IN THE CASE OF: BOARD DATE: 19 September 2018 DOCKET NUMBER: AR20170000230 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ____x___ ___x____ ___x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 19 September 2018 DOCKET NUMBER: AR20170000230 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 adding the Meritorious Unit Commendation (2nd Award) to his DD Form 214 for the period ending 25 September 1970 and providing him a copy of his previous DD Form 215. 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 any relief in excess of that described above. _____________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. IN THE CASE OF: BOARD DATE: 19 September 2018 DOCKET NUMBER: AR20170000230 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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 25 September 1970 to show award of the: * Soldier's Medal * Air Medal (1st oak leaf cluster) * Bronze Star Medal with "V" Device (1st oak leaf cluster) * Vietnam Service Medal with 4 bronze service stars * Meritorious Unit Commendation (1st oak leaf cluster) * Republic of Vietnam Gallantry Cross with Palm Unit Citation 2. The applicant states the awards are not listed on his DD Form 214. 3. The applicant provides: * DD Form 214 * 4 pages of DA Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) * General Orders Number 6466 * General Orders Number 442 * Memorandum for Record * Explosive Ordnance Disposal Incident Report * Photograph COUNSEL'S REQUEST, STATEMENT, AND EVIDENCE: 1. Counsel requests correction of the applicant's DD Form 214 for the period ending 25 September 1970 to show the above mentioned awards. 2. Counsel states, with regard to the Air Medal, the two pages of the applicant's flight hours do not show his name, however, he knows they are the applicant's flight hours based on the entry on page 1, line 10, which shows he flew to Fire Support Base (FSB) Rifle on 11 February 1970. Counsel know this to be true because he was the applicant's teammate on the mission. Therefore, he attached an Unusual Incident Report of the event, which shows they were the responders to the incident, as well as a photograph of them with various pieces of ordnance which they disarmed and collected after FSB Rifle was overrun. He claims the applicant performed 55 hours of combat support flight time and is entitled to the Air Medal (1st oak leaf cluster). 3. Counsel 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 26 September 1967. He was honorably discharged to enlist in the Regular Army (RA) on 2 October 1967. 3. The applicant enlisted in the RA on 3 October 1967. 4. Evidence shows he served in the Republic of Vietnam from 22 October 1969 to 25 September 1970. He served with the 287th Ordnance Detachment from 26 October 1969 to 22 September 1970. 5. The Air Medal is not included in the list of awards contained in item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) and the applicant's Military Personnel Records Jacket is void of orders or any other documents that indicate he was recommended for or awarded the Air Medal during his active duty tenure. Further, his records are void of any DA Forms 759 (Individual Flight Record and Flight Certificate – Army) or 759-1 (Individual Flight Record and Flight Certificate – Army, Aircraft Closeout Summary), or any flight logs which could be used to establish the number of flight hours and missions he was credited with during his service in the Republic of Vietnam. 6. On 25 September 1970, he was honorably released from active duty. His DD Form 214 lists the following awards: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Army Commendation Medal * 2 Overseas Service Bars * Bronze Star Medal 7. On 12 July 2002, his DD Form 214 was corrected by DD Form 215 (Correction to DD Form 214) by deleting the Vietnam Service Medal and Bronze Star Medal and adding to his DD Form 214 for the period ending 25 September 1970 the: * Soldier's Medal * Vietnam Service Medal with 4 bronze service stars * Bronze Star Medal with "V" Device (1st oak leaf cluster) * Army Good Conduct Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Meritorious Unit Commendation 8. 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 the Air Medal pertaining to the applicant. 9. The applicant provides an undated Memorandum for Record on Air Travel, which does not identify the applicant by name, however, an entry is highlighted to show 1 hour of air time and reference to an Unusual Report. He further provides an Explosive Ordnance Disposal Incident Report, which identifies the applicant as performing 1 hour of flying time on 11 February 1970 while being dispatched to retrieve and dispose of ordnance at FSB Rifle. 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 an announcement in orders are required. 2. U.S. 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 the 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. 3. USARV Regulation 672-1 further provided guidelines for award of the Air Medal for sustained operations. 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 non-professionalism, mediocrity, or failure to display an aggressive spirit." 4. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows the 287th Ordnance Detachment was cited for award of the Meritorious Unit Commendation for the period 1 January through 31 December 1969 by Department of the Army General Order (DAGO) Number 2, dated 1971 and 1 January 1970 through 31 May 1972 by DAGO Number 5, dated 1973. DISCUSSION: 1. The single most important document used to determine an individual's eligibility for award of the Air Medal during the Vietnam Conflict was the DA Form 759-1. The DA Form 759-1 is a record of flight time, by flying duty (combat, simulation, training, etc.) and flight condition, for each aircraft (and/or flight simulator for flight surgeons) in which an individual performs duties. Without the flight record, it is very difficult to establish a member's eligibility for the Air Medal. 2. The Air Medal is an individual award, each Soldier may meet the criteria at a different time. Had the applicant met the criteria at any time, it is reasonable to presume that orders would have been issued to him. A review of his MPRJ and ADCARS, failed to reveal a recommendation or orders for award of the Air Medal pertaining to the applicant. 3. The applicant's statement, letter, photograph and Explosive Ordnance Disposal Incident Report are evidence that he flew once for approximately 1 hour; however, they do not substantiate that he completed the requisite number of flight hours or that he was recommended for award of the Air Medal. 4. The statement submitted by a former member of the unit is noted, but it is based on memory and is not specific in nature. It was not only 25 missions: the criteria was that 25 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. Without a record of hours flown and missions completed, it is virtually impossible for any member of the command to recall if someone met this criteria decades after the fact. 5. Evidence shows he served in the Republic of Vietnam with the 287th Ordnance Detachment from 26 October 1969 to 22 September 1970. The applicable Army pamphlet shows his unit received two awards of the Meritorious Unit Commendation during his period of service. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170000230 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170000230 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2