ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 19 September 2019 DOCKET NUMBER: AR20190007781 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the following and any other authorized awards: * Distinguished Flying Cross * Bronze Star Medal * Air Medal with "V" Device * Combat Infantryman Badge * "Flight Wings" (Basic Aviation Badge and formerly known as the Aircraft Crew Member Badge) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), dated 9 May 2019 * DA Form 4980 (Air Medal Certificate), dated 16 March 1969 * Headquarters, II Field Force Vietnam, General Orders Number 673, dated 19 March 1969 * DA Form 4980 (Bronze Star Medal Certificate), dated 20 March 1969 * DA Form 4980 (Air Medal Certificate), dated 21 March 1969 * Headquarters, II Field Force Vietnam, General Orders Number 873, dated 4 April 1969 * Headquarters, II Field Force Vietnam, General Orders Number 1320, dated 27 May 1969 * DA Form 4980 (Army Commendation Medal Certificate), dated 29 May 1969 * DD Form 214, for the period ending 16 June 1969 * DA Form 4980 (Distinguished Flying Cross Certificate), dated 30 June 1969 * Distinguished Flying Cross Citation, undated 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: a. His military occupational specialty (MOS) was 11D (Armor Crewman), but he was assigned to Air Cavalry. He participated in over 200 combat missions and he was credited with over 500 enemy kills, which is why he was awarded his medals. b. His awards should be listed due to his hard work and efforts of promoting the U.S. Army mission in a positive and effective manner. He believes his awards were omitted because of the chaos the Vietnam War brought on the U.S. Government. 3. The applicant's records contain sufficient evidence to support awards not shown on his DD Form 214. His DD Form 214 will be administratively corrected to show award of the following and these awards will not be discussed further in these Record of Proceedings: * Bronze Star Medal with "V" Device * Air Medal with Numeral 3 and with "V" Device * Army Commendation Medal with "V" Device and First Oak Leaf Cluster * Vietnam Service Medal with one silver service star * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) 4. The Board will consider his request for the awards of the Distinguished Flying Cross, Combat Infantryman Badge, and the Basic Aviation Badge. 5. On 14 November 1967, he was inducted into the Army of the United States. 6. He served in Vietnam from 29 April 1968 through 16 June 1969 and he participated in five campaigns while assigned to: * Troop C, 1st Squadron, 11th Armored Cavalry Regiment, from 29 April 1968 to 9 May 1968 * Troop I, 3d Squadron, 11th Armored Cavalry Regiment, from 10 May 1968 to 23 July 1968 * Air Cavalry Troop, 11th Armored Cavalry Regiment, from 24 July 1968 to on or about 16 June 1969 7. His records contain copies of: a. Headquarters, II Field Forces, Vietnam, General Orders Number 677, dated 19 March 1969, which awarded him the Air Medal with "V" Device (Second Oak Leaf Cluster) and states, in part, "[Applicant] distinguished himself by heroism while participating in aerial flight on 10 February 1969 while serving as an aerial observer with the Air Cavalry Troop, 11th Armored Cavalry Regiment, in the Republic of Vietnam. On this date while on a visual reconnaissance mission, [Applicant's] aircraft suddenly received heavy enemy automatic weapons fire. He immediately suppressed the hostile fire with his personal weapon and marked the position with smoke. Although damages to the aircraft forced him to leave the area, [Applicant] volunteered to return to the same area with a new aircraft. After almost twelve hours in the air, he alertly spotted three enemy soldiers in the dense undergrowth. Taking the enemy under fire, he killed one and possibly wounded another. When he had exhausted his ammunition, he dropped smoke grenades to mark the enemy position for the friendly ground troops and relayed valuable position reports to higher headquarters." b. Headquarters, II Field Forces, Vietnam, General Orders Number 873, dated 4 April 1969, which awarded him the Bronze Star Medal with "V" Device and states, in part, "[Applicant] distinguished himself by heroism in connection with military operations against an armed hostile force on 30 January 1969 while serving as an aerial observer with the Air Cavalry Troop of the 11th Armored Cavalry Regiment, in the Republic of Vietnam. On this date after having observed an occupied enemy base camp, [Applicant] provided suppressive fire until friendly ground troop arrived to attack the enemy positions. After his helicopter landed to evacuate a wounded friendly soldier, he immediately jumped from the aircraft and, completely exposing himself to the intense enemy fire, aided in placing the critically-wounded trooper on board...displaying complete disregard for his personal safety, dashed through the open terrain to the aide of his comrade. He then carried the injured trooper back to his helicopter where he applied emergency first aid while en route to an evacuation hospital." 8. He provided copies of: a. a DA Form 4980, (Distinguished Flying Cross Certificate), dated 30 June 1969, for extraordinary achievement while participating in aerial flight in the Republic of Vietnam on 17 March 1969. b. an undated citation for the Distinguished Flying Cross which reads, in part, "[Applicant] distinguished himself by extraordinary achievement while participating in aerial flight evidenced by voluntary action above and beyond the call of duty on 17 March 1969 while serving as an aerial observer with the Air Cavalry Troop, 11th Armored Cavalry Regiment, in the Republic of Vietnam. On this date [, Applicant] took part in an aerial reconnaissance operation in preparation for a friendly ground operation scheduled to begin the following morning. Throughout the nine-hour period while his aircraft flew over the large enemy base camp, he was continually exposed to hostile automatic weapons and heavy machine gun fire. Nevertheless, he repeatedly leaned out the door of his helicopter to place suppressive fire on the enemy positions and mark them with smoke grenades. When supporting aircraft arrived on the scene, [Applicant] assisted his pilot in directing helicopter gunship assaults and tactical airstrikes. During this long a fierce engagement he was credited with killing eleven of the enemy and contributed significantly to the destruction of numerous hostile fortifications." 9. His DA Form 20 (Enlisted Qualification Record) shows in: a. item 29 (Qualification in Arms) – * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) b. item 33 (Appointments and Reductions) – no reductions, c. item 38 (Record of Assignments) – he received all "excellent" conduct and efficiency ratings. d. item 41 (Awards and Decorations) – he was awarded or authorized: * National Defense Service Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Vietnam Service Medal * Air Medal with Numeral 2 * Republic of Vietnam Campaign Medal with Device (1960) * Army Commendation Medal * Bronze Star Medal 10. On 16 June 1969, he was honorably released from active duty. His DD Form 214 shows in: a. item 23a (Specialty Number and Title) – 11D40, Armor Intelligence Specialist, b. item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized): * National Defense Service Medal * two Overseas Bars * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Air Medal * Army Commendation Medal * Bronze Star Medal * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) c. item 26a (Non-Pay Periods Time Lost) – none. 11. His records are void of orders showing he was awarded the Distinguished Flying Cross, Combat Infantryman Badge, or Basic Aviation Badge. 12. His records are void of any disciplinary actions or a commander's disqualification for award of the Army Good Conduct Medal (First Award) for the period 14 November 1967 to 16 June 1969. 13. 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 U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders for award of the Distinguished Flying Cross pertaining to the applicant. 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 additional pay entry on his DA Form 20, his units of assignment within the 11th ACR, his MOS and multiple principle duty assignments, his awards and decorations to include multiple awards for valor and the description of actions stated on those awards. The Board considered the awards orders, certificates and citations presented. Based on a preponderance of evidence, the Board determined that the applicant met the criteria for award of the Distinguished Flying Cross, Combat Infantryman Badge, and the Basic Aviation Badge. The Board concurs with the corrections stated in the Administrative Note(s) below. 2. After reviewing the application and all supporting documents, the Board found that relief was warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, in addition to the corrections stated in the Administrative Note(s) that follow, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on the DD Form 214 for the period of service ending 16 June 1969 to reflect – “DFC”, “CIB” and “Basic Aviation Badge.” 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: * Bronze Star Medal with "V" Device * Air Medal with Numeral 3 and with "V" Device * Army Commendation Medal with "V" Device and with First Oak Leaf Cluster * Vietnam Service Medal with one silver service star * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) 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 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Distinguished Flying Cross is awarded to any person who, while serving in any capacity with the Army of the United States, distinguished 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. b. The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. Any one of the following periods of continuous enlisted active Federal military service qualifies for award: * Each 3 years 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 * For first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year * For first award only, upon termination of service, on or after 27 June 1950, of less than 1 year when final separation was by reason of physical disability incurred in line of duty * For first award only, for those individuals who died before completing 1 year of active Federal service if the death occurred in the line of duty c. The Combat Infantryman Badge is awarded to infantry or special forces officers and enlisted and warrant officer persons who have an infantry or special forces MOS. They must have served in active ground combat while assigned or attached to an infantry, ranger, or special forces unit of brigade, regimental, or smaller size. Specifically, a recipient must be personally present and under hostile fire while serving in an assigned infantry or special forces primary duty in a unit actively engaged in ground combat with the enemy. The unit in question must be a brigade, regiment, or smaller size. For example, personnel possessing an infantry MOS in a rifle squad of a cavalry platoon in a cavalry troop would be eligible for award of the Combat Infantryman Badge. Battle or campaign participation credit alone is not sufficient; the unit must have been in active ground combat with the enemy during the period. Personnel with other than an infantry or special forces MOS are not eligible, regardless of the circumstances. (1) be an infantryman satisfactorily performing infantry duties, (2) be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and (3) actively participate in such ground combat. Campaign or battle credit alone is not sufficient for award of the Combat Infantryman Badge. d. The Basic Aviation Badge may be permanently awarded to individuals who based on several criteria. For permanent award of the Basic Aviation Badge, an individual must be on flying status in accordance with Army Regulation 600-106 (Aeronautical Designations and Flying Status for Army Personnel) or be granted a waiver by the U.S. Army Human Resources Command; be on flying status (qualified by a Class III flight physical); must have performed in-flight duties for not less than 12 months (not necessarily consecutive) or by logging not less than 48 flight hours (whichever comes first); or be school trained. Permanent award of the Basic Aviation Badge is also given to an individual who has been in capacitated from further flight duty by reason of being wounded as a result of enemy action, or injured as a result of an aircraft accident for which he or she was not personally responsible, or has participated in at least 15 combat missions, under probable exposure to enemy fire while performing in-flight duties. 3. Appendix V of U.S. Army Vietnam Regulation 672-1 (Awards and Decorations), in effect at the time, shows that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H. 4. Department of the Army General Orders Number 8, dated 19 March 1974, confirmed 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. ABCMR Record of Proceedings (cont) AR20190007781 7 1