ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 9 March 2020 DOCKET NUMBER: AR20170013058 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Distinguished Flying Cross (DFC) instead of the Air Medal with "V" Device. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), dated 24 July 2017 * U.S. Army Republic of Vietnam (USARV) Form 157-R (Recommendation for Decoration for Valor), dated 1 July 1968, with supporting documents * DD Form 214 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, U.S. Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) 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 the DFC should be added to his DD Form 214. 3. On 18 April 1966, the applicant enlisted in the Army of the United States in the rank/grade of private/E-1. 4. He completed training and he was awarded military occupational specialty (MOS) 67X20 (Helicopter Mechanic). 5. His DA Form 20 (Enlisted Qualification Record) shows in: a. item 31 (Foreign Service) – service in Korea from 11 November 1966 to 15 September 1967 and service in Vietnam from 11 October 1967 to 8 October 1968; b. item 33 (Appointments and Reductions) – no reductions; c. item 38 (Record of Assignments) – he received all "excellent" conduct and efficiency ratings and his assignments, in part, were as follows: * 478th Aviation Company, 1st Cavalry Division, (Air Mobile) U.S. Army Pacific, Vietnam, from 14 October 1967 to 13 March 1968 * 355th Aviation Company, United States Army Pacific – Vietnam, from 16 March 1968 to 21 November 1968 d. item 41 (Awards, Decorations and Campaigns) – * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Aircraft Crewman Badge (now known as the Basic Aviation Badge) * Armed Forces Expeditionary Medal * Air Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) 6. 1st Aviation Brigade, General Orders Number 2819, dated 9 May 1968, awarded him the Air Medal for meritorious achievement while participating in aerial flight for the period 13 December 1967 to 18 April 1968. 7. The applicant provided copies of his USARV Form 157-R, dated 1 July 1968, that shows in: a. item 9 (Organization at Time of Action) – 355th Aviation Company, APO, U.S. Forces, 96318; b. item 11 (Award Individual is Recommended for) – an "X" is marked for the DFC; c. item 12 (Dates of Service – Merit: Date(s) of Action – Valor) – 11 May 1968; d. item 16 (Others Recommended for an Award for the Same Action) – two officers and one other enlisted Solider is listed.; e. item 17 (Names of Eye Witnesses) – the commander and one other officer from the 179th Aviation Company are listed; f. item 18 (Narrative Description) – "On 11 May 1968 the United States Air Force requested Heavy Helicopter support in order to recover one if its downed A1J Skyraiders deep within enemy dominated terrain. Due to the classified nature of the mission, flight crews were selected on a volunteer basis. [Applicant] readily volunteered to serve as Crew Chief on this mission. During the rigging operation, the entire party was open to enemy observation and possible attack. [Applicant] alternated between a hastily established defensive perimeter and the rigging crew, offering what assistance he could to both areas and provided invaluable assistance to the correct rigging of the aircraft....[Applicant's] professional skill and proficiency in the face of continual and numeral obstacles were a predominating factor on the successful accomplishment." 8. The accompanying witness statements to the applicant's USARV Form 157-R states, in part, on 11 May 1968: a. "The flight was conducted in its entirety under clandestine conditions, deep into enemy held territory." b. "The mission commenced at approximately 0830 hours on the same day. During this period we were airborne over hostile terrain most of the time and only the closest coordination and cooperation enabled us to complete the mission of this nature and was an outstanding example of the capabilities of both aircraft and the spirit of cooperation existing between all of the air elements operating in Vietnam." 9. The proposed citation to the applicant's DFC states, in part, "The mission required flying through marginal weather, over numerous anti-aircraft positions, and unfamiliar terrain to a small unsecure jungle airstrip. He remained on the ground subject to enemy fire for two hours supervising and assisting the rigging team, and providing perimeter security until the downed aircraft could be properly readied for airlifting." 10. Headquarters, 1st Aviation Brigade, General Orders Number 7116, dated 16 October 1968, award him the Air Medal with Numerals 1 through 3 for meritorious achievement while participating in aerial flight for the period 19 April 1968 to 15 September 1968. 11. Headquarters, 1st Aviation Brigade, General Orders Number 4537, dated 2 June 1970, awarded him the Air Medal with "V" Device for heroism on 11 May 1968. 12. On 17 April 1969, he was honorably released from active duty. His DD Form 214 shows he completed 3 years of net service and in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Armed Forces Expeditionary Medal * Air Medal with Numeral 3 * Aircraft Crewman Badge 13. A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal any orders for award of the DFC pertaining to the applicant. 14. His award of the Air Medal with "V" Device was awarded for the same action on 11 May 1968 as shown in his USARV Form 157-R for award of the DFC. 15. His records are void of any disciplinary actions or a commander's disqualification for award of the Army Good Conduct Medal for the period 18 April 1966 through 17 April 1969. 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, his record of service to include service in Vietnam, the award of an Air Medal w/”V” device and entries on the USARV Form 157-R. The Board found insufficient evidence of approval of an award of the DFC or that there was additional evidence specific to the events that led to the AM w/”V”. Based on a preponderance of evidence, the Board determined that the absence of a DFC in the applicant’s records was not in error or unjust. The Board concurs with the corrections as stated in the Administrative Note(s) below. 2. After reviewing the application and all supporting documents, the Board found that relief was not warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, except for those corrections stated in the Administrative Note(s) that follow, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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 was awarded or authorized the following awards not listed on his DD Form 214: * Air Medal with Numeral 4 and with "V" Device * four bronze service stars to previously-issued Vietnam Service Medal * Korea Defense Service Medal * Meritorious Unit Commendation (2nd Award) * Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) * Army Good Conduct Medal 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 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 600-8-22 prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The DFC is awarded to any person who, while serving in any capacity with the Army of the United States, distinguishes himself or herself by heroism or extraordinary achievement while participating in aerial flight. The performance of the act of heroism must be evidenced by voluntary action above and beyond the call of duty. The extraordinary achievement must have resulted in an accomplishment so exceptional and outstanding as to clearly set the individual apart from his or her comrades or from other persons in similar circumstances. Awards will be made only to recognize single acts of heroism or extraordinary achievement and will not be made in recognition of sustained operational activities against an armed enemy. A recommendation for award of the DFC for heroism may be downgraded to award of the Air Medal with "V" Device. b. Varying levels of documented heroic actions are necessary to substantiate recommendations for the Air Medal with "V" device in connection with military operations against an armed enemy. The individual must have been subjected to either personal hazard as a result of direct enemy action or must have had the conditions under which his duty or accomplishment took place complicated by enemy action or the imminence of enemy action. c. One bronze service star is authorized with the Vietnam Service Medal for each campaign during which a member was assigned or attached to and present for duty with a unit during the period in which it participated in combat. d. The Korea Defense Service Medal is awarded to service members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The area of eligibility (AOE) encompasses all land area of the Republic of Korea, the contiguous water out to 12 nautical miles, and all airspaces above the land and water areas. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. Service members must have been assigned, attached, or mobilized to units operating in the AOE for 30 consecutive or for 60 non- consecutive days, or meet the following criteria: (1) be engaged in combat during an armed engagement, regardless of time in the AOE; (2) wounded or injured in the line of duty and requires medical evacuation from the AOE; and (3) while participating as a regularly assigned air crewmember flying sorties into, out of, within, or over the AOE in direct support of military operations. Service members who qualified for the Armed Forces Expeditionary Medal by reasons of service between 1 October 1966 and 30 June 1974 in an area for which the Korea Defense Service Medal was authorized subsequently are eligible for both the Armed Forces Expeditionary Medal and the Korea Defense Service Medal. Award of the Korea Defense Service Medal for this time period is a one-time exception to policy to comply with Public Law 107-314. e. Appendix B-1 and Appendix B-3 provides a listing of campaign participation credit registers. Appendix B-3 shows: (1) the 478th Aviation Company was cited for award of the Meritorious Unit Commendation for the period 1 June 1967 to 29 February 1968 by Department of the Army General Order (DAGO) Number 28, dated 1968, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 22 February 1967 through 17 May 1968 by DAGO Number 21, dated 1969. (2) the 355th Aviation Company was cited for award of the Meritorious Unit Commendation for the period 13 January 1968 through 12 January 1969 by DAGO Number 37, dated 1970, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 22 February 1967 to 17 May 1968 by DAGO Number 21, dated 1969. 3. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), in effect at the time, specified that not more than one Republic of Vietnam Gallantry Cross with Palm Unit Citation will be worn by any individual. Although wear of multiple awards of this unit citation is not authorized, official military personnel and historical records will indicate all awards received. In those instances, however, where a single unit received duplicate Republic of Vietnam Gallantry Cross with Palm Unit Citations during the same period, only one will be recorded in official military personnel and historical records. 4. Army Regulation 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 the 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170013058 6 1