BOARD DATE: 31 July 2018 DOCKET NUMBER: AR20160016210 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: 31 July 2018 DOCKET NUMBER: AR20160016210 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: 31 July 2018 DOCKET NUMBER: AR20160016210 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. 2. The applicant states as an 11B (Light Weapons Infantryman), he flew in numerous flights on Huey and Light Observation Helicopters as a forward observer when they were in the field or on fire bases. 3. The applicant provides no 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 was inducted into the Army of the United States on 27 June 1969 and he held military occupational specialty 11B. 3. His DA Form 20 (Enlisted Qualification Record) shows in: * Item 31 (Foreign Service) – he served in Vietnam from 21 November 1969 to 20 November 1970 * Item 38 (Record of Assignments) – he was assigned to Headquarters and Headquarters Company, 2nd Brigade, 101st Airborne Division * Item 41 (Awards and Decorations) – no entry for the Air Medal 4. He was honorably released from active duty on 25 June 1971. His DD Form 214 does not show he was awarded or authorized the Air Medal. 5. His record is also void of any DA Form 759-1 (Individual Flight Record and Flight Certificate – Army) to indicate the dates, aircraft type, mission category, duty position, and flight hours accrued by the applicant and/or orders showing he was awarded or authorized the Air Medal during his period of service. 6. A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), 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 award of the Air Medal to the applicant. REFERENCES: 1. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards), in effective at the time, provided, in pertinent part, guidelines for award of the Air Medal. It defined terms and provided guidelines for the award based upon the number and types of missions or hours. The document defined a mission as the departure of an aircraft from a base camp to a nonsecure landing zone and return and that an additional mission may be credited for each additional landing zone used. 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. 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. 2. Army Regulation 600-8-22 (Military Awards) prescribes policies and procedures for military awards. The regulation 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. DISCUSSION: There is no evidence the applicant met the requirements for award of the Air Medal during his service in Vietnam. Additionally, there are no orders in the available records awarding or authorizing him the Air Medal during this period. Further, Item 41 of his DA Form 20 does not list the Air Medal and a review of ADCARS failed to reveal any orders awarding him the Air Medal. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160016210 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160016210 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2