ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 9 September 2019 DOCKET NUMBER: AR20170007509 APPLICANT REQUESTS: reconsideration of his earlier request for correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to add the Air Medal (5th Award) and Flight Pay for the accrued 124 combat flight hours. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Letter from Army Review Board Agency ARBA, dated 30 January 2017 * Letters of Commendation (2) * Email, dated 22 September 2010 * Character Letters/General Affidavits (6) * Letter to Acting Secretary of the United States Army * DD Form 214 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 AR20050004657 on 17 November 2005 * Docket Number AR20100029535 on 5 July 2011 2. The applicant states he has no flight record, even though he accrued 124 combat flight hours while serving with Battery A, 2nd Battalion, 20th Artillery, 1st Cavalry Division Airmobile (AM). Sergeant (SGT) X__ was his platoon sergeant for the first 4 months of his tour with the cavalry, during which he spared no effort to persecute the applicant. Perhaps it was his self-confidence and near perfect command of the English only he and God know. Even after then Major (MAJ) X___ X___sent him to another part of the country so that he could train to become a radio operator SGT X__ was still able to persecute him for his entire tour. He later became battery first sergeant at which time he completely expunged his flight record. After all it was the height of the Civil Rights Era our Lord and Savior, Jesus Christ commands that we are to forgive those who trespass against us, so that we can be forgiven by our God and Father in heaven Mark 11, 25-26. He did not even know of the appeal process until 2003. He went on with his life after all that grief and put it behind him until he was informed by another disabled veteran. 3. The applicant provides: a. A letter from ARBA, Chief Congressional Liaison and Inquiries staff, dated 30 January 2017, which responds to his correspondence addressed to the Chief of Staff of the Army, concerning steps to take correct an error or remove an injustice from his Army record through the ABCMR. b. Letters of commendation: (1) On 3 November 1966, commanding officer stated it was a great pleasure to commend the applicant’s unit Battery A, 2nd Battalion, 20th Artillery for their contribution to the combat successes achieved in Operation Thayer and Irving during the period of 13 September 1966 to 1 November 1966. The operation was the culmination of a rigorous training program. Although they were engaged in sustained combat for fifty consecutive days the unit returned to base camp without a single personnel injury or serious equipment damage. (2) On 9 November 1966, the Director of the Army Aviation School in Fort Rucker, AL commended the applicant for his outstanding performance of duty as Operations Specialist, Operations Division, Department of Tactics, U.S. Army Aviation School during the period of 22 March 1966 to 12 September 1966. He assisted in scheduling classes and instruction support requirements for 18 different courses and hundreds of students. c. An email from Colonel Retired (COL) (Ret) X___ X___ affirming the events that the applicant had stated while he was assigned to Battery A, 2nd Battalion, 20th Artillery (2/20 Aerial Rocket Battery), 1st Cavalry Division Vietnam in 1967. His commander of 2nd Battery told him to come to his quarters and told him to pack his gear and report to the flight line to prepare to fly down Phan Thiet in support of operations there to train as Chief Radio Operator under Sergeant X__ X__ during the summer of 1967. This was in response to Sergeant X__ assigning him to permanent kitchen patrol (KP) in his attempt to keep him from door-gunning with the 2nd platoon. d. Statement from COL Ret X__ X__, dated 22 April 2010, commander of 1st Battery, which states he was stationed at An Khe Republic of South Vietnam. He states the applicant served in the dual role of Weapons Repairman and Aerial Gunner on UH-1 Huey helicopters. During that period of time the battalion was heavily engaged in combat air operations providing aerial rocket artillery support for the division troops on the ground. Operations included the support of troop insertions and direct support of the troops during ground operations. The applicant, in his role as aerial gunner, along with the aircraft crew chief, provided protection for the aircraft as well as engaging with the enemy in many situations. He accumulated numerous flight hours in this capacity. e. General affidavits from 3 distinguished officers whom he flew in combat: * X__ X__, X__ X__, X__ X__, X__ X__ stated the applicant served as a helicopter door-gunner and flew various combat mission during his tour from 15 November 1966 to 24 August 1967 and accrued 124 flying hours * X__ X__, stated the applicant served as a helicopter door-gunner and flew numerous combat missions during his tour of duty. f. Letter addressed to the Acting Secretary of the Army which the applicant affirms that he flew 124 combat flying hours as a helicopter door gunner while serving with Battery A, 2nd Battalion, 20th Artillery, 1st Cavalry Division. This fact did not appear anywhere in his personnel file because his entire flight record was expunged by SGT X__, his Platoon Sergeant from the time of his arrival in early November 1966 to the middle of February when the Battery Commander Major X___ X___ removed him from his operational control by sending him to become a radio operator in another part of the country where they were reinforcing an infantry battalion. When he returned to the division SGT X__’s abuse continued until he rotated home, before which time SGT X__ became first sergeant. Several years ago, he reached out to The Aerial Rocket Artillery Association and was able to make contact with some of the estimable combat pilots with whom he had the great honor of flying. They remembered him when he talked to them of specific combat missions they flew together. Before his introduction to the internet in 2003 he had no idea what he was asking for was even possible to pursue. He had become frustrated with the ABCMR in 2011 and it caused him to write to President Obama twice and to the Army Chief of Staff. He states that SGT X__ was able to limit the number of his combat flying hours but not the level of his determination to pursue what rightfully should be his. He believes that he should receive and his military record be corrected to reflect an Air Medal with appropriate oak leaf clusters and flight pay that has been due him for 50 years along with appropriate interest and penalties as applicable. He prays that the Secretary of the Army will vet him and the Board decide in his favor. His wife, family and church continue to pray. 4. A review of the applicant’s service records shows: a. He was inducted on 1 September 1965, into the Army of the United States. He held the military occupational specialty 45J (Aircraft Armor Repairman) b. He served in Vietnam from 30 October 1966 to 27 August 1967, through 2 campaigns. He was assigned to Battery A, 2nd Battalion, 20th Artillery, 1st Cavalry Division (Airmobile). . c. His available records contain no documentation of flight records or orders awarding him the Air Medal. Likewise, there are no orders placing him on flight status or assigning him flight duty. d. On 24 August 1967, he was honorably released from active duty and transferred to the U.S. Army Reserve. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). It shows he completed 1 year, 11 months and 24 days of active service, 9 months and 24 days of foreign service. His DD Form 214 does not show award of the Air Medal; it shows he was awarded or authorized: * National Defense Service Medal * overseas service bar (1) * Sharpshooter Marksmanship Qualification Badge with (M-14) * Vietnam Service Medal * Vietnam Campaign Medal f. He appealed to the ABCMR. However, on 22 November 2005, his request was denied because the Board determined that the overall merits of this case were insufficient as a basis for correction of the records of the individual concerned. There was no evidence provided which shows that it would be in the interest of justice to excuse the applicant’s failure to timely file within the 3-year statute of limitations prescribed by law. g. He again appealed to the ABCMR and his request was denied on 7 July 2011. The Board determined the evidence presented did not demonstrated existence of a probable error or injustice. The applicant’s contention that he was assigned to a flight position authorized flight pay or that he performed the requisite hours and types of missions required to authorize and or determine compensation for flight time was insufficient. Agent Orange was employed by U.S. Forces in Vietnam and not by the enemy, therefore it cannot be considered as a basis for award of the Purple Heart. 5. A review of the Awards and Decorations Computer-Assisted Retrieval Systems, an index of general orders issued during the Vietnam era between 1965 and 1973 and maintained by the U.S. Army Human Resources Command, failed to reveal any orders for the Air Medal for the applicant. 6. By regulation (U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards)) a. To qualify 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. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. b. 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. 7. By regulation (AR 672-5-1), the criteria for the first award only of the Army Good Conduct Medal, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year requires all “excellent” conduct and efficiency ratings and no convictions by a court-martial. The applicant meets the criteria in that: * he completed 1 year, 11 months and 24 days of active service * he received excellent conduct and efficiency ratings * there is no record of a court-martial conviction in his service record BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found some relief was warranted. The applicant’s contentions were carefully considered. His record is absent evidence showing he was entitled to, and did not receive flight pay, nor is there evidence showing he is authorized any Air Medals. The applicant stated, in effect, he also does not have evidence to show he should receive the requested relief. The Board agreed there is insufficient evidence to grant relief. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to more accurately depict the military service of the applicant. 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: 1. 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. 2. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to more accurately depict the military service of the applicant. 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): A review of the applicant’s service records show he is authorized additional awards not annotated on his DD Form 214. As a result amend his DD Form 214 as follows: * delete Vietnam Service Medal * add Vietnam Service Medal with 2 bronze service stars * add Presidential Unit Citation (Department of the Army General Order (DAGO) Number 2, dated 1973 (11 December 1966 to 4 April 1967) * add Republic of Vietnam Gallantry Cross Unit Citation with Palm, (DAGO) Number 42, dated 1972 (9 August 1965 to 19 May 1969) 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 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR will decide cases on the evidence of record. It is not an investigative body. 3. 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 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. 4. Army Regulation (AR) 600-8-22 (Military Awards) states the Air Medal paragraph 3-16 is awarded to any person who, while serving in any capacity in or with the U.S. Army, will have distinguished himself or herself by meritorious achievement while participating in aerial flight. Awards may be made to recognize single acts of merit or heroism, or for meritorious service as described: * for acts of heroism in connection with military operations against an armed enemy or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party * for single acts of meritorious achievement, involving superior airmanship, which were accomplished with distinction beyond that normally expected * for meritorious service may be made for sustained distinction in the performance of duties involving regular and frequent participation in aerial flight for a period of at least 6 months, accumulation of a specified number of hours and missions will not serve as the basis for award of the Air Medal * primarily intended to recognize those personnel who are on current crewmember or non-.crewmember flying status which requires them to participate in aerial flight on a regular basis and frequent basis in the performance of their primary duties 5. AR 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. The enlisted person must have had all “excellent” conduct and efficiency ratings. Ratings of “Unknown” for portions of the period under consideration were not disqualifying. Service school efficiency ratings based upon academic proficiency of at least “Good” rendered subsequent to 22 November 1955 were not disqualifying. There must have been no convictions by a court-martial. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170007509 6 1