IN THE CASE OF: BOARD DATE: 5 October 2023 DOCKET NUMBER: AR20230003214 APPLICANT REQUESTS: reconsideration of his previous requests to: a. In effect, correct the following items on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 25 April 1970: * Item 24 (Decorations, Medal, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – add the Air Medal * Item 25 (Education and Training Completed) – add the First Field Force, Vietnam (IFFV) Artillery Officer's Advanced Course b. Provide copies of the General Orders (GO) awarding him the Air Medal. c. In effect, correct item 27 (Remarks) on his DD Form 214 (Report of Separation from Active Duty), ending 28 January 1974, by adding the 5th Special Forces Group Survival, Evasion, Resistance, and Escape (SERE) Course, completed in 1972. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * Reconsideration Request * DA Form 4980-9 (Air Medal Certificate) FACTS: 1. Incorporated herein by reference are military records, as were summarized in the previous considerations of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Numbers AR20080002656, on 1 May 2008, and AR20210009644, on 24 January 2022. 2. The applicant states he is enclosing a copy of the Air Medal Certificate awarded to him by Brigadier General; all of the information on the certificate is correct, except his serial number should end with a "6," not a "4." The Army never used a ceremony to present him this award; instead, they mailed it to his parent's home. The applicant continues by pointing out information he maintains is inaccurate in the record of proceedings for ABCMR Docket Number AR20210009644: a. Staff Sergeant is his adoptive father; in Latino culture, children's names are hyphenated, with the last name belonging to their mother. The applicant's correct last name is and always has been, and he has already made this correction. b. The applicant did not graduate from Artillery Noncommissioned Officer Advanced Course; rather, he was first in his class for the IFFV Artillery Officer's Advanced Course; at the time, he was a mortar forward observer. (1) As a result of the applicant's superior performance as a Field Artillery Forward Observer, an acting battery commander from the 3rd Battalion, 319th Artillery Regiment (Airborne) nominated the applicant for the course. As a forward observer, the applicant had conducted three late night/early morning fire missions against large North Vietnamese Army (NVA) encampments; those missions resulted in over 900 confirmed NVA dead and an unknown number of wounded. (2) At the conclusion of the IFFV course, the course commandant informed the applicant that the other officers in the course had selected him as "first-in-class," citing the applicant's superior knowledge of artillery operations while in the classroom, and his demonstrated targeting proficiency during fire missions. None of the Artillery officers were able to hit their targets, while the applicant struck his on the first attempt. The applicant states, "I have no knowledge of how to access after action reports, but I do not lie. After I fired my second round, the Commandant, who was also the Range Safety Officer, told me, 'Okay, that's enough, showoff. Get out of here.'" c. The applicant additionally declares that, during the winter of 1972, he completed the 5th Special Forces Group SERE Course at Eglin Air Force Base in Florida; by the end of the course, he had lost 30 pounds. At graduation, the course commandant approached the applicant and a lieutenant and announced they had respectively been selected as "first-in-class" by Chinese American Naval officers. d. For two years, the applicant was the "Top Shooter" in the 82nd Airborne Division's pistol competition; to participate, one had to have qualified as expert on the M-1911 (.45 Caliber Pistol). The applicant maintains, "I qualified as expert with every weapon I had ever been required to carry. Also, expert 81mm mortar, and expert with tank weapons in the AR/AAV (Airborne Armored Reconnaissance Assault Vehicle) M-551 Sheridan (tank). I know what I did." e. The applicant concludes by noting his squadron commander went on to become "General of the Special Operations Command," and he knew the applicant well; additionally, the applicant's platoon leader recommended him for a direct appointment to the U.S. Military Academy. For some reason, none of the details he has provided the Board appear in his service record; the applicant asserts, "Someone maliciously removed (the documents). I have no proof, but I know what I have achieved. I was an excellent Soldier." 3. A review of the applicant's service record reveals the following: a. On 25 May 1967, the applicant enlisted into the Regular Army for 3 years; upon completion of initial entry and airborne training, and the award of military occupational specialty 11C (Infantry Indirect Fire Crewman), orders transferred him to Vietnam, and he arrived, on 22 March 1968. On 28 March 1968, orders further assigned him to the 3rd Battalion, 503rd Infantry Regiment, 173rd Airborne Brigade, with duties as an assistant mortar gunner. b. On 14 April 1968, intratheater orders transferred the applicant to the 2nd Battalion, 503rd Infantry Regiment; he was assigned as an assistant gunner, but, on 2 June 1968, his leadership moved him to a gunner position. On 29 June 1968, Headquarters, 173rd Airborne Brigade Special Orders (SO) awarded the applicant the Combat Infantryman Badge. The applicant's DA Form 20 (Enlisted Qualification Record) indicates that, as of 30 September 1968, the applicant's principal duty was senior scout observer. c. On 23 December 1968, the applicant completed his Vietnam tour, and orders reassigned him to Fort Bragg, NC; on 6 February 1969, the applicant arrived at his new unit, a cavalry troop in the 1st Squadron (Airborne), 17th Cavalry Regiment, 82nd Airborne Division. d. At some point prior to November 1969, the applicant received reassignment instructions, directing his return to Vietnam; on 29 November 1969, the applicant arrived in Vietnam and at his former unit: 2nd Battalion, 503rd Infantry Regiment. On 20 April 1970, Headquarters, 173rd Airborne Brigade General Orders (GO) awarded him the Army Commendation Medal (1st Award) for meritorious achievement during the period 1 September 1969 to 18 March 1970. e. On 25 April 1970, the applicant finished his second tour in Vietnam, and orders sent him to Fort Lewis, WA, for separation processing; on 25 April 1970, orders honorably released the applicant from active duty and transferred him to the U.S. Army Reserve Control Group (Reinforcement). The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he completed 2 years, 11 months, and 1 day of his 3-year enlistment; the report additionally reflects the following: (1) Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized): * National Defense Service Medal * Parachutist Badge * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Two overseas service bars * Combat Infantryman Badge * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) (2) Item 25 (Education and Training Completed): "None" f. On 28 May 1970, Headquarters, 173rd Airborne Brigade GO awarded the applicant the Army Commendation Medal (2nd Award) for meritorious service, from May 1969 to May 1970. On 18 January 1971, following his discharge from the U.S. Army Reserve Control Group (Reinforcement), the applicant reenlisted into the Regular Army for 3 years; orders immediately assigned him back to the 1st Squadron (Airborne), 17th Cavalry Regiment at Fort Bragg. g. On or about 23 October 1973, orders transferred the applicant to an element of the U.S. Army Recruiting Command (USAREC) in New York. On 28 January 1974, the Army honorably discharged the applicant; his DD Form 214 (Report of Separation from Active Duty) shows he completed 3 years of net creditable active duty with 11 days of lost time. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) lists the following: * National Defense Service Medal * Parachutist Badge * Republic of Vietnam Campaign Medal with Device (1960) * Vietnam Service Medal * Presidential Unit Citation * Sharpshooter Marksmanship Qualification Badge with Rifle Bar h. On 28 November 2007, the applicant petitioned the ABCMR to remove the lost time from his DD Form 214, ending 28 January 1974; on 1 May 2008, the Board denied his request. i. On 31 August 2020, the applicant requested the Board correct his DD Form 214, ending 25 April 1970, and to provide copies of his Air Medal orders, his original Army Commendation Medal Citation, two overseas service bars, and the orders qualifying him on the .45 Caliber pistol. (1) On 24 January 2022, the Board determined the evidence was insufficient to verify the applicant met the requirements for or had completed the claimed training courses; in addition, it found no proof the applicant qualified for or was awarded the Air Medal. The Board did direct the administrative correction of the applicant's DD Form 214, ending 28 January 1974, by adding the Combat Infantryman Badge and the Overseas Service Ribbon with Numeral "2." (2) Based on the aforementioned Board action, the Army Review Boards Agency subsequently issued the applicant a DD Form 215 (Correction to DD Form 214), adding the Combat Infantryman Badge and Overseas Service Ribbon to his 28 January 1974 DD Form 214. j. The applicant's available service record is void of training certificates for either the IFFV Artillery Officer's Advanced Course or the 5th Special Forces Group SERE Course. His record includes two DA Forms 20. (1) For the DA Form 20, signed by the applicant, on 12 April 1970: (a) Item 25 (Military Education): a single entry showing, "MACV (Military Assistance Command, Vietnam) RECONDO (advanced reconnaissance training); 11F2P (Infantry Operations and Intelligence Specialist, skill level "2"; airborne-qualified); MACV; 3 weeks; 68." (b) Item 41 (Awards and Decorations): * National Defense Service Medal * Parachutist Badge * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Two overseas service bars * Combat Infantryman Badge * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Expert Marksmanship Qualification Badge with Mortar Bar * Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber Pistol) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) (2) DA Form 20, signed by the applicant, on 1 August 1973: (a) Item 27: a lined-through entry states, "NCO CLEP PREP." (b) Item 41: * National Defense Service Medal * Parachutist Badge * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Presidential Unit Citation 3. 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 the Air Medal pertaining to the applicant. 4. Army Regulation (AR) 635-5 (Separation Documents), in effect during the applicant's eras of service, prescribed policies and procedures for the preparation of the DD Form 214. a. The regulation version effective during the applicant's first term of active duty provided guidance for completing the DD Form 214 titled, Armed Forces of the United States Report of Transfer or Discharge. It stated: (1) Paragraph 3 (Purpose). The purpose of a separation document was to provide the individual with documentary evidence of his military service. It served as a vital record for interested government agencies that assisted the Veteran in obtaining the rights and benefits to which he was entitled; to that end, it was important that the information be accurate. DD Form 214 preparers were to verify all entries against the separating Soldier's source documents to ensure completeness and accuracy; authorized documents included orders and the Soldier's DA Form 20. (2) Paragraph 53 (Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized)). DD Form 214 preparers were to refer to the Soldier's DA Form 20 and list all decorations, service medals, campaign credits, and badges awarded or authorized. (3) Paragraph 54 (Item 25 (Education and Training Completed). Preparers were to record service schools, including any major courses successfully completed. For enlisted personnel, the entry was to reflect installation training courses (i.e., qualification courses), military correspondence courses, and off-duty courses. b. Effective 15 October 1973, the Army issued a complete revision of AR 635-5 and introduced the Department of Defense's new DD Form 214 (Report of Separation from Active Duty). (1) Paragraph 2-7ag (Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized)) instructed DD Form 214 preparers to enter awards and decorations from the Soldier's entire Army service. (2) Paragraph 2-7ah (Remarks). This new DD Form 214 no longer included a separate block for reporting military education; instead, DD Form 214 preparers were to, "List formal, in-service training courses successfully completed during this period of service; e.g., medical and dental, electronics, supply, administration, personnel, or heavy equipment operations. This information is to assist in employment placement and job counseling, so training courses for combat skills will not be listed." 5. AR 672-5-1 (Awards), in effect at the time, outlined criteria for Army awards and decorations. The Air Medal was awarded to any person who, while serving in any capacity in or with the Army of the United States, distinguished himself by meritorious achievement while participating in aerial flight. Awards could be conferred for single acts of merit or sustained operational activities against an armed enemy, or for heroic acts during aerial flight. 6. United States Army, Vietnam (USARV) Regulation 672-1, in effect at the time, prescribed policies and procedures for military awards authorized as a result of service in Vietnam. Regarding the Air Medal, the regulation stated the following: a. The regulation defined "Crewmember" as an individual on flying status performing duties in flight which were essential to the operation of the aircraft; this included pilot, co-pilot, aircraft TOE (Table of Organization and Equipment) or TD (Table of Distribution) crew chief, and gunners, as defined in para 10 of AR 600-106 (Aeronautical Designations and Flying Status for Army Personnel). b. The regulation also established three categories for aerial missions: * Category I – An assault role in which a hostile force was engaged and was characterized by delivery of ordnance against a hostile force, or delivery of supplies into the immediate combat operations area * Category II – A mission in support of a friendly force immediately before, during, or immediately following a combat operation; examples included air land or parachute resupply not connected to a combat assault and troop lift in support of combat operations not connected to a combat assault * Category III – A mission supporting friendly forces that was not connected to an immediate combat operation, but which required the aircraft to operate at altitudes that made the aircraft vulnerable to small arms fire or during adverse weather or terrain conditions c. To receive the Air Medal based on participation in sustained operations, the prospective awardee had to have completed a specific number of missions and hours of flight time: * 25 Category I missions with a minimum of 25 hours of flight time * 50 Category II missions with at least 50 hours of flight time * 100 Category III missions with not less than 100 hours of flight time d. The potential awardee's accomplishments and service for the entire group of missions had to reflect meritorious performance throughout, with no instances of unprofessionalism, mediocrity, or failure to display an offensive spirit. e. The regulation provided examples as to how flights recorded on DA Forms 759 and 759-1 could be used to determine the types and numbers of missions, as well as the total flight hours by category. 7. Service records are permanent historical documents, and any requests for correction must be carefully considered before changes are made. The Army has an interest in maintaining the accuracy of its records, and, for historical purposes, the data and information contained in those records should reflect the conditions and circumstances, as they existed at the time of the records' creation. 8. AR 15-185 (ABCMR), the Board's governing regulation, states: a. The ABCMR decides cases on the evidence of record; it is not an investigative body. Additionally, the ABCMR begins its consideration of each case with the presumption of administrative regularity (i.e., the documents in an applicant’s service records are accepted as true and accurate, barring compelling evidence to the contrary). b. The applicant bears the burden of overcoming the foregoing presumption by presenting the Board with a preponderance of documentary evidence; (for example, orders and other records created at the time, and/or third party statements made by members of an applicant's leadership or persons with firsthand knowledge of facts that support an applicant's contentions). BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, a majority of the Board found relief is not warranted. 2. A majority of the Board found insufficient evidence confirming orders were published announcing award of the Air Medal to the applicant and determined the certificate provided by the applicant is insufficient as a basis for adding the Air Medal to his record. The member in the minority did find the Air Medal Certificate sufficient to confirm he received the award and determined it should be added to his DD Forms 214. 3. The Board found insufficient evidence to support adding training courses to the applicant’s DD Forms 214. The Board determined the entries in the blocks for recording training are not in error. 4. The Board noted that it does not maintain records such as award orders. The applicant may seek assistance from the National Archives and Records Administration to obtain copies of any award orders he seeks. 5. The Board concurred with the corrections described in Administrative Note(s) below. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : :X :X DENY APPLICATION ? BOARD DETERMINATION/RECOMMENDATION: Other than the corrections addressed in Administrative Note(s) below, the Board determined 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 otherwise 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): 1. The applicant’s DD Forms 214, respectively for periods of service ending on 25 April 1970 and 28 January 1974, are missing authorized awards. 2. Correct the DD Forms 214 as follows: a. Add the Combat Infantryman Badge to the DD Form 214 for the period ending 25 April 1970. b. Add the following to both DD Forms 214: * Army Commendation Medal (2nd Award) * One silver service star and one bronze service star with the Vietnam Service Medal * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Republic of Vietnam Gallantry Cross with Palm Unit Citation REFERENCES: 1. AR 635-5, in effect at the time, prescribed policies and procedures for the preparation of the DD Form 214. a. The version of the regulation that addressed the preparation of the DD Form 214 titled, "Armed Forces of the United States Report of Transfer or Discharge" stated the following: (1) Paragraph 3 (Purpose). The purpose of a separation document was to provide the individual with documentary evidence of his military service. It served as a vital record for interested government agencies that assisted the Veteran in obtaining the rights and benefits to which he was entitled; to that end, it was important that the information be accurate. DD Form 214 preparers were to verify all entries against the separating Soldier's source documents to ensure completeness and accuracy; authorized documents included orders and the Soldier's DA Form 20. (2) Paragraph 53 (Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized)). DD Form 214 preparers were to refer to the Soldier's DA Form 20 and list all decorations, service medals, campaign credits, and badges awarded or authorized. (3) Paragraph 54 (Item 25 (Education and Training Completed). Preparers were to record service schools, including any major courses successfully completed. For enlisted personnel, the entry was to reflect installation training courses (i.e. qualification courses), military correspondence courses, and off-duty courses. b. Effective 15 October 1973, the Army issued a complete revision of AR 635-5 and introduced the Department of Defense's new DD Form 214 (Report of Separation from Active Duty). (1) Paragraph 2-7ag (Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized)) instructed DD Form 214 preparers to enter awards and decorations from the Soldier's entire Army service. (2) Paragraph 2-7ah (Remarks). This new DD Form 214 no longer contained a separate block for reporting military education; instead, DD Form 214 preparers were to, "List formal, in-service training courses successfully completed during this period of service; e.g., medical and dental, electronics, supply, administration, personnel, or heavy equipment operations. This information is to assist in employment placement and job counseling, so training courses for combat skills will not be listed." 2. AR 672-5-1 (Awards), in effect at the time, outlined criteria for Army awards and decorations. The Air Medal was awarded to any person who, while serving in any capacity in or with the Army of the United States, distinguished himself by meritorious achievement while participating in aerial flight. Awards could be conferred for single acts of merit or sustained operational activities against an armed enemy, or for heroic acts during aerial flight. 3. United States Army, Vietnam (USARV) Regulation 672-1, in effect at the time, prescribed policies and procedures for military awards authorized as a result of service in Vietnam. Regarding the Air Medal, the regulation stated the following: a. The regulation defined "Crewmember" as an individual on flying status performing duties in flight which were essential to the operation of the aircraft; this included pilot, co-pilot, aircraft TOE (Table of Organization and Equipment) or TD (Table of Distribution) crew chief, and gunners, as defined in para 10 of AR 600-106 (Aeronautical Designations and Flying Status for Army Personnel). b. The regulation also established three categories for aerial missions: * Category I – An assault role in which a hostile force was engaged and was characterized by delivery of ordnance against a hostile force, or delivery of supplies into the immediate combat operations area * Category II – A mission in support of a friendly force immediately before, during, or immediately following a combat operation; examples included air land or parachute resupply not connected to a combat assault and troop lift in support of combat operations not connected to a combat assault * Category III – A mission supporting friendly forces that was not connected to an immediate combat operation, but which required the aircraft to operate at altitudes that made the aircraft vulnerable to small arms fire or during adverse weather or terrain conditions c. To receive the Air Medal based on participation in sustained operations, the prospective awardee had to have completed a specific number of missions and hours of flight time: * 25 Category I missions with a minimum of 25 hours of flight time * 50 Category II missions with at least 50 hours of flight time * 100 Category III missions with not less than 100 hours of flight time d. The potential awardee's accomplishments and service for the entire group of missions had to reflect meritorious performance throughout, with no instances of unprofessionalism, mediocrity, or failure to display an offensive spirit. e. The regulation provided examples as to how flights recorded on DA Forms 759 and 759-1 could be used to determine the types and numbers of missions, as well as the total flight hours by category. 4. AR 15-185 (ABCMR), the Board's governing regulation, states: a. The ABCMR decides cases on the evidence of record; it is not an investigative body. Additionally, the ABCMR begins its consideration of each case with the presumption of administrative regularity (i.e., the documents in an applicant’s service records are accepted as true and accurate, barring compelling evidence to the contrary). b. The applicant bears the burden of overcoming the foregoing presumption by presenting the Board with a preponderance of documentary evidence; (for example, records created at the time and/or third party statements, made by members of an applicant's leadership or persons with firsthand knowledge of an applicant's contentions). //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230003214 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1