ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 10 June 2019 DOCKET NUMBER: AR20170005611 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of additional Air Medals and Bronze Star Medal. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self-Authored Statement * Two U.S. Army Republic of Vietnam Form 131 (R) (Awards and Decorations) * Three Letters of Commendation * Special Orders (SO) Number 261, 235, and 222 * General Orders (GO) Number 6948 * Unit Orders Number 17 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 applicant states his DD Form 214 item number 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) is missing an additional Air Medal. Also, badges are omitted and a possible Bronze Star Medal. Additional Air Medals and Bronze Star Medal were not processed because platoon officer not pleased that applicant did not fight reassignment. Omission of the badges were because clerk typist. Correct record of Soldier who served proudly at a difficult time. 3. The applicant is eligible for additional awards not reflected on his DD Form 214. As a result these awards will be added to his DD Form 214 as administrative corrections and do not require action by the Board. The Board will consider the award of the additional Air Medal and Bronze Star Medal. 4. The applicant provides: a. A self-authored letter which he states that due to the public’s opinion of Vietnam veterans he never really talked about his experiences too much at the time. He realizes it has been 40 plus years, but now he would like to see if his military record can be clarified. He was awarded the Air Medal for service. Additional flight time was completed and his flight records are attached, but no additional awards were presented. He was awarded several badges which did not appear on his DD Form 214. When he received the reassignment orders to the 9th Medical Laboratory the new platoon officer wanted him to stay. He was a specialist 5 (acting sergeant (SGT)/E-5) supervising a section and had a reputation for getting things done as well as the respect of his men. The new platoon officer told him the previous officer and first sergeant had recommended him for a Bronze Star Medal and would see that he got it if he stayed. At that time a Bronze Star Medal did not mean that much to him and he told him he would accept the reassignment. He suspects the recommendation was due to their participation in Lam Son 719. b. His flight records which show he completed 85 total hours of flight and 128.5 total missions. c. Letter of commendation, dated 10 April 1971, which he was commended for outstanding performance of duty and “can do” attitude exhibited in providing chemical support on Operation Lam Son 719, during the period of 28 February 1971 to 8 April 1971. d. Letter of commendation, dated 1 August 1971, which expressed appreciation for his excellent manner in which he continually demonstrated a contagious high spirit and pride in all his actions and accomplishments that benefitted his section and earned him a reputation for prompt, exacting, and proficient support. e. Letter of commendation, dated 25 September 1971, under his leadership the defoliation section made a valuable contribution to suppressing vegetation within division perimeter firebase defenses. 5. A review of the applicant’s service records shows: a. He enlisted in the Regular Army on 25 July 1969. b. He served in Vietnam from 8 January 1971 to 28 January 1972. c. SO Number 261, dated 18 September 1969 awarded him the: * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Expert Marksmanship Qualification Badge with Hand Grenade Bar * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) d. SO Number 235, dated 8 December 1969 awarded him the Expert Marksmanship Qualification Badge with Flamethrower Bar. e. GO Number 6948, dated 22 June 1971 awarded him the Air Medal. f. Unit Orders Number 17, dated 27 May 1971 appointed him as acting SGT. g. SO Number 222, dated 10 August 1971 awarded him the Aircraft Crewmember Badge. h. He was honorably released from active duty on 30 January 1972. His DD Form 214 shows he completed 2 years, 6 months, and 6 days of active service. It also shows he was awarded or authorized: * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal with “1960” Device * Army Commendation Medal * Air Medal 6. A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1971 and 1972 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal additional awards for the applicant including the second Air Medal and Bronze Star Medal. 7. By regulation: a. To qualify 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. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. b. The Bronze Star Medal is awarded to any person who distinguished himself or herself by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy; or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. c. The criteria for the first award only of the Army Good Conduct Medal, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year requires all “excellent” conduct and efficiency ratings and no convictions by a court-martial. BOARD DISCUSSION: fter reviewing the application and all supporting documents, the Board determined that relief was not warranted. Based upon the flight records submitted failing to show the category of each mission as well as a lack of other orders showing he was previously awarded the second Award Medal, the Board concluded there was insufficient evidence to show the applicant was eligible for a second Air Medal. Additionally, the Board found no evidence submitted by the applicant or within the service record to show that the applicant was awarded a BSM. Therefore, the Board recommended denying the applicant’s requested relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X X X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 2. However, prior to closing the case, the Board noted the administrative notes below by the analyst of record and recommended those changes be completed to more accurately depict the military service of the applicant. 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): A review of the applicant’s records shows he is authorized additional awards and badges not annotated on his DD Form 214. As a result, amend his DD Form 214 by deleting the Vietnam Service Medal and adding: * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Expert Marksmanship Qualification Badge with Hand Grenade Bar * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Expert Marksmanship Qualification Badge with Flamethrower Bar * Aircraft Crewman Badge * Republic of Vietnam Gallantry Cross with Palm Unit Citation, DAGO Number 6 dated 25 February 1974 * Vietnam Service Medal with two bronze service stars 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. 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. 3. Army Regulation (AR) 600-8-22 (Military Awards) states: a. The Air Medal paragraph 3-16 is awarded to any person who, while serving in any capacity in or with the U.S. Army, will have distinguished himself or herself by meritorious achievement while participating in aerial flight. Awards may be made to recognize single acts of merit or heroism, or for meritorious service as described: * for acts of heroism in connection with military operations against an armed enemy or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party * for single acts of meritorious achievement, involving superior airmanship, which were accomplished with distinction beyond that normally expected * for meritorious service may be made for sustained distinction in the performance of duties involving regular and frequent participation in aerial flight for a period of at least 6 months, accumulation of a specified number of hours and missions will not serve as the basis for award of the Air Medal * primarily intended to recognize those personnel who are on current crewmember or non-.crewmember flying status which requires them to participate in aerial flight on a regular basis and frequent basis in the performance of their primary duties b. The Bronze Star Medal is awarded for meritorious achievement or meritorious service to any person who, while serving in any capacity in or with the Army of the United States after 6 December 1941, distinguished himself or herself by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy; or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. c. A bronze service star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal. 4. AR 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 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 3 years but more than 1 year. The enlisted person must have had all “excellent” conduct and efficiency ratings. Ratings of “Unknown” for portions of the period under consideration were not disqualifying. Service school efficiency ratings based upon academic proficiency of at least “Good” rendered subsequent to 22 November 1955 were not disqualifying. There must have been no convictions by a court-martial. However, 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. 5. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict, the Grenada Operation, and the period of service subsequent to the Vietnam Conflict up to September 1987. 6. Department of the Army General Orders 8, 1974, announced award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm for service in Vietnam to the Headquarters, United States Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973; and Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973. ABCMR Record of Proceedings (cont) AR20170005611 4 1