IN THE CASE OF: 

		BOARD DATE: 5 October 2021

		DOCKET NUMBER: AR20210010625

APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 9 February 1971 to show he was awarded the: Silver Star and Air Medal with Numeral 4 (representing four Air Medals).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

* DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552)
* Self-authored Statement
* DA Form 20 (Enlisted Qualification Record) (page 4 only) 
* DD Form 214
* DD Form 215 (Correction to DD Form 214), 9 February 2017

FACTS:

1.  The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, 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 he was sent to Vietnam to the 1st Infantry Division after completing initial entry training and then to the 101st Airborne Division. During out-processing, he was told by a clerk that he was being awarded a fourth Air Medal, but the recommendation needed an officer's signature. In addition, after being in an ambush, his lieutenant told him he and another Soldier were being recommended for award of the Silver Star. He would like these medals added to his DD Form 215.

3.  He was inducted into the Army of the United States on 10 February 1969. He completed initial entry training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

4.  His DA Form 20 shows in:

* item 38 (Record of Assignments) –

* 24 July 1969-9 August 1969 – Company D, 1st Battalion, 2d Infantry Regiment, 1st Infantry Division
* 10 August 1969-1 April 1970 – Company C, 1st Battalion, 2d Infantry Regiment, 1st Infantry Division
* 2 April 1970-8 July 1970 – Company D, 3d Battalion, 506th Infantry Regiment (Airmobile), 101st Airborne Division

* item 39 (Campaigns) –

* Vietnam Summer-Fall
* 12th Campaign Pending (unnamed)

* item 41 (Awards and Decorations) –

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Air Medal
* Air Medal (2nd Award)
* Bronze Star Medal
* two overseas service bars
* Air Medal (3rd Award)
* Combat Infantryman Badge

5.  He was honorably released from active duty on 9 February 1971. His DD Form 214 shows in:

* item 22c (Foreign and/or Sea Service) – U.S. Army Pacific – 1 year
* item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) –

* Bronze Star Medal
* Air Medal
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* two overseas service bars

6.  His records do not contain documentation recommending him for or orders awarding him a fourth Air Medal.

7.  His DD Form 215, 9 February 2017, shows his DD Form 214 for the period ending 9 February 1971 was corrected by:

* deleting award of the Air Medal
* adding the following awards –

* Air Medal with Numeral 3
* Army Good Conduct Medal
* Combat Infantryman Badge

8.  His records do not contain evidence showing he was recommended for or awarded the Silver Star during his service in Vietnam.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found that relief was not warranted. Board members noted the regulatory guidance on personal decorations. Except for award recommendations submitted in accordance with the provisions of Section 1130, Title 10, United States Code (10 USC 1130), each recommendation for an award of a military decoration must be entered administratively into military channels within 2 years of the act, achievement, or service to be honored, with exception of the MOH, DSC, and DSM. An award recommendation will be considered to have been submitted into military channels when it has been signed by the initiating officer and endorsed by a higher official in the chain of command. However, pursuant to 10 USC 1130, a Member of Congress can request consideration of a proposal for the award or presentation of decoration (or the upgrading of a decoration), either for an individual or unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy. Based upon such review, the Secretary of the Army will make a determination as to the merit of approving the award or presentation of the decoration and other determinations necessary to comply with congressional reporting requirements under 10 USC 1130. There is no evidence the applicant applied through the 1130 process and was denied 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:

Except for the correction addressed in Administrative Note(s) below, the Board found 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.

	
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): The applicant is authorized administrative correction of his DD Form 214 for the period ending 9 February 1971 without Board action by deleting his previously issued Vietnam Service Medal and adding the following awards:

* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation


REFERENCES:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 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 3-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 policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Silver Star is awarded to a person who, while serving in any capacity with the U.S. Army, is cited for gallantry in action against an enemy of the United States while engaged in military operations involving conflict with an opposing foreign force, or while serving with friendly foreign forces engaged in armed conflict against an opposing armed force in which the United States is not a belligerent party. The required gallantry, while of a lesser degree than that required for the Distinguished Service Cross, must nevertheless have been performed with marked distinction. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  The Vietnam Service Medal was awarded to all service 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. 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. Campaign participation credit was awarded for the following relevant campaigns:

* Vietnam Summer-Fall 1969 – 9 June 1969-31 October 1969
* Vietnam Winter-Spring 1970 – 1 November 1969-30 April 1970
* Sanctuary Counteroffensive – 1 May 1970-30 June 1970
* Vietnam Counteroffensive Phase VII – 1 July 1970-30 June 1971

3.  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 awarded the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation in Department of the Army General Orders Number 2, 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation in Department of the Army General Orders Number 53, 1970

4.  Title 10, U.S. Code, section 1130, provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion. Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration. Based upon such review, the Secretary shall determine the merits of approving the award.

5.  The request, along with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to: Commander, U.S. Army Human Resources Command, Attention: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122. The unit must be clearly identified, along with the period of assignment and the recommended award. A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638. Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents. Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request. The burden and costs for researching and assembling supporting documentation rest with the applicant.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20210010625



2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



1