IN THE CASE OF: BOARD DATE: 8 December 2015 DOCKET NUMBER: AR20150004577 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 award of the Air Medal and Combat Medical Badge and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show both awards. 2. The applicant states, in effect, he did not receive the awards with his unit prior to leaving Vietnam. He adds, in effect: a. He served in the Army from 31 July 1969 to 6 March 1971 and he served in Vietnam from 12 January 1970 to 6 March 1971, in military occupational specialty (MOS) 91B as a combat medic. He extended his tour in Vietnam to 14 months instead of the 1-year requirement. He left Vietnam and separated from the Army on 6 March 1971. b. He served with Headquarters and Headquarters Troop, 1st Squadron, 9th Cavalry, 1st Cavalry Division, as a medic in Quan Loi. His main job was to go on reconnaissance missions and scrambles (after downed helicopters) with their Blue Platoon which was comprised of 28 ground troopers. Since he was in an air cavalry unit, he flew in Huey helicopters every single day back and forth from Quan Loi base camp on all of their missions. Sometimes he had to rappel in through the bamboo to get to the crash sites. Their whole troop was given a well-deserved rest on 4 July 1970, which was the only day that they didn't go out to the jungles of Vietnam. c. Their main job was to recon the area for the enemy and most importantly scramble after any helicopter was shot down in their area of operations (get to the wounded crews before the enemy did, take care of the wounded, body bag the dead, and protect the area until everyone was safely taken care of. Since he was the only medic assigned to this elite unit, he took care of the wounded crews (as well as any of the Blues, whenever they got into a fire fight with the enemy). This happened numerous times during his tour of duty with B Troop. His actual tour of duty with B Troop, 1st Squadron, 9th Cavalry, began about a week after he reported to the 1st Squadron, 9th Cavalry Headquarters Aid Station on 12 January 1970 in Phouc Vinh, Vietnam and this went on until almost the end of July 1970. d. B Troop worked out of Quan Loi's Army base camp in Vietnam (near the Cambodian border). He was transferred back to the 1st Squadron, 9th Cavalry Squadron Aid Station (the end of July) and he served with the Squadron Aid Station, Phouc Vinh until he departed Vietnam and was separated. As far as he knows, all of the Blue Platoon members that flew with B Troop received an Air Medal. He was assigned to an Air Cavalry unit and his main concern is that he was never authorized one. The Board should look into this matter and send him an updated separation document reflecting the Combat Medical Badge and Air Medal. 3. The applicant does not provide any additional evidence. 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's records show he was inducted into the Army of the United States on 31 July 1969 and held MOS 91B (Medical Specialist). 3. He served in the Republic of Vietnam from 12 January 1970 to 5 March 1971 He was assigned to Troop B, 1st Squadron, 9th Cavalry, 1st Cavalry Division. 4. Special Orders (SO) Number 59, issued by Headquarters, 1st Cavalry Division on 28 February 1970 awarded him the Combat Medical Badge on 6 February 1970. 5. He was honorably released from active duty on 6 March 1971 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal * Army Commendation Medal * Bronze Star Medal 6. On 9 November 2012, he was issued a DD Form 215 (Correction to DD Form 214) that added the: * Army Commendation Medal with "V" Device * Army Good Conduct Medal * Vietnam Service Medal with 3 bronze service stars * Valorous Unit Award * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Combat Medical Badge 7. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows he was awarded the Combat Medical Badge, but does not show he was awarded the Air Medal. 8. There are no orders in his available records that show he was awarded the Air Medal. 9. 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 Military Awards Branch of the U. S. Army Human Resources Command, failed to reveal any orders for the Air Medal. 10. His flight records are not available for review with this case. 11. Army Regulation 600-8-22 (Military Awards) 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. 12. U.S. Army Vietnam Regulation 672-1 provided guidelines for award of the Air Medal. 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. 13. Title 10, 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. With respect to the Combat Medical Badge, the applicant was issued a DD Form 215 that corrected his DD Form 214 to show this badge. He was provided a copy of this form by separate correspondence. 2. With respect to the Air Medal: a. There are no general orders available that show the applicant was recommended for or awarded the Air Medal. The governing regulation requires a formal recommendation, approval through the chain of command, and announcement in orders for award of the Air Medal. b. His flight records are not available for review with this case. It is unclear if he met the criteria in that there is insufficient evidence that he flew out on missions and the type of missions or whether he attained the minimum number of hours required for award of the Air Medal. In the absence of orders or other independent evidence that would confirm he completed the number of missions necessary to be awarded the Air Medal, there is insufficient evidence upon which to base award of the Air Medal in this case. c. Nevertheless, while the available evidence is insufficient for awarding the applicant the Air Medal, this in no way affects his right to pursue his claim for the Air Medal by submitting a request through his Member of Congress under the provisions of 10 USC 1130. 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) AR20150004577 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004577 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1