ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 21 October 2019 DOCKET NUMBER: AR20170011725 APPLICANT REQUESTS: correction to his DA form 759 (Individual Flight Record and Flight Certificate – Part I) and DA Form 759-1(Individual Flight Record and Flight Certificate – Army- Part II) to show: * Show: D Troop1/1 Cavalry, 123 AVN BN, 3rd Infantry Division * Add: 3.5 hours of night combat assault flown on March 27, 1971 * Add: 6.1 hours of night combat assault flown on the night of March 28, 1971 * A personal appearance at the Board APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self-Authored report to National Personnel Records Center * DA Form 759 * DA Form 759-1 * Extract pages from Sappers in the Wire, The Life and Death of Firebase Mary Ann * General Orders 6349, dated 6 June 1971, Air Medal w/ “V” Device * National Personnel Records Center response 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 that on the night of 27 and 28 March 1971, the Night Hawk Team of Two UH-1 Helicopters flew two missions in support of the 1/46 Infantry, 196 Infantry Brigade, 3rd Infantry Division. He states on 27 March 1971, they flew 3.5 hours and on 28 March 1971, the team – Troop D, 1st Squadron, 1st Air Cavalry Group, 123 Aviation Battalion flew 6.1 hours of air fire support that night which is not recorded on DD Form 759-1. He states that it wasn’t until he obtained and read his DA Form 759 and DA Form 759-1 that he noticed the error. 3. The applicant provides a: * Self-Authored report to National Personnel Records Center * DA Form 759 , covering 1971 January – June - reflective of a total of a total of 32 hours of flight time in March; 24 hours is the maximum amount of hours permitted on this form * DA Form 759-1 covering 1971 March - reflective of a total to date of 337 hours of flight time during this period * Extract pages from Sappers in the Wire, The Life and Death of Firebase Mary Ann * General Orders 6349 awarding the Air Medal with “V” Device * National Personnel Records Center response 4. A review of the applicant’s service record shows: a. He enlisted in the Regular Army on 26 June 1967. b. On 13 May 1968, he was released from active duty to accept a Reserve commission c. On 14 May 1968, he was commissioned as a Military Intelligence Officer and placed on active duty. d. He attended Officer Rotary Wing Aviator Course 2C-1981B from 30 September 1968 to 14 February 1969. e. In May 1970 – he was deployed to Vietnam with Co A, 123rd Aviation Battalion (Combat), 23rd Infantry Division with duty as a Rotary Wing Aviator. f. According to the applicant’s report, on 27 March 1971, he flew a night combat mission of 3.5 hours and on 28 March 1971, he flew another night combat mission of 6.1 hours as part of the Night Hawk Team. g. DA Form 759 and DA Form 759-1 show a flight on 27 March 1971 but no flight is listed on 28 March 1971. h. On 6 June 1971, General Order # 6349 awarded him the Air Medal for heroism while participating in aerial flight in the Republic of Vietnam. i. On 8 May 1970 to 16 October 1970 (DA Form 67-6, U.S. Army Officer Efficiency Report), he was rated as a Rotary Wing Aviator. j. On 11 December 1970 to 9 June 1971 (DA Form 67-6) – he was rated as a Night Hawk Pilot for D Troop 1st Squadron, 1st Cavalry organic to the 23d Infantry Division engaged in active combat in Vietnam. k. On 23 April 1972, he was released from active duty and transferred back into the Army Reserve. 5. By regulation AR 600-106 (Personnel General – Aeronautical Designations and Flying Status for Army Personnel) states that in combat or during a national emergency, a maximum of two individuals per observation type aircraft, in units other than Aero Scout Platoon, may be placed on non-crew member flying status as an Air Observer provided air observer duties are performed as a primary duty. Normally, air observer duties are restricted to company grade Officers and Enlisted personnel. Authority to issue flying status orders for personnel occupying positions approved under these provisions, is delegated to commanders in chief of major oversea commands and commanding generals of major Army commands. Authorization for flying status associated .with a position will remain valid until the inherent duties of the position change and frequent and regular aerial flight with attendant flying status is no longer required. Commanders authorized to issue competent orders under this provision will maintain controls which assure termination of flying status authorization at any time that the duties of a position no longer require frequent and regular aerial flight. 6. By regulation AR 672-5-1 (Decorations, Awards, and Honors – Military Awards) states that the Air Medal is awarded to any person who, while serving in any capacity in or with the United States Army, shall have distinguished himself by meritorious achievement while participating in aerial flight. Award of the Air Medal is primarily intended to recognize those personnel who are on current crew member or non- crewmember flying status which requires them to participate in aerial flight on a regular and frequent basis in the performance of their primary duties, however it may also be awarded to certain other individuals whose combat duties require regular and frequent flying in other than passenger status, or individuals who perform a noteworthy act while performing the function of a crew member who are not on flying status as prescribed in AR 600-106. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found partial relief was warranted. The applicant’s contentions were carefully considered. The Board agreed a personal statement alone is insufficient evidence to grant relief for altering his flight record. However, the Board did note that he was awarded the Air Medal with AM with “V” device in 1971; however, it was not listed on his DD Form 214 for the period ending 23 April 1972. 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 adding the Air Medal with “V” device to his DD Form 214 for the period ending 23 April 1972. 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 amending his flight record. 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. 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 600-106 (Personnel General – Aeronautical Designations and Flying Status for Army Personnel) states that in combat or during a national emergency, a maximum of two individuals per observation type aircraft, in units other than Aero Scout Platoon, may be placed on non-crew member flying status as an Air Observer provided air observer duties are performed as a primary duty. Normally, air observer duties are restricted to company grade Officers and Enlisted personnel. Authority to issue flying status orders for personnel occupying positions approved under these provisions, is delegated to commanders in chief of major oversea commands and commanding generals of major Army commands. Authorization for flying status associated .with a position will remain valid until the inherent duties of the position change and frequent and regular aerial flight with attendant flying status is no longer required. Commanders authorized to issue competent orders under this provision will maintain controls which assure termination of flying status authorization at any time that the duties of a position no longer require frequent and regular aerial flight. 3. Army Regulation 672-5-1 (Decorations, Awards, and Honors – Military Awards) states that the Air Medal is awarded to any person who, while serving in any capacity in or with the United States Army, shall have distinguished himself by meritorious achievement while participating in aerial flight. Award of the Air Medal is primarily intended to recognize those personnel who are on current crew member or non- crewmember flying status which requires them to participate in aerial flight on a regular and frequent basis in the performance of their primary duties, however it may also be awarded to certain other individuals whose combat duties require regular and frequent flying in other than passenger status, or individuals who perform a noteworthy act while performing the function of a crew member who are not on flying status as prescribed in AR 600-106. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170011725 4 1