IN THE CASE OF: BOARD DATE: 7 December 2020 DOCKET NUMBER: AR20200003152 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) dated 1 October 1969 to reflect authorization of the Air Medal. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Award Citation * United States of America Award Certificate (Air Medal) dated 24 February 1969 * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) dated 1 October 1969 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 that his most recently issued DD Form 214 dated 1 October 1969 does not contain previous issuance of the Air Medal. 3. A review of the applicant’s available service records reflects the following: a. On 2 October 1967 he was inducted into the Regular Army as an 11B (Light Weapons Infantryman). b. On 1 October 1969 he was honorably discharged from the Regular Army and transferred into the United States Army Reserve (USAR) – Annual Training. His issued DD Form 214 reflects the following decorations, medals, badges, citations and campaign ribbons: * Bronze Star Medal * Army Commendation Medal * National Defense Service Medal * Vietnam Service Medal w/ 2 Bronze Stars * Vietnam Campaign Medal w/ 1960 device * Overseas Service Bars (2 awards) * Expert Marksmanship Badge (M-14) * Sharpshooter Marksmanship Badge (M-60) * Marksmanship Badge (M-16) * Combat Infantryman Badge 4. The applicant provides the following: a. Award Citation reflective of him being recognized for his meritorious achievement while participating in an aerial combat assault into hostile territory in the Republic of Vietnam on 18 January 1969. b. United States of America Award Certificate (Air Medal) dated 24 February 1969 – see item 4a. above. c. DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) dated 1 October 1969 – see item 3b. above. 5. The applicant did not provide nor does review of his available personnel records reflect the actual Air Medal orders, a DA Form 20 (Enlisted Personnel Record) consistent with the provided medal certificates or flight log identifying number and types of missions or hours. The United States Army Human Resources Command (HRC) was also unable to produce any additional documentation in conjunction with this award. 6. See applicable regulatory guidance below under REFERENCES. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. Although his record is void evidence of a published order, the Board determined the Air Medal citation and certificate are sufficient evidence to add the medal to his DD Form 214. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Air Medal to his DD Form 214 for the period ending 1 October 1969. 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. Army Regulation (AR) 15-185 (ABCMR) paragraph 2-9 states the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 3. Army Regulation 635-5 (Separation Documents) states that the DD Form 214 will reflect the conditions and circumstances that existed at the time the records were created. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form be complete and accurate and reflects the conditions as they existed at the time of separation. Personnel officers will prepare and authenticate DD Form 214WS (Worksheet) prior to forwarding records to the transfer facility. All available records will be used as a basis for the preparation of DD Form 214WS, including DA Form 20 (Enlisted Qualification Record), DA Form 66 (Officer Qualification Record), and orders. Item 24 (Awards) on the issued DD Form 214 will contain all decorations, service medals, campaign creds and badges awarded or authorized from item 21 (DA Form 66 – Officer Qualification Record) or section 9 (DA Form 20 – Enlisted Qualification Record). 4. United States Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provides guidelines for award of the Air Medal. 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. However, the regulation was clear that these guidelines were considered only a departure point. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200003152 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1