IN THE CASE OF: BOARD DATE: 19 September 2018 DOCKET NUMBER: AR20170000019 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: 19 September 2018 DOCKET NUMBER: AR20170000019 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. awarding him the Army Good Conduct Medal (1st Award) for the period 7 August 1961 through 17 October 1963; and b. amending his DD Form 214 for the period ending 17 October 1963 to add the: * Army Good Conduct Medal (1st Award) * Korea Defense Service Medal c. deleting the Vietnam Service Medal from his DD Form 214 for the period ending 23 August 1966; and d. amending his DD Form 214 for the period ending 23 August 1966 to add the: * Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 caliber) * Army Commendation Medal * Distinguished Flying Cross * Air Medal (20th oak leaf cluster) * Vietnam Service Medal with 3 bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) * Valorous Unit Award * Presidential Unit Citation 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: 19 September 2018 DOCKET NUMBER: AR20170000019 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, in effect, correction of his record to show award of the: * Army Commendation Medal * Distinguished Flying Cross * Air Medal (22nd oak leaf cluster) * Vietnam Service Medal with 1 bronze service star * Korea Defense Service Medal * Sharpshooter Marksmanship Qualification Badge with Pistol Bar * Republic of Vietnam Gallantry Cross Palm Unit Citation * Valorous Unit Award (2nd Award) 2. The applicant states the information is missing from his DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) and he wants to leave an accurate history of his military service for his children and grandchildren. 3. The applicant provides: * DD Form 214 * General Orders Number 304 * General Orders Number 428 * Citation * Page 2 of DA Form 66 (Officer Qualification Record) * National Personnel Records Center letter * 1 page of electronic mail 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 enlisted in the Regular Army on 7 August 1961. 3. Section 4 (Chronological Record of Military Service) of his DA Form 24 (Service Record) shows he received all "excellent" conduct and efficiency ratings throughout his entire period of active military service. 4. There is no evidence in the available records that shows he was awarded the Army Good Conduct Medal; neither is there evidence of a commander's disqualification for the award. Additionally, there is no evidence of any convictions by courts-martial or receipt of nonjudicial punishment under Article 15, Uniform Code of Military Justice. 5. Section 5 (Service Outside Continental United States) shows he arrived in Korea on 27 November 1961 and he departed Korea for the Continental United States on 29 November 1962. 6. On 17 October 1963, he was honorably discharged to accept an appointment as a warrant officer. His DD Form 214 does not show the Army Good Conduct Medal or the Korea Defense Service Medal among his authorized awards. 7. The applicant entered active duty on 18 October 1963. Evidence shows he served in the Republic of Vietnam with Headquarters and Headquarters Company, 1st Brigade, 1st Cavalry Division (Airmobile) for the period 12 September 1965 to 18 April 1966 and with the 161st Aviation Company (Airmobile) for the period 19 April to 12 August 1966. 8. Item 23 (Qualification in Arms) of his DA Form 66 (Officer Qualification Record) shows he qualified as a sharpshooter with the .45 caliber pistol on 8 December 1964. 9. General Orders Number 304 issued by Headquarters, 1st Aviation Brigade on 14 September 1966 awarded him the Army Commendation Medal. 10. General Orders Number 428 issued by Headquarters, I Field Force Vietnam on 27 October 1966 awarded him the Distinguished Flying Cross. 11. General Orders Number 783 issued by Headquarters, 1st Aviation Brigade on 2 November 1966 awarded him the Air Medal (20th oak leaf cluster). 12. On 23 August 1966, the applicant was honorably released from active duty at the expiration of his active duty commitment. The DD Form 214 he was issued shows 2 years, 10 months and 6 days of net service during this period with 1 year and 1 day of foreign and/or sea service. The form shows he was awarded or authorized the: * Army Aviation Medal * Vietnam Service Medal * Air Medal (4th through 12th oak leaf cluster) * National Defense Service Medal * Republic of Vietnam Campaign Medal with Device (1960) 13. 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 Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Air Medal (22nd oak leaf cluster) pertaining to the applicant. 14. The applicant provides a citation for award of the Air Medal (22nd oak leaf cluster). REFERENCES: 1. Army Regulation 600-65 (Service Medals), in effect at the time, stated the Army Good Conduct Medal was awarded for each three years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, one year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than three years but more than one year. A Soldier's conduct and efficiency ratings, including those pertinent to attendance at service schools, must have all been recorded as "excellent" or higher, except that ratings of "unknown" for portions of the period under consideration would not be disqualifying. There must have been no convictions by court-martial. There was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders. 2. Army Regulation 600-8-22 (Military Awards) states: a. The Korea Defense Service Medal was established by the National Defense Authorization Act of 2003, Public Law 107-314. It is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. The criteria for this award is a Soldier must have been assigned, attached or mobilized to units operating in the area of eligibility for 30 consecutive days or for 60 nonconsecutive days. b. 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. c. The Valorous Unit Award is awarded for extraordinary heroism in action against an armed enemy of the United States while engaged in military operations involving conflict with an opposing foreign force or while serving with friendly foreign forces engaged in an armed conflict in which the United States is not a belligerent party for actions occurring on or after 3 August 1963. This award requires a lesser degree of gallantry, determination, and esprit de corps than required for the Presidential Unit Citation. Nevertheless, the unit must have performed with marked distinction under difficult and hazardous conditions in accomplishing its mission so as to set it apart from and above other units participating in the same conflict. The degree of heroism required is the same as that which would warrant award of the Silver Star to an individual. d. The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. This same regulation states a bronze service star is authorized with the Vietnam Service Medal award for each Vietnam campaign a member is credited with participating in. Appendix B shows that during his service in Vietnam, participation credit was awarded for the following three campaigns: * Vietnam Defense Campaign (8 March 1965 – 24 December 1965) * Vietnam Counteroffensive (25 December 1965 – 30 June 1966) * Vietnam Counteroffensive, Phase II (1 July 1966 – 31 May 1967) 3. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam. During the period in which the applicant was assigned to Headquarters and Headquarters Company, 1st Brigade, 1st Cavalry Division, his unit was cited for award of the: a. Presidential Unit Citation for the period 23 October to 26 November 1965 by Department of the Army General Order (DAGO) Number 40, dated 1967; and b. Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 to 19 May 1969 by DAGO Number 59, dated 1960. 4. During the period in which the applicant was assigned to the 161st Aviation Company, his unit was cited for award of the: a. Valorous Unit Award for the period 28 through 30 May 1966 by DAGO Number 40, dated 1967; and; b. The Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March 1966 to 26 March 1967 by DAGO Number 22, dated 1968. 5. Not more than one Republic of Vietnam Gallantry Cross with Palm Unit Citation will be worn by any individual. However, although wear of multiple awards of this unit citation is not authorized, official military personnel and historical records will indicate all awards received. 6. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR considers individual applications that are properly brought before it. The ABCMR will decide cases on the evidence of record. It is not an investigative body. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. The applicant served on active duty during the period 7 August 1961 through 17 October 1963. During this period, he received all "excellent" conduct and efficiency ratings. The evidence shows he met the criteria for award of the Army Good Conduct Medal (1st Award) for the period 17 August 1961 through 17 October 1963 and placement on his DD Form 214 for the period ending 17 October 1963. 2. Based on the evidence located on his DA Form 24, the applicant completed a period of qualifying service for award of the Korea Defense Service Medal which is not listed on his DD Form 214 for the period ending 17 October 1963. 3. Evidence shows he qualified as a sharpshooter with the .45 caliber pistol on 8 December 1964. The Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 caliber) is not listed on his DD Form 214 for the period ending 23 August 1966. 4. General orders awarded him the Army Commendation Medal, Distinguished Flying Cross and Air Medal (20th oak leaf cluster) which are not listed on his DD Form 214 for the period ending 23 August 1966. 5. The record shows the applicant participated in three campaigns during his service in the Republic of Vietnam. However, the Vietnam Service Medal listed on his DD Form 214 for the period ending 23 August 1966 does not reflect any bronze service stars to indicate his campaign participation. 6. General orders awarded his units in Vietnam the two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, a Valorous Unit Award and a Presidential Unit Citation during his periods of assignment, which are not listed on his DD Form 214 for the period ending 23 August 1966. 7. With regard to the applicant's request for the Air Medal (22nd oak leaf cluster), orders show he was awarded the Air Medal (20th oak leaf cluster). His records do not contain a formal recommendation, approval through the chain of command, and an announcement in orders as required by the applicable regulation. However, he did provided a citation for the Air Medal (22nd oak leaf cluster). 8. With regard to the applicant's request for award of the Valorous Unit Award (2nd Award), general orders awarded his unit one award of the Valorous Unit Award. There is no evidence to show a second award was authorized or awarded. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170000019 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170000019 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2