IN THE CASE OF: BOARD DATE: 11 March 2021 DOCKET NUMBER: AR20200000750 APPLICANT REQUESTS: in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect the following: * award of three Air Medals * award of the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record). FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, United States Code, section 1552(b); however, the 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: a. His DD Form 214 shows he qualified expert with the automatic rifle. He did not fire or qualify with any automatic rifle during his enlistment. He only qualified with the M-14 rifle and no other type of weapon. b. During his tour in Vietnam, he was a flight crew member on a CV-2B “Caribou” cargo aircraft. During the course of various types of flight missions, he logged in excess of 150 hours of combat assault time. Due to this logged time he was awarded two Air Medals while in Vietnam and the third while at Fort Rucker, AL, after completion of his tour in Vietnam. He still has the two original medals, which his mother saved for him. The third medal along with his discharge was misplaced by his ex-wife after their divorce. He is requesting amendment of his DD Form 214 to include these changes, or a letter to be entered into his records showing these changes are authorized. c. He does not have any orders or any other proof that he had Air Medals were in fact earned and awarded. He has the two original medals he was awarded in Vietnam. A review of his records should show he served in Vietnam as a flight crew member on an aircraft that frequently came under enemy fire during the course of its missions. He served with the 92nd Aviation Company in Qui Nhon, Nha Trang, and DA Nang from 1965 to 1966. Their missions required them to frequently go to “hot” areas in support of various outposts and perform landings, air drops, and low level extractions in support of U.S. Army 5th Special Forces and U.S. Marine Rangers. It was not unusual to be fired upon during these missions. It was his understanding that 50 hours of combat assault time earned one Air Medal 3. The applicant enlisted in the Regular Army on 31 December 1964. 4. The applicant’s DA Form 20 (Enlisted Qualification Record) shows: * he served in Vietnam from 25 May 1965 through 24 May 1966 * in Vietnam he was assigned to 92nd Aviation Company from 3 June 1965 through 16 May 1966, where he served as an assistant flight engineer * he participated in two campaigns 5. The applicant’s service records contain the following orders: * Headquarters, 14th Aviation Battalion Special Orders Number 115, dated 10 May 1966, awarding him the Aircraft Crewman Badge (Permanent) effective 10 May 1966 * USAAVNC Troop Brigade (Provisional) Special Orders Number 196, dated 4 October 1966, awarding him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * USAAVNC Troop Brigade (Provisional) Special Orders Number 167, dated 28 August 1967, awarding him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) 6. The applicant’s available service records do not contain his flight records nor do they contain any orders awarding him the Air Medal. 7. The applicant’s DD Form 214 shows he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) on 14 December 1967, after 2 years, 11 months, and 15 days of net active service. It shows he was awarded or authorized the following: * Vietnam Service Medal * National Defense Service Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) 8. A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the U.S. Army Human Resources Command Military Awards Branch, an index of general orders issued during the Vietnam era between 1965 and 1973, revealed one set of orders pertaining to the applicant. U.S. Army Vietnam General Orders Number 2395, dated 20 April 1966, awarded the applicant the Air Medal for meritorious achievement while participating in aerial flight from 1 November 1965 through 13 December 1965. 9. There are no available orders awarding the applicant a second or third Air Medal. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that relief was not warranted. The Board carefully considered the applicant’s request, supporting documents, evidence in the records and regulatory guidance. The Board considered the applicant’s statement and his record of service and documents provided by the applicant. The Board determined the applicant’s record currently show the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) on his DD form 214. The records have been corrected. The governing regulation provides that the Air Medal be announced in permanent orders. Based upon the absence of orders or sufficient documentation to show the applicant was awarded a 2nd or 3rd Air Medal, the Board agreed there is insufficient evidence to grant relief. 2. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to more accurately depict the military service of the applicant. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING XXX XXX XXX 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. Tamara L. Sorrell 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 his DD Form 214 covering the period ending 14 December 1967, should be amended by deleting the Vietnam Service Medal from item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) and adding the following to item 24: * Air Medal * Meritorious Unit Commendation * Vietnam Service Medal with two bronze service stars * Vietnam Campaign Medal with Device (1960) * Aircraft Crewman Badge * Republic of Vietnam Gallantry Cross with Palm Unit Citation REFERENCES: 1. Title 10, United States 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 Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. Army Regulation 672-5-1 (Military Awards), in effect at the time, prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. This version of the regulation provided for temporary and permanent award of the Aircraft Crew Member Badge. Commanders of any unit with Army aircraft assigned could publish orders allowing qualified members of that command to wear the Aircraft Crew Member Badge. To be eligible for temporary award of the Aircraft Crew Member Badge an individual had to be on flying status in the case of crew chiefs, electronic sensor system operators, and flight engineers or as a non-crewmember in the case of observers, medical aidmen, gunners, aircraft maintenance supervisors, or technical inspectors. Individuals were also required to be qualified based on a Class III physical examination and to hold a principal duty assignment as a crew chief, flight engineer, aircraft maintenance supervisor, observer, gunner, or technical inspector. These personnel were authorized to wear the badge temporarily until relieved from those duties or they could be authorized permanent wear of the Aircraft Crew Member Badge once they fulfilled the regulatory requirements for permanent award of the badge. b. For permanent award of the Aircraft Crew Member Badge, an individual must have performed in one of the duties specified above for not less than 12 months (not necessarily consecutive) or must have been school trained for a principal duty specified above. Personnel who were precluded by incapacitation from further flight duty due to wounds sustained as a result of hostile action or injuries resulting from an aircraft accident for which they were not personally responsible were entitled to permanent wear of the Aircraft Crew Member Badge. Further, an individual who participated in at least 15 combat missions under probable exposure to enemy fire while serving in the principal duty of crew chief, flight engineer, aircraft maintenance supervisor, observer, gunner, or technical inspector was entitled to permanent award of the Aircraft Crew Member Badge. 3. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. 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. b. The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more. c. A bronze service star is authorized with the Vietnam Service Medal for participation in each credited campaign. 4. U.S Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided additional guidelines for award of the Air Medal for sustained operations in Vietnam. a. It stated 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 Air Medal. b. 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. c. 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. d. Appendix IV required that recommendations for award of the Air Medal for crewmembers or non-crewmembers on flying status would be submitted on USARV Form 157-R. The recommendation for award must also have stated that the individual “met the required number of missions and hours for award of the Air Medal”; that “the individual has not caused, either directly or indirectly, an aircraft abort, late take-off, accident or incident”; and that the “individual’s accomplishments and service throughout the period have reflected meritorious performance, with no instance of non- professionalism, mediocrity, or failure to display an aggressive spirit.” 5. 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 92nd Aviation Company was awarded: * the Meritorious Unit Commendation for the period October 1964 through December 1966 in Department of the Army General Orders Number 17, dated 1968 * the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 8 February 1962 through 28 March 1963 in Department of the Army General Orders Number 8, dated 1974. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200000750 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1