ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 18 July 2019 DOCKET NUMBER: AR20170014240 APPLICANT REQUESTS: * award of the “V” Device for his Air Medal, Armed Forces Expeditionary Medal, National Defense Service Medal, Vietnam Service Medal, Air Assault Badge, and Army Good Conduct Medal * addition of the Parachutist Badge to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * Letter of Commendation, (Major X____.), Office of the Senior Advisor, 49th Infantry Regiment, * 1st Endorsement, (Colonel R.G.B.), Senior Advisor, Advisory Team #7 * 2nd Endorsement, (Major W.S.A.), Commander, 117th Aviation Company (Air Mobile Light) * Letter of Commendation, (Captain X____.), Commander, Troop B, 3rd Squadron, 4th Cavalry * Letter of Support, (Air Assault Badge Letter), (Mr. X____., Jr), dated 14 February 2012 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 is it possible to get the “V” device on his Air Medal. Determine if he qualifies for the requested awards. He was released from active duty as a sergeant/E-5. He would also like his basic parachutist status annotated on his new DD Form 214. He departed the 82nd Airborne Division as a volunteer to serve in Vietnam. This is his first and only letter, he asks that it is given the utmost attention. As his age increases and his health deteriorates, he would like this matter resolved for purpose of burial at the local Veterans Cemetery. An updated DD Form 214 would be greatly appreciated. 3. The applicant provides the following: a. Letter of Commendation from the Office of the Senior Advisor, Major X____, attesting to the applicant’s active participation while assigned as a door gunner during medevacked operations on 19 and 20 July 1963 during Operation Dan-Thang 112. He states the applicant and others performed their duties with skill, courage and proficiency despite the enemy’s attempt to cause further harm to the casualties and potential damage to the aircrafts used for medevac. The enemy had previously used 81mm mortars near the landing zone (LZ) and seized on the opportunity to fire three additional 81mm mortars as the medevac departed with the casualties aboard. The medevac successfully departed the LZ without additional casualties or any damage to the aircraft. b. An endorsement to the Letter of Commendation from Colonel X____, the Senior Advisor, Advisory Team #7. He states we are all aware of the gallant record being written by the officers and men of the 8th Transportation Company. He takes special note of the outstanding support rendered by the individuals singled out in original correspondence. He also states that deeds like those described are not common place and deserve the highest of praise. c. A second endorsement to the Letter of Commendation from Major X____, the Commanding Officer of 117th Aviation Company (Air Mobile Light). In his correspondence to the applicant and others, he states this is but one example of the perseverance, courage, and professional competence they have displayed in the operations of the unit. Their performance reflects great credit upon themselves, the unit, and the U.S. Army. d. A letter from the company commander, Captain X____, echoing previous accolades. Informs the applicant that this correspondence along with the award of the Air Medal reflects great credit upon himself, the U.S. Army, and the nation. e. A statement from Mr. X____, Jr., stating he served with the applicant in the 8th Transportation Company as door gunners aboard the H-21 helicopter. He attests to the applicant participating many, many air missions some of which he partnered with the applicant. He lauds the applicant and his fellow gunners for their character and work ethic. 3. The applicant’s service records shows: a. He enlisted in the Regular Army on 30 January 1961. b. On 23 June 1961, he was assigned to the 82nd Airborne Division as an airborne volunteer. He completed basic parachutist training on 13 July 1961 with authorization to wear the Parachutist Badge under the provisions of Army Regulation (AR) 600-70. c. On 17 December 1962, Special Orders Number 290 removed the applicant from parachutist status and revoked his basic Parachutist Badge under the provisions of AR 672-5-1 (Awards). d. He served in Hawaii from 6 February 1963 to 23 January 1964. He was not granted normal tour completion credit. e. He served in Vietnam from 18 June 1963 to 13 September 1963. He was assigned to 1st Machine Gun Platoon with temporary duty at the 117th Aviation. He was awarded the Armed Forces Expeditionary Medal (Vietnam) in accordance with AR 672-5-1. f. The applicant’s record is void of documentation or orders awarding him the Army Good Conduct Medal, or the “V” Device for the Air Medal. Additionally, his record is void of a certificate of completion or orders for the Air Assault Course or Badge. g. His DA Form 24 (Service Record), Section 4 – Chronological Record of Military Service shows he had conduct and efficiency ratings of excellent throughout his military service but he had a "good" conduct rating from 10 October 1962 to 4 January 1964 while assigned to Troop Am, 17th cavalry, Fort Bragg. h. He was honorably released from active duty on 23 January 1964 and transferred to the U.S. Army Reserves. His DD Form 214 shows he completed 2 years, 11 months and 24 days of active service. It also shows he was awarded or authorized: * Air Medal * AFEM - Armed Forces Expeditionary Medal, listed as AFEM (Vietnam) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-1) * Expert Marksmanship Qualification Badge with Mortar Bar * Expert Marksmanship Qualification Badge with Rifle Bar (M-40) 4. By regulation (AR 600-8-22): a. The Army Good Conduct Medal is awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940. For 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. 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. He does not meet the criteria: * he completed 2 years, 11 months, and 4 days of active service * he had no records of court-martial conviction * he did not receive excellent conduct and efficiency ratings throughout his military service b. The basic criteria for award of the Air Assault Badge consist of satisfactory completion of an air assault training course according to TRADOC standardized Air Assault Core Program of Instruction. He does not meet the criteria for this award. c. The Armed Forces Expeditionary Medal ids awarded for service in Vietnam between 1 July 1958 and 3 July 1965. Soldiers may elect to receive the Vietnam Service Medal instead of the Armed Forces Expeditionary Medal. However, no member may be issued both medals for service in Vietnam. The applicant here received the Armed Forces Expeditionary Medal. d. The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined. He meets the criteria for award of the National Defense Service Medal by virtue of having served during a qualifying period of service. e. Award of the Air Medal with V device requires a formal recommendation, approval through the chain of command, and announcement in orders. f. The applicant's Parachutist Badge was revoked by Special Orders Number 290, dated 17 December 1962. The applicant was separated on 23 January 1964. The DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. The information entered thereon reflects the conditions as they existed at the time of separation. 5. Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to: * Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 * Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973 BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found the some relief was warranted. The applicant’s contentions were carefully considered. The Board did note the analyst of record administrative notes below, and recommended the correction is completed to more accurately depict the military service of the applicant. The applicant’s record shows he was awarded the AFEM for his service in Vietnam, therefore, he is not authorized the Vietnam Service Medal. He did not receive all excellent ratings during his period of service and is not authorized the Army Good Conduct Medal. His Parachutist Badge was revoked demonstrated there was no error when the badge was left off of his DD Form 214. His record is absent evidence that shows he attended the Air Assault Course and was awarded the Air Assault Badge. Finally, his record is absent evidence showing his Air Medal should have the “V” device included. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF X X X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 adding the National Defense Service Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214 for the period ending 23 January 1964 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 adding additional awards. 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 awards and decorations not annotated on his DD Form 214. As a result, correct his DD Form 214 by * adding National Defense Service Medal * adding Republic of Vietnam Gallantry Cross with Palm Unit Citation 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. 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 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. 3. Army Regulation (AR) 600-8-22 (Military Awards) states: a. The Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within specific geographic areas during specified time periods. An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations. b. The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined. c. 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. Service members who earned the Armed Forces Expeditionary Medal for service in Vietnam between 1 July 1958 and 3 July 1965 may elect to receive the Vietnam Service Medal instead of the Armed Forces Expeditionary Medal. However, no service member may be issued both medals for service in Vietnam. d. The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more. Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces. e. The Parachutist Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School or have participated in at least one combat parachute jump. f. The Air Assault Badge requires satisfactory completion of an air assault training course according to the U.S. Army Training and Doctrine Command standardized Air Assault Core Program of Instruction, or completion of the standard Air Assault Course while assigned or attached to the 101st Airborne Division (Air Assault) after 1 April 1974. g. 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. h. The bronze “V” device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with awards of the Army Commendation Medal, the Air Medal, and the Bronze Star Medal. 4. Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973. 5. 82nd Airborne Division Regulation 611-7 (Airborne Status) replaced 82nd Airborne Division Memorandum 611-1. This regulation prescribes the current policies and standard procedures for deliberate, command, and medical termination of airborne status by Soldiers, noncommissioned officers, and officers. The unit commander and other members of the chain of command are required to counsel the terminee regarding the consequences of his actions. The regulation also states the Division Commander may revoke award of a parachutist badge when a Soldier, noncommissioned officer, or officer is punished under provisions of the Uniform Code of Military Justice or initiates action which results in the termination of airborne status prior to the completion of the required months in a parachutist position. The current standard is 36 cumulative months in a parachutist position. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170014240 6 1