ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 15 April 2019 DOCKET NUMBER: AR20160016350 APPLICANT REQUESTS: Reconsideration of his earlier request to correct his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Air Medal. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Congressional Inquiry * Privacy Release FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20150003239 on 29 October 2015. 2. The applicant's contentions are new evidence that were not previously considered by the Board and warrant consideration at this time. 3. The applicant states: a. When he first arrived in Korea he was assigned to a wire team. A few days later, they found out about his aviation background and he was transferred to the aviation division as an aircraft mechanic. Shortly after, he started on the job training as a forward air observer. He was promoted to corporal and was told if he flew 22 missions over enemy territory he would be awarded the Air Medal. He performed 27 recorded missions over enemy territory. He was also told he would receive flight pay, but he never received it. b. A Cessna L-19 plane has no armor mount and he could look out the window and see the enemy shooting at them with small arms. Each time he flew, he realized he would be in front of a firing squad, but he still went. They flew so low they sat on their parachutes for backside protection. Most of the time they were too low to use them and they would not open in time. 4. Having prior service in the California Army National Guard, the applicant enlisted in the California Army National Guard on 19 June 1950 for a period of 3 years. On 1 September 1950, he was ordered to active duty. He served in Korea from 26 March 1951 to 28 December 1951. 5. Item 21 (Medals, Decorations, and Citations) of his WD AGO Form 24a (Service Record) does not show the Air Medal. 6. On 12 April 1952, he was honorably released from active duty. 7. His DD Form 214 does not show award of the Air Medal. 8. There are no orders for the Air Medal in the available records. 9. His records contain flight records showing he flew 24 combat missions, totaling 50 hours and 45 minutes of combat flight hours, in Korea from April 1951 to 21 August 1951. 10. On 29 October 2015, the ABCMR denied his request for award of the Air Medal. 11. Army Regulation 600-45 (Personnel - Decorations) in effect at the time stated the Air Medal was awarded to any person who, while serving in any capacity in or with the Army of the United States, shall have distinguished himself or herself by meritorious achievement while participating in aerial flight. Awards may be made to recognize single acts of merit or sustained operational activities against an armed enemy. The required achievement, while of lesser degree than that required for the award of the Distinguished Flying Cross, must nevertheless have been accomplished with distinction above and beyond that normally expected. The term "sustained operational activities" was defined to include only activities over enemy-held territory wherein definite enemy opposition had been encountered. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found the relief was not warranted. The applicant’s contentions were carefully considered. There is no evidence he was recommended and approved for an award of the Air Medal. Regulatory guidance during his period of service shows Air Medals were awarded for single acts of merit or sustained operational activities against an armed enemy. He contends he flew in combat missions from April – August 1951 (5 months). Current regulatory guidance further clarified sustained aerial flight as a period of 6 consecutive months. Based upon the preponderance of evidence, the Board agreed there was no error or injustice in this case, and recommend not to amend the previous decision. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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 the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20150003239 on 29 October 2015. 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. Army Regulation 600-45 in effect at the time stated the Air Medal was awarded to any person who, while serving in any capacity in or with the Army of the United States, shall have distinguished himself or herself by meritorious achievement while participating in aerial flight. Awards may be made to recognize single acts of merit or sustained operational activities against an armed enemy. The required achievement, while of lesser degree than that required for the award of the Distinguished Flying Cross, must nevertheless have been accomplished with distinction above and beyond that normally expected. 2. Army Regulation 600-45, Change 2, dated 14 March 1951 stated the term "sustained operational activities" will be defined to include only activities over enemy-held territory wherein definite enemy opposition has been encountered. 3. Title 10 of the 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. 4. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160016350 3 1