IN THE CASE OF: BOARD DATE: 28 November 2018 DOCKET NUMBER: AR20170001784 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: 28 November 2018 DOCKET NUMBER: AR20170001784 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 his the Army Good Conduct Medal (1st Award) for the period 8 August 1966 through 3 August 1967; b. correcting his DD Form 214 for the period ending on 3 August 1967 to add the following awards: Army Good Conduct Medal (1st Award), Second Class Gunner Marksmanship Qualification Badge with Machine Gun Bar (M-60), and Marksman Marksmanship Qualification Badge with Rifle Bar (M-16); and c. correcting his DD Form 214 for the period ending on 6 September 1973 to add the following awards: Valorous Unit Award, and Republic of Vietnam Gallantry Cross with Palm 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 additional awards of the Air Medal. __________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: 28 November 2018 DOCKET NUMBER: AR20170001784 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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), for the period ending on 6 September 1973, add the following awards in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – * Sharpshooter Marksmanship Qualification Badge * Army Good Conduct Medal * Valorous Unit Award * Republic of Vietnam Gallantry Cross with Palm Unit Citation * additional awards of the Air Medal 2. The applicant states, during his tour in Vietnam in 1969, he was assigned to the 71st Aviation Company, 14th Combat Aviation Battalion. His unit was awarded the Valorous Unit Award by General Order (GO) Number 73, dated 1972 and the Republic of Vietnam Campaign Medal with Palm Unit Citation by GO Number 42, dated 1972. He flew over 300 combat hours and he is entitled to additional awards of the Air Medal. The Valorous Unit Award was awarded after his discharge. 3. The applicant provides a copy of his DD Form 214. 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 inducted into the Army of the United States on 8 August 1966 and he held military occupational specialty (MOS) 11F (Infantry Operations and Intelligence Specialist). 3. His DA Form 20 (Enlisted Qualification Record) shows: a. he received "excellent" conduct and efficiency ratings and his record does not contain commanders disqualification for award of the Army Good Conduct or and record of convictions by courts-martial. b. he earned the following qualification badges: * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), 30 September 1966 * Second Class Gunner Marksmanship Qualification Badge with Machine Gun Bar (M-60), 8 November 1966 * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), 3 November 1966 4. He was honorably discharged on 3 August 1967, in the rank of specialist five/E-5 to accept a commission. His DD Form 214 shows he completed 11 months and 26 days of active duty. His DD Form 214 also shows he was awarded and authorized the National Defense Service Medal and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). 5. He was appointed in the U.S. Army Reserve, Infantry Corps, on 4 August 1967 and entered active duty on the same day. He held MOS 1542 (Infantry Unit Commander). 6. His DA Form 66 (Officer Qualification Record) contains the following information: a. Items 17 (Foreign Service) and item 18 (Record of Assignments) show he served in Vietnam from 23 February 1969 to 24 February 1970, during three campaigns, and was assigned to the 71st Aviation Company (Assault Helicopter), 14th Combat Aviation Battalion, Americal Division. b. Item 21 (Awards and Decorations) – * National Defense Service Medal * Army Aviator Badge * Vietnam Service Medal * Purple Heart with 1st Oak Leaf Cluster (OLC) * Air Medal Republic of Vietnam Campaign Medal with Device (1960) * Army Commendation Medal with "V" Device and 1st OLC * Two Overseas Service Bars c. Item 23 (Qualification in Arms) – Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14); he qualified on 21 March 1976 d. Item 44 (Flying Hours) contains entries showing how many flight hours he completed by the following dates: * 14 January 1969 – 219 (Prior to Vietnam Service) * 30 June 1970 – 555 (After Vietnam Service) * 30 June 1971 – 610 (After Vietnam Service) * 30 June 1972 – 691 (After Vietnam Service) 7. His records contain the following the following: a. GO's issued by Headquarters, Americal Division, on/for: * Number 5998, 1 July 1969, awarding him the Air Medal for the period of service from 13 March to 2 May 1969 * Number 11412, 3 November, 1969, awarding him the Air Medal with "V" Device and 1st OLC for heroism while participating in aerial flight against a hostile force in Vietnam on 14 August 1969 b. A DA Form 759 (Individual Flight Record and Flight Certificate- Army), for the period from July to August 1973. The form shows he completed 764 hours of total pilot time and 328 hours of total pilot combat time. 8. He was honorably released from active duty, in the rank of captain, on 6 September 1973. His DD Form 214 shows he completed 6 years, 1 month, and 3 days of active service. His DD Form 214 also shows in item 24 – * National Defense Service Medal * Vietnam Service Medal with three bronze service stars * Purple Heart with 1st OLC * Air Medal with "V" Device and 1st OLC * Two Overseas Service Bars * Bronze Star Medal * Republic of Vietnam Campaign Medal with "1960" Device * Army Commendation Medal with "V" Device and 1st OLC * Army Aviator Badge 9. On 30 August 2018, a staff member of the U.S. Army Human Resources (HRC) Command stated 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 HRC Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for award of the Air Medal pertaining to the applicant. REFERENCES: 1. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards), in effective at the time, provided, in pertinent part, guidelines for award of the Air Medal. It defined terms and provided guidelines for the award based upon the number and types of missions or hours. The document defined a mission as the departure of an aircraft from a base camp to a nonsecure landing zone and return and that an additional mission may be credited for each additional landing zone used. 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. 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. 2. Army Regulation (AR) 600-8-22 (Military Awards) prescribes policies and procedures for military awards. The regulation 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. 3. AR 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct medal for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years, but more than 1 year. The enlisted person must have had all "excellent" conduct and efficiency ratings. There must have been no convictions by a court-marital. 4. AR 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214. It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty. The regulation stated item 24 would list all decorations, service medals, campaign credits, and badges awarded or authorized during the period covered by the DD Form 214. 5. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. The pamphlet shows his unit, 71st Aviation Company, was cited for award of the: * Valorous Unit Award, for the period from 11 to 31 August 1969, DAGO Number 43, dated 1972 * Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the periods from 24 August to 31 December 1969, by DAGO Number 42, dated 1972 DISCUSSION: 1. The regulatory guidance in effect during the period of the applicant's service stated, in effect, that only the awards awarded during the period covered by the DD Form 214 would be listed on that form. 2. The applicant's first period of service was from 8 August 1966 through 3 August 1967. He served as an enlisted member during this period. a. The evidence of record shows the applicant received "excellent" conduct and efficiency ratings during his period of active duty, attained the rank/grade of SP5/E-5 during his first period of service, while serving as an enlisted member. His record does not contain a commander's disqualification and his record does not contain any record of convictions by courts-martial. He met the criteria for award of the Army Good Conduct Medal (1st Award) for the period of service from 8 August 1966 through 3 August 1967. b. He was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and the Second Class Gunner Marksmanship Qualification Badge with Machine Gun Bar (M-60) during the period covered by his DD Form 214 for the period ending on 3 August 1967. However, his DD Form 214 for this period only reflects the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) 3. The applicant served as a commissioned officer during his second period of active duty service, from 4 August 1967 to 6 September 1973. a. GO's awarded his unit the Valorous Unit Award and Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service in Vietnam. His DD Form 214 does not list these unit awards. b. He served in a commissioned status from 4 August 1967 to 6 September 1973. The regulation, in effect at the time, contains provisions for award of the Army Good Conduct Medal to enlisted personnel only. c. The Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) is not listed on his DD Form 214 for the period ending on 6 September 1973 because he qualified with the M-14 rifle and was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) during the period covered by his DD Form 214 for the period ending on 3 August 1967. d. His record shows he completed a total of 328 hours of pilot combat time. The record does not show whether these were category I, category II, or category III combat missions, nor does it show how many combat missions he flew. (1) Orders awarded him the Air Medal with "V" Device and 1st OLC. These awards are listed on his 1973 DD Form 214. There are no orders in the available records awarding or authorizing him additional awards of the Air Medal during this period. Further, item 41 of his DA Form 20 does not list the Air Medal and a review of ADCARS failed to reveal any orders awarding him the Air Medal. (2) The available evidence did not conclusively show that he met the requirement for additional awards of the Air Medal. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170001784 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170001784 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2