BOARD DATE: 2 February 2017 DOCKET NUMBER: AR20150015195 BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x_____ __x______ ___x__ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 2 February 2017 DOCKET NUMBER: AR20150015195 BOARD DETERMINATION/RECOMMENDATION: 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. ___________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. BOARD DATE: 2 February 2017 DOCKET NUMBER: AR20150015195 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 United States Report of Transfer or Discharge) to show a second award of the Air Medal and the Army Good Conduct Medal. 2. The applicant states he believes he should have been awarded two Air Medals and only one is shown on his DD Form 214. The Air Medal on his DD Form 214 is for the time period of June 1967 to January 1968; however, he flew more sorties until June 1968. He believes these additional missions may have qualified him for another award of the Air Medal. He also believes he should have been awarded the Army Good Conduct Medal. 3. The applicant provides a copy of his DD Form 214; an Air Medal Citation; and General Orders Number 521, dated 22 January 1968. 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 inducted into the Army of the United States on 23 January 1967. After completing his initial entry training, he was awarded military occupational specialty (MOS) 11C (Indirect Fire Infantryman Crewmember). 3. The applicant's DA Form 20 (Enlisted Qualification Record) shows in: a. Item 31 (Foreign Service), he served in the Republic of Vietnam from on or about 26 June 1967 through on or about 24 June 1968. b. Item 38 (Record of Assignments), he served with Company C, 2nd Battalion, 7th Cavalry Regiment, 1st Cavalry Division (Airmobile) during his period of service in the Republic of Vietnam. c. Item 38, he received excellent conduct and efficiency ratings, with the exception of the period from on or about 20 October 1968 to 7 February 1969, during which he received a conduct and efficiency rating of "good." 4. General Orders Number 521, issued by Headquarters, 1st Cavalry Division (Airmobile) on 22 January 1968, awarding him the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam, during the period of June 1967 to January 1968. 5. The applicant was honorably released from active duty on 7 February 1969 and transferred to the U.S. Army Reserve Control Group (Annual Training). His DD Form 214 shows he completed 2 years and held the permanent rank and grade of specialist four/E-4. His DD Form 214 shows he was awarded the Air Medal; however, it does not show he was awarded the Army Good Conduct Medal. 6. There are no orders or other evidence in the available records indicating he was awarded a second award of the Air Medal or the Army Good Conduct Medal. 7. 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, failed to reveal any orders pertaining to the applicant for the second award of the Air Medal or any other award or decoration. REFERENCES: 1. Army Regulation 600-8-22 states 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. 2. United States Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided guidelines for award of the Air Medal. It stated that passenger personnel who did not participate in an air assault were not eligible for the award based upon sustained operations. It defined terms and provided guidelines for the award based upon the number and types of missions or hours. Twenty-five Category I missions (air assault and equally dangerous missions) and accrual of a minimum of 25 hours of flight time while engaged in Category I missions was the standard established for which sustained operations were deemed worthy of recognition by an award of the AM. However, the regulation was clear that these guidelines were considered only a departure point. a. Combat missions were divided into three categories. A category I mission was defined as a mission performed in an assault role in which a hostile force was engaged and was characterized by delivery of ordnance against the hostile force or delivery of friendly troops or supplies into the immediate combat operations area. A category II mission was characterized by support rendered a friendly force immediately before, during, or immediately following a combat operation. A category III mission was characterized by support of friendly forces not connected with an immediate combat operation but which must have been accomplished at altitudes which made the aircraft at times vulnerable to small arms fire or under hazardous weather or terrain conditions. b. To be recommended for award of the Air Medal, an individual must have completed a minimum of 25 category I missions, 50 category II missions, or 100 category III missions. Since various types of missions would have been completed in accumulating flight time toward award of an Air Medal for sustained operations, different computations would have had to be made to combine category I, II, and III flight times and adjust it to a common denominator. 3. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. The enlisted person must have had all "excellent" conduct and efficiency ratings. Ratings of "unknown" for portions of the period under consideration were not disqualifying. There must have been no convictions by a court-martial. DISCUSSION: 1. With respect to the Air Medal, there is no evidence in the applicant's available military record that indicates he was awarded a second Air Medal for the period of January 1968 to June 1968. The governing Army regulation requires formal recommendation, approval though the chain of command, and announcement by orders for award of the Air Medal. The available records do not provide any the details of any aerial missions he participated in from January 1968 to June 1968. 2. With respect to the Army Good Conduct Medal, there is no evidence in the applicant's available military record that indicates he was awarded or recommended for the Army Good Conduct Medal. The evidence of record shows he received conduct and efficiency ratings of "good" during the period from on or about 20 October 1968 to 7 February 1969. The regulation in effect at the time of the applicant's active duty service provided that an enlisted person must have had all "excellent" conduct and efficiency ratings to be eligible for award of the Army Good Conduct Medal. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150015195 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150015195 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2