ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 19 August 2019 DOCKET NUMBER: AR20170014937 APPLICANT REQUESTS: that the following awards be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * Distinguished Flying Cross (DFC) awarded on November 1970 * Bronze Star Medal (BSM) with “V” device awarded on 29 January 1971 * Air Medal (8th Award) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Bronze Star Citation * DD Form 214 * National Personnel Records Center (NPRC) letter 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 that he would like the DFC and the BSM with “V” device added to his DD Form 214. His Air Medal award should also reflect a total of eight awards received. 3. The applicant provides a copy of a BSM citation that shows the applicant received the award for the period of January 1970 to December 1970 for meritorious achievement in ground operations against hostile forces. He also provided a copy of his NPRC letter that shows the copy of the awards mailed to him from his official record. 4. A review of the applicant’s service record shows the following: a. He enlisted in the Regular Army (RA) on 27 December 1968. b. Special Orders Number 263, dated 6 November 1969, honorably discharged the applicant from active duty with an effective date of 16 November 1969. His DD Form 214 shows that he completed 10 months and 20 days of active duty, and that he was awarded or authorized the National Defense Service Medal. c. DA Form 61 (Application for Appointment), dated 16 November 1969, appoints the applicant as a chief warrant officer. d. DA Form 160 (Application for Active Duty), dated 17 November 1969, transfers the applicant from the U.S Army Reserve (USAR) to active duty. A memorandum, dated 17 November 1969 appoints the applicant as a reserve warrant officer. e. General Orders Number 5796, dated 4 July 1970, awards the applicant the Air Medal for the period of 7 January 1970 to 12 January 1970. f. General Orders Number 6118, dated 9 July 1970, awards the applicant the Air Medal with “V” device for the period of 24 April 1979 to 26 April 1970. g. Order Number 222, dated 30 July 1970, awards the applicant the Military Merit Medal. h. A memorandum, dated 16 September 1970, awards the applicant the Gallantry Cross with Silver Bar presented by the government of the Republic of Vietnam. i. General Orders Number 11870, dated 2 December 1970, awards the applicant the Air Medal 3rd through 30th award for the period of 12 January 1970 to 14 October 1970. j. Special Orders 348, dated 14 December 1970, relieve the applicant from active duty not by reason of physical disability with an effective date of 18 December 1970 with transfer to the USAR. k. He was released from active duty on 18 December 1970. His DD Form 214 shows that he completed 1 year, 1 month and 2 days of active duty service with an honorable character of service. He was awarded or authorized * National Defense Service Ribbon * Vietnam Campaign Medal * Vietnam Service Medal * Army Aviator Badge * Air Medal * Air Medal with “V” device * Vietnam Gallantry Cross with Silver Star l. General Orders Number 646, dated 29 January 1971, awards the applicant the Bronze Star Medal. m. Letter Orders Number 02-1021636, dated 18 February 1976, discharged the applicant from the USAR with an effective date of 26 February 1976 with an honorable character of service. n. His record is absent of evidence showing he was awarded the DFC. 5. Army Regulation 600-8-22 (Military Awards) states the Distinguished Flying Cross is awarded to any person who, while serving in any capacity with the Army, 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 as exceptional and outstanding as to clearly set the individual apart from his or her comrades or from other persons in similar circumstances. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 6. U. S. Army Vietnam Regulation 672-1 (Decorations and Awards) governed the military awards program in Vietnam during the Vietnam War. It stated the Bronze Star Medal may have been awarded for heroism or for meritorious achievement or service which did not involve aerial flight but which was performed in connection with military operations against an armed enemy including combat, support, and supply operations. The approval authority for award of the Bronze Star Medal was generally delegated no lower than brigadier generals in command of separate brigades. However, the records of the Awards Branch of the U.S. Army Human Resources Command show that authority for award of the Bronze Star Medal for service had been delegated to colonels in command of the U.S. Army Support Commands located at Saigon, Cam Ranh Bay, and Qui Nhon and in command of separate engineer brigades in Vietnam assigned to the U.S. Army Engineer Troops (Provisional). BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found some relief was warranted. The applicant’s contentions were carefully considered. He provided evidence that shows he was awarded a BSM that was not added to his DD Form 214; however, the award does not include a “V” device. His record shows he is authorized 30 Air Medals for listing on his DD Form 214. He was awarded the Vietnam Service Medal; however, his DD Form 214 does not show the 3 bronze service stars that should accompany the medal to reflect campaigns. In addition, the Board agreed his record should show he is authorized the National Defense Service Medal and weapon qualifications for the .45 pistol, M-14 and M-16. The applicant’s record is absent any evidence he was awarded the Distinguished Flying Cross. Prior to closing the case, 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. 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 amending his DD Form 214 for the period ending 18 December 1970 by deleting the Vietnam Service Medal and adding the following: * Bronze Star Medal * Air Medal (30th Award) with “V” device * National Defense Service Medal * Military Merit Medal * Vietnam Service Medal with 3 bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Expert Marksmanship Qualification Badge with Pistol (.45 Cal) * Expert Marksmanship Qualification Badge with Auto Rifle (M-16) * Sharp Shooter Marksmanship Qualification Badge with Rifle (M-14) 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 the Distinguished Flying Cross and the Bornze Star Medal with “V” device. 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): Add the Military Merit Medal to his DD Form 214 Add the 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 600-8-22 (Military Awards) states the Distinguished Flying Cross is awarded to any person who, while serving in any capacity with the Army, 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. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 3. U. S. Army Vietnam Regulation 672-1 (Decorations and Awards) governed the military awards program in Vietnam during the Vietnam War. It stated the Bronze Star Medal may have been awarded for heroism or for meritorious achievement or service which did not involve aerial flight but which was performed in connection with military operations against an armed enemy including combat, support, and supply operations. The approval authority for award of the Bronze Star Medal was generally delegated no lower than brigadier generals in command of separate brigades. However, the records of the Awards Branch of the U.S. Army Human Resources Command show that authority for award of the Bronze Star Medal for service had been delegated to colonels in command of the U.S. Army Support Commands located at Saigon, Cam Ranh Bay, and Qui Nhon and in command of separate engineer brigades in Vietnam assigned to the U.S. Army Engineer Troops (Provisional). 4. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 January 1969 to 20 September 1970 by Department of the Army General Order Number 6, dated 1974. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170014937 0 5 1