ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 26 February 2019 DOCKET NUMBER: AR20160012620 APPLICANT REQUESTS: * Foreign Service Credit for Vietnam Tour from April 1968 to March 1969 * Air Medals APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Permanent Change of Station orders to Vietnam in 1968 and back to Fort Rucker in 1969 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records 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 in effect: a. He would like his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to be updated to show his first Vietnam tour from April 1968 through March 1969. b. He was awarded 34 Air Medals for flying combat missions during both tours in Vietnam; however, the medals are not reflected on his DD form 214. 3. The applicant: * entered active duty this period on 30 January 1968 * served in Vietnam from 3 April 1968 through 21 March 1969 as shown on his DA Form 66 (Officer Qualification Record) * was assigned to Troop C, 1st Squadron (Airmobile), 9thCavalry in the Military Occupational Specialty (MOS) 62B (Rotary Wing Pilot) * served in Vietnam from 17 November 1971 to 16 November 1972 * was honorably discharged on 29 June 1969 * shows he was credited 2 years and 6 months of total active service to include 1 year of foreign service according to his DD Form 214 4. Army Regulation 635-5 (Separation Documents) states, the "Remarks" block of the Soldier's DD Form 214 is used for mandatory requirements when a separate block is not available. For an active duty Soldier deployed with his/her unit during their continuous period of active service, enter the statement "Service in (Name of County Deployed) from (inclusive dates for example, YYMMDD-YYMMDD)." 5. The applicant’s record shows he was awarded the Air Medal for the period of 7 May 1968 to 22 February 1969 (First through Twenty-First Oak Leaf Clusters), General Orders Number 3455 dated 20 March 1969. However his record does not contain any additional Air Medals. 6. A review of his DD Forms 759 (Individual Flight Record – Army Aviator) shows he completed 1040.2 combat missions. 7. U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) governed the military awards program in Vietnam during the Vietnam War and provided guidelines for award of the Air Medal and stated, Twenty-five category I missions (air assault and equally dangerous missions) and the 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. 8. 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. BOARD DISCUSSION: After review of the application and all evidence, the Board determined there is sufficient evidence to grant partial relief. The DD Form 214 for the period should show the dates of his service in RVN and the amount of AMs evident by orders. ? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 for the period ending 29 June 1969 by adding to Item 24 the Air Medal (22nd Award), and adding to Item 30 “Vietnam: 3 April 1968 through 21 March 1969.” 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to adding 34 Air Medals to his DD Form 214. 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): Not Applicable ? REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 635-5 (Separation Documents) states the "Remarks" block of the Soldier's DD Form 214 is used for mandatory requirements when a separate block is not available. For an active duty Soldier deployed with his/her unit during their continuous period of active service, enter the statement "Service in (Name of County Deployed) from (inclusive dates for example, YYMMDD-YYMMDD)." 3. Army Regulation 95-1 (Flight Regulation) provided guidance for aircraft operations, crew requirements, and flight rules. The regulation specifies that each crew member must present his or her individual flight records to the unit of assignment. The flying experience and qualification data for each rated crew member and flight surgeon in aviation service and each non-rated crew member will be documented on several forms among which are the DA Form 759 and the DA Form 759-1. The "Mission Symbol" column on the DA Form 759-1 lists a single character to identify the type of mission performed. During the Vietnam War, the following mission symbols were used: Mission Symbol Service Missions A Acceptance Test Flight F Maintenance Flight S Service Mission T Training Flight X Experimental Test Flight C Combat Mission 4. 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. The version of the regulation in effect at the time the applicant served stated that an oak leaf cluster would be awarded to denote the second and subsequent awards of the Air Medal. However, the regulation currently in effect provides that Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal. The numeral 2 denotes the second award of the Air Medal. 5. U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) governed the military awards program in Vietnam during the Vietnam War and provided guidelines for award of the Air Medal. It stated 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. a. Twenty-five category I missions (air assault and equally dangerous missions) and the 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 were made to combine category I, II, and III flight times and adjust it to a common denominator. ABCMR Record of Proceedings (cont) AR20160012620 2 1