BOARD DATE: 19 September 2017 DOCKET NUMBER: AR20160001670 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: 19 September 2017 DOCKET NUMBER: AR20160001670 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: 19 September 2017 DOCKET NUMBER: AR20160001670 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 with four oak leaf clusters. 2. The applicant states: a. The Air Medal is not listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and he never received it. It is not the Army's fault. He was in a hurry to get out of country (Vietnam). b. At the time he was processing out of the service, he was not concerned with medals. While cleaning out his closet he discovered old medical and military papers. He thought that he would try to get the Air Medal and pass it on to his grandkids. If it is not allowable because he waited so long, it is understandable. 3. The applicant provides a copy of his DD Form 214 and a letter of certification from an operations officer. 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 enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 15 May 1968. He was discharged from the DEP and enlisted in the Regular Army on 11 September 1968. He held military occupational specialty (MOS) 35L (Avionics Communications Equipment Repairer). He served in Vietnam while assigned as follows from: * 15 May to 26 August 1969, assigned to Company (CO) A, 15th Transportation Battalion (BN), 1st Air Cavalry Division * 27 August to 5 September 1969, assigned to Headquarters and Headquarters Company, 228th Aviation BN, 1st Cavalry Division * 6 September 1969, assigned to CO B, 228th Aviation BN, 1st Air Cavalry Division * 7 September 1969 to 15 April 1971, 165th Transportation Detachment, 1st Air Cavalry Division 3. He was honorably released from active duty on 17 April 1971 and transferred to the USAR Control Group (Annual Training). 4. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show the Air Medal. 5. The DD Form 214 he received upon discharge does not show the Air Medal. His record is void of orders awarding him the Air Medal. 6. 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 Military Awards Branch, failed to reveal any orders for the Air Medal pertaining to the applicant. 7. The applicant provides a copy of a memorandum dated 10 April 1971 that shows Captain (CPT) James D. M____ certified that the applicant had flown the required time for award of the Air Medal with four oak leaf clusters. REFERENCES: 1. 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. 2. United States Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided guidelines for award of the Air Medal. 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. 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. c. 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 nonprofessionalism, mediocrity, or failure to display an aggressive spirit." 2. Title 10, U.S. Code, section 1130 (Title 10 USC 1130) allows the Service Secretary concerned to review a proposal for the award of, or upgrading of, a decoration that is otherwise precluded from consideration by limitations established by law or policy. In order to request an award under Title 10 USC 1130, a DA Form 638 (Recommendation for Award) must be submitted. The DA Form 638 should clearly identify the unit, the period of assignment, and the award being recommended. A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638. In addition, the award request should be supported by sworn affidavits, eyewitness statements, certificates and related documents (such as flight logbook to support award of the Air Medal). Corroborating evidence is best provided by commanders, leaders, and fellow Soldiers who had personal (i.e., eyewitness) knowledge of the circumstances and events relative to the request. 3. Title 10 USC 1130 also requires that a request of this nature be referred to the Service Secretary from a Member of Congress. Therefore, a request must be submitted through a Member of Congress who will send it to the U.S. Army Human Resources Command, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor. DISCUSSION: 1. The applicant's record is void of orders showing he was awarded the Air Medal. Although he may have served as a technician on aircraft in Vietnam, there is no evidence that shows he was ever awarded the Air Medal. The governing Army regulation states that formal recommendations, approval through the chain of command, and announcement in orders are required for personal decorations, which includes the Air Medal. 2. The applicant's former operations officer certified that the applicant had met the criteria for the basic Air Medal and four oak leaf clusters. The evidence he provided shows CPT James D. M____ appears to have certified him for the required air time for the Air Medal. The letter does not note the number of flight missions nor the category of each mission. The applicant’s records are void of an award recommendation for the Air Medal forwarded through the chain of command to the approval authority or orders showing a recommendation was approved. 3. An unfavorable Board decision in no way affects his right to pursue his claim for the Air Medal by submitting a written request with supporting evidence through his Member of Congress to the U.S. Army Human Resources Command under the provisions of Title 10 USC 1130. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001670 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001670 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2