IN THE CASE OF: BOARD DATE: 5 September 2018 DOCKET NUMBER: AR20170002495 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: 5 September 2018 DOCKET NUMBER: AR20170002495 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: * awarding him the Army Good Conduct Medal (1st Award) for his period of service from 14 April 1969 to 19 January 1971 * adding to item 24 of his DD Form 214 the: * Army Good Conduct Medal (1st Award) * Army Commendation Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * 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 correction of his DD Form 214 to show 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: 5 September 2018 DOCKET NUMBER: AR20170002495 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) to show the Air Medal and all the awards to which he is entitled. 2. The applicant states he was awarded the Air Medal on 28 December 1969. The Republic of Vietnam Gallantry Cross with Palm Unit Citation, marksmanship badges, and any unit citations or ribbon to which he is entitled are not shown on his DD Form 214. He also states on his DD Form 149 (Application for Correction of Military Record) that he was proving a copy of the Air Medal he received in Vietnam. However, this document was not included with his DD Form 149. 3. The applicant provides 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 16 December 1969 and he held military occupational specialty 11B (Light Weapons Infantryman). 3. Headquarters, U.S. Training Center, Infantry, Fort Bragg, NC, issued the following Special Orders (SO) on/for: * Number 149, 29 May 1969, which awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) * Number 150, 30 May 1969, which awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) 4. On 28 July 1969, he accepted nonjudicial punishment, under Article 15, Uniform Code of Military Justice, for disobeying a lawful order. His punishment included a forfeiture of $20.00 pay and restriction and extra duty for 14 days. 5. His DA Form 20 (Enlisted Qualification Record) contains the following information: a. Item 31 (Overseas Service) and item 35 (Record of Assignments) show he served in Vietnam from 4 September 1969 to 9 February 1970, during two campaigns and was assigned to: * Headquarters and Headquarters Company, 1st Battalion, 327th Infantry, 101st Airborne Division (Airmobile), from 17 September to 4 October 1969 * Company C, 1st Battalion, 327th Infantry, 101st Airborne Division (Airmobile), from 5 October 1969 to 8 February 1970 b. He received "excellent" conduct and efficiency ratings throughout his period of service; there is no evidence of a commander's disqualification for award of the Army Good Conduct Medal (1st Award) during his period of service. c. Item 41 (Awards and Decorations) – * National Defense Service Medal * Vietnam Service Medal * Combat Infantryman Badge * Two Overseas Service Bars 6. General Orders (GO) Number 3393, issued by Headquarters, 101st Airborne Division (Airmobile) on 27 March 1970, awarded him the Army Commendation Medal for meritorious achievement in Vietnam from 1 October 1969 to 28 February 1970. 7. SO Number 170, issued by Headquarters, 5th Infantry Division (Mechanized) on 19 June 1970, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16). 8. He was honorably released from active duty, in the rank/grade of Specialist Four (SP4)/E-4, on 19 January 1971. His DD Form 214 shows he completed 1 year, 9 months, and 6 days of active service. His DD Form 214 also shows in: * Item 22c (Foreign And/Or Sea Service) – 5 months and 6 days and the entry USARPAC (U.S. Army Pacific) * Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) –: * National Defense Service Medal * Combat Infantryman Badge * Vietnam Service Medal with two bronze service stars 9. His record is void of any DA Form 759-1 (Individual Flight Record and Flight Certificate – Army) to indicate the dates, aircraft type, mission category, duty position, and flight hours accrued by the applicant and/or orders showing he was awarded or authorized the Air Medal during his period of service in Vietnam. 10. His record is also void of any evidence of his entitlement to any additional awards for his period of active duty. 11. 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 order 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. 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, 1st Battalion, 327th Infantry, was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period from 18 March to 2 May 1970, by DAGO Number 48, dated 1971. 5. DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam, and its subordinate units during the period from 20 July 1965 to 28 March 1973. DISCUSSION: 1. Orders awarded him the Army Commendation Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) and Expert Marksmanship Qualification Badge with Rifle Bar (M-14) during his period of service. His DD Form 214 does not lists these badges. 2. Notwithstanding, his receipt of "unknown" conduct and efficiency ratings from 29 October to 10 November 1965 and NJP action, he received "excellent" conduct and efficiency ratings during his service from 4 June to 28 October 1965 and from 11 November 1965 to 7 August 1967. He also attained the rank/grade of SGT/E-5, served in Vietnam, and completed over 2 years of honorable service. It appears he met the criteria for award of the Army Good Conduct Medal (1st Award) for the period of service from 31 May 1965 to 29 May 1968. 3. GO's awarded his unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service in Vietnam. These unit awards are not listed on his DD Form 214. 4. There is no evidence of record and he provided none showing he was awarded and met the requirements for award of the Air Medal during his service in Vietnam. Additionally, there are no orders in the available records awarding or authorizing him 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170002495 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170002495 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2