IN THE CASE OF:	  

		BOARD DATE:	  18 December 2014

		DOCKET NUMBER:  AR20140008470 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Armed Forces of the Unites States Report of Transfer or Discharge) to show:

* additional awards of the Air Medal
* the Bronze Star Medal with "V" Device
* the Distinguished Flying Cross

2.  The applicant states:

	a.  His DD Form 214 shows the Air Medal but it is incomplete.  He has an award citation that shows he was awarded the Air Medal (2nd to 7th Awards) for the period through 17 December 1971; however, he flew helicopter missions in Vietnam through January 1972 and should have been awarded additional Air Medals.  He served proudly and it would be unjust not to receive all the Air Medals he is due.

	b.  He should have been awarded the Bronze Star Medal with "V" Device for valor in support of the 1st Cavalry Regiment and the Distinguished Flying Cross, or better, for his heroic action in the protection and recovery of a downed helicopter pilot on 27 September 1971.  While on duty with the aviation section, 23rd Infantry Division (ID), awards to pilots and himself could have been forgotten, or delayed, and/or lost due to a typhoon hitting the area and destroying the base.  This resulted in the unit standing down and his subsequent assignment to the 101st Airborne Division.

	c.  From August to October 1971, he was assigned to the aviation section, Division Artillery (DIVARTY), 23rd ID.  Their mission was aerial reconnaissance and artillery support.  In September 1971, his unit was assigned to provide aerial support for the 1st Squadron, 1st Cavalry Regiment, 23rd ID, and he personally flew on several missions over several different days in September 1971.

	d.  On 27 September 1971, he and another pilot from a sister unit were briefed on how to support the armored columns operating in Que Son Valley, Vietnam.  The other pilot requested to fly reconnaissance north of the Que Son Valley and he (the applicant) took the mission to support the armored columns.  The other pilot left and he stayed to get additional details on the mission.  He received a message that the other pilot was shot down and he immediately ran to his helicopter to go and see where the pilot had gone down.  

	e.  Another captain (CPT), whose name he can't remember, went with him and a short while later he (the applicant) found the downed helicopter.  He ordered the CPT to fire a rifle and grenade launcher at enemy troops near the downed helicopter.  Taking fire but safely maneuvering his helicopter, the enemy troops close to the downed helicopter were either killed or suppressed.  At the same time, he could see a large contingent of enemy troops at the tree line away from the downed helicopter.  They (he and the CPT) were taking a lot of fire and he called in artillery to engage the enemy troops and then called for additional help from a couple of F-4 Phantoms.  Subsequently, the enemy troops were either killed or vacated the area.  During all this, he also had enough time to call for some Huey helicopters to come and protect the area around the downed pilot until he and the aircraft could be lifted out of the area.  He was told the pilot had been killed but he cannot confirm this and did not personally see him.

	f.  As the enemy troops were a large number and they had to camp somewhere, he returned to the area the following day to try to locate the encampment.  After a considerable amount of time, he noticed a tall waterfall and when he flew near it he could see what looked like a cave behind it.  He immediately called in for American forces to check out the area.  Behind the waterfall, they found a 12-compartment camp that included a bowling alley, infirmary, barracks, and mess area.  It was clear of enemy troops but the skeletal remains of a Marine were recovered. 

	g.  Because of the actions described above and the combined actions he and the CPT did to support the 1st Cavalry Regiment, it was his understanding that citations for bravery were in order for himself and the CPT.  Obviously the awards were lost, delayed, or forgotten as there is not a Bronze Star Medal with "V" Device or Distinguished Flying Cross on his DD Form 214 for his actions in containing the enemy troops on 27 September 1971.  This was most likely due to the 1st Cavalry Regiment leaving the Que Son Valley after this campaign, his unit's base camp being destroyed by a typhoon, and his subsequent assignment to the 101st Airborne Division.

	h.  He knows his request for these awards is considerably late but he had to file them to get the wondering off his mind and put the question of owed awards for his bravery in battle to rest.  He is a 100 percent disabled veteran who is proud to have served in Vietnam as an officer and pilot of an OH-6A helicopter.   Hughes Tool Company even sent him a Loach pin for having flown 500 hours of combat in their helicopter.  He is especially proud of the pin.

3.  The applicant provides his DD Form 214, two Air Medal award citations, three 23rd ID Forms 37 (Mission Request), a letter of appreciation, and three photographs.

CONSIDERATION OF EVIDENCE:

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 Army Board for Correction of Military Records (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.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant was commissioned as a second lieutenant in the U.S. Army Reserve (USAR) on 24 May 1969.  He was ordered to active duty as a member of the USAR and entered active duty on 28 April 1970.  He attained the rank of first lieutenant (1LT) on 28 April 1971.

3.  He was assigned to Vietnam in specialty 1981 (Rotary Wing Aviator) as follows from:

* 8 August to 4 November 1971, Headquarters and Headquarters Battery (HHB), DIVARTY, 23rd ID
* 5 November 1971 to 7 February 1972, 163rd Aviation Company, 101st Airborne Division


4.  His record contains:

* General Orders (GO) Number 12187, dated 21 October 1971, issued by HQ, 23rd ID, awarding him the Air Medal for meritorious achievement while participating in aerial flight from 10 to 22 August 1971
* GO Number 1205, dated 11 February 1972, issued by HQ, 101st Airborne Division, awarding him the Army Commendation Medal for meritorious service from July 1971 to January 1972

5.  He was honorably released from active duty 14 February 1972 in the rank of 1LT and was transferred to the USAR.  

6.  The DD Form 214 he was issued shows award of the:

* National Defense Service Medal
* Vietnam Campaign Medal
* Vietnam Service Medal
* Army Commendation Medal 
* Air Medal

7.  Item 21 (Awards and Decorations) of his DA Form 66 (Officer Qualification Record) does not show any additional awards of the Air Medal, the Bronze Star Medal with "V" Device, or the Distinguished Flying Cross.

8.  His record does not contain any additional orders awarding him any additional awards of the Air Medal.  His record does not contain any orders awarding him the Bronze Star Medal with "V" Device or the Distinguished Flying Cross.

9.  His record is void of a commander's recommendation or any information that shows he was recommended for or met the criteria for award of the Bronze Star Medal with "V" Device.  His record is void of a commander's recommendation that shows he was recommended for award of the Distinguished Flying Cross and is void of information describing any missions that may have occurred on 27 September 1971.

10.  A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the U.S. Army Human Resources Command, which is an index of general and/or special orders issued during the Vietnam era between 1965 and 1973, failed to reveal orders for any additional Air Medals, the Bronze Star Medal with "V" Device, or the Distinguished Flying Cross pertaining to the applicant.


11.  The applicant provides:

* an Air Medal Citation, undated, wherein it shows he was presented the Air Medal for the period 10 to 22 August 1971
* an Air Medal Citation, undated, wherein it shows he was presented the Air Medal (2nd to 7th Award) for the period 22 August to 17 December 1971
* three 23rd ID Forms 37, dated 4 September 1971, 16 September 1971, and 29 September 1971, wherein they show a CPT H______, 1st Squadron, 1st Cavalry, requested aircraft missions on those dates
* a letter of appreciation to the Commander (CDR), 23rd ID Artillery, dated 12 October 1971, from the CDR, 1st Squadron, 1st Cavalry, thanking the pilots and enlisted personnel of the unit for their support during the period 31 August through 4 October 1971
* two photographs of a Soldier next to and in a military helicopter, and a photograph of a lapel pin the applicant described as a Loach pin

12.  Army Regulation 600-8-22 (Military Awards) states:

	a.  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.

	b.  The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  The bronze “V” device indicates acts of heroism involving conflict with an armed enemy and is authorized in conjunction with award of the Bronze Star Medal.

	c.  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.

13.  Title 10 of the U.S. Code, section 1130 (10 USC 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.

14.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  Commander, U.S. Army Human Resources Command, ATTN:  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.

DISCUSSION AND CONCLUSIONS:

1.  The governing Army regulation states that formal recommendations, approval through the chain of command, and announcement in orders are required for personal decorations, which include the Air Medal, Bronze Star Medal with "V" Device, and the Distinguished Flying Cross.  

2.  The applicant's record contains orders for one award of the Air Medal, which is properly shown on his DD Form 214.  It does not contain orders for any additional awards of the Air Medal, the Bronze Star Medal with "V" Device, or the Distinguished Flying Cross.  Regrettably, in the absence of orders, there is insufficient evidence to correct his DD Form 214 to show additional awards of the Air Medal, Bronze Star Medal with "V" Device, or the Distinguished Flying Cross.

3.  However, while the available evidence is insufficient for awarding him additional Air Medals, Bronze Star Medal with "V" Device, or the Distinguished Flying Cross, this in no way affects his right to pursue his claim for these awards by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

4.  This action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ___x____  ____x___   DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 



      ___________x___________
               CHAIRPERSON
      
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.



ABCMR Record of Proceedings (cont)                                         AR20140008470





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ABCMR Record of Proceedings (cont)                                         AR20140008470



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