM pertaining to the FSM.

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and evidence in the records.  The Board considered the applicant’s statement, the Soldier’s record of service to include service in Vietnam, his awards and decorations, the SSN used throughout his service, his DA Form 20 entries and the entries on the DD Form 214.  The Board concurs with the corrections stated in the administrative notes below and found sufficient evidence that the Soldier was awarded the Combat Infantryman Badge and the Army Commendation Medal.  The Board did not find evidence of an error in the Soldier’s SSN (different than the one on the Certificate of Death) on his DD form 214.  The Board found insufficient evidence in the records that the Soldier had been awarded the Air Medal or the Bronze Star Medal.  

2.  After reviewing the application and all supporting documents, the Board found that partial relief was warranted.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:X	:X	:X	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


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:
   - amending the DD Form 214 for the period of service ending 25 June 1971 to reflect in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons…) the corrections as indicated in the Administrative Note(s) that follow, and;
   - Correcting Headquarters, 101st Airborne Division (Airmobile), Special Orders Number 225, dated 13 August 1970 as indicated below.

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 award of the Air Medal or Bronze Star Medal.



	 
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.


ADMINISTRATIVE NOTE(S):

1.  A review of the FSM's records shows he was authorized awards not shown on his DD Form 214.  As a result, his DD Form 214 should be amended to show he was awarded or authorized the following:

* Army Commendation Medal
* Vietnam Service Medal with two bronze service stars 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Valorous Unit Award
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar  (M-60)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

2.  Headquarters, 101st Airborne Division (Airmobile), Special Orders Number 225, dated 13 August 1970, should be amended to show the FSM's proper name.









REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Army Regulation 635-5 (Personnel Separations – Separation Documents), in effect at the time, prescribed the separation documents that would be furnished to each individual who was separated from the Army.  All local procedures would be established to insure that entries on the forms are verified against source documents for completeness and accuracy.  Instructions for item 3 (SSN) of the DD Form 214 stated to transcribe the social security number from DA Form 2139 (Military Pay Voucher).

3.  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.

4.  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.  


ABCMR Record of Proceedings (cont)	 AR20160014533


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