ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 30 October 2020 DOCKET NUMBER: AR20200002519 APPLICANT REQUESTS: award of the Air Medal. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Certificate of Release or Discharge from Active Duty) FACTS: 1. The applicant did not file within the three 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 he served with A Company, 1/7 of 1st Air Calvary Division in 1965-1966 and made numerous air assaults on enemy positions. He was wounded on January 31, 1966. He served with pride and honor with his service to country. All combat assault troops were awarded a one-time award of the Air Medal. When he went to the Battalion Headquarters for reassignment, he witnessed a young soldier departing headquarters. The Soldier walked over to him, showed him an Air Medal, and said he never was inside a helicopter since he worked in the dining facility. When the applicant inquired as to why he did not receive the award, he was told his name was mistakenly left off the list. He would like this to be corrected for his grandson, as he loves his country and his grandpa. 3. A review of the applicant’s official record shows: a. On 21 June 1982, his DA Form 2-1 (Personnel Qualification Record), reflects the following: (1) Item #5 (Oversea Service) shows assignment to the Republic of Vietnam from March 1965 to May 1966. (2) Item #7 (Aviation ASI & Gunnery Qualification) – no information documented. (3) Item #9 (Awards, Decorations & Campaigns)- Air Medal is not listed. (4) Item #14 (Flying Status) – no information documented. (5) Item #35 (Current and Previous Assignments) reflects * December 1959 through October 1962 as a Light Weapons Infantryman * October 1962 through January 1965 no active duty * January 1965 through December 1973 as a Recruiter b. On 30 December 1981, (Orders Number 251-106) published by US Army Air Defense Center and Fort Bliss, relieved him from active duty and placed him on the USAR Control Group (Retired) list with an effective date of 31 October 1982. c. On 31 October 1982, (DD Form 214 – Certificate of Release or Discharge from Active Duty) reflects he was honorably retired from the Regular Army. d. His records are void of orders assigning him to A Company, 1/7 of 1st Air Calvary Division, USARV Form 157-R (Recommendation for Decoration for Valor or Merit), flight records, recommendation or orders for the Air Medal. 5. The applicant provides a DD Form 214 see 3c. above. 6. Regulatory guidance is provided under REFERENCES. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined relief was not warranted. The Board considered the applicant's statement, his record of service, assignments and awards reflected on his DD Form 214. The Board did not find evidence of his unit of assignment in Vietnam or the circumstances of his injury that resulted in a Purple Heart. The Board did not find evidence of documentation annotating the number of air missions completed by the applicant and the hours involved. Based on a preponderance of evidence, the Board determined there was insufficient evidence of an error or injustice which would warrant awarding the applicant an Air Medal, as requested. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :XX :XXX :XXX DENY APPLICATION 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. 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. U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, guidelines for award of the Air Medal. a. It established 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 Air Medal. However, the regulation was clear that these guidelines were considered only a departure point. Nothing created an entitlement to the award. b. Appendix IV required that recommendations for award of the Air Medal for crewmembers or non-crewmembers on flying status be submitted on USARV Form 157-R (Recommendation for Decoration for Valor or Merit). The recommendation for award must also state that the individual has “met the required number of missions and hours for award of the Air Medal”, and 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." 3. Army Regulation 600-8-22 provides, in pertinent part, that 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. //NOTHING FOLLOWS//