ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 17 April 2019 DOCKET NUMBER: AR20170012531 APPLICANT REQUESTS: * In effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Combat Infantryman Badge * Award of the Air Medal * Any other awards APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Special Orders (SO) Number 359 (Reassignment Orders) * Department of Veterans Affairs (VA) Disability Ratings * DD Form 214 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 is eligible for additional awards not reflected on his DD Form 214. As a result these awards will be added to his DD Form 214 as administrative corrections and do not require action by the Board. The Board will consider the award of the Air Medal and the Army Good Conduct Medal. 3. The applicant states he received the Combat Infantryman Badge and was issued a medal when he processed out of Vietnam. He was an M-60 Gunner with C Company 2nd Battalion, 501st Infantry Regiment and he should have been awarded the Air Medal for combat service as he participated on multiple air assault missions in the Vietnam War between 1970 and 1971. His combat duties required regular and frequent flying. He requests any and all medals and awards that he may be entitled to. He believes he rates these medals and awards because he earned them during his military service. 4. The applicant provides: * SO 359, dated 25 December 1970 which show he was reassigned to Company E, 2nd Battalion, 501st Infantry, reporting on 10 December 1970. * VA Disability Rating, which shows he is rated at 60% service-connected disability 5. A review of the applicant’s service records shows the following: a. He was inducted into the Army of the United States on 21 April 1970. b. He served in Vietnam from 17 September 1970 to 16 September 1971. He was assigned to C Company 2nd Battalion, 501st Infantry Regiment. c. SO 36, dated 5 February 1971 awarded the applicant the Combat Infantryman Badge. d. His DA Form 20 (Enlisted Qualification Record) shows excellent conduct and efficiency ratings. His record is void of derogatory information or a record of trial by court-martial. e. He was honorably released from active duty on 15 December 1971. His DD Form 214 shows he completed 1 year, 7 months, and 25 days of active service. It also shows he was awarded or authorized: * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal with “1960” device * Army Commendation Medal * 2 overseas service bars * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) * Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber) * Sharpshooter Marksmanship Qualification Badge with Mortar Bar (.81mm) 6. A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1970 and 1971 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal additional awards for the applicant including the Air Medal. 7. His service record is void of orders awarding the Air Medal or a record of flight records. 8. U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) stated passenger personnel who did not participate in an air assault were not eligible for the award based upon sustained operations. The award was 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. 9. By regulation, the Army Good Conduct Medal could be awarded, 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. A Soldier's conduct and efficiency ratings must have all been recorded as “excellent” or higher. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that partial relief was warranted. Based upon the orders found within the applicant’s service record showing the applicant was previously awarded the Combat Infantryman Badge and that award not currently appearing on his DD Form 214, the Board recommended granting that portion of the request. Additionally, the Board noted the administrative notes below from the analyst of record which depict additional awards the applicant is authorized and are not currently reflected on his DD Form 214 and recommends they too be added. However, because the applicant failed to provide any flight records and none were located within his military service record, the Board concluded there is insufficient evidence to award the Air Medal. For that reason, the Board recommended denying that portion of the request. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF AS: MM: CW: 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 following awards to the applicant’s DD Form 214: * Combat Infantryman Badge * Vietnam Service Medal with two bronze service stars * Valorous Unit Award * Republic of Vietnam Gallantry Cross with Palm Unit Citation 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 awarding the Air Medal. 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 awards not listed on his DD Form 214. As a result, amend his DD Form 214 to add: * Combat Infantryman Badge * Vietnam Service Medal with two bronze service stars * Valorous Unit Award * Republic of Vietnam Gallantry Cross with Palm Unit Citation REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions for individual military decorations. a. The Air Medal is awarded to any person who while serving in any capacity in or with the Armed Forces of the United States, who has 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 below: (1) Awards may be made 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, which are of a lesser degree than required for award of the Distinguished Flying Cross. (2) Awards may be made for a single act of meritorious achievement, involving superior airmanship, which are of a lesser degree than required for award of the Distinguished Flying Cross, but nevertheless were accomplished with distinction beyond that normally expected. (3) Awards 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 consecutive months (a month is considered 30 calendar days). In this regard, accumulation of a specified number of hours and missions will not serve as the basis for award of the Air Medal. b. The Army Good Conduct Medal is awarded for exemplary conduct, efficiency, and fidelity in active Federal military service. It is awarded on a selective basis to each Soldier who distinguishes himself or herself from among his or her fellow Soldiers by their exemplary conduct, efficiency, and fidelity throughout a specified period of continuous enlisted active Federal military service. 2. U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided guidelines for awards. a. 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. b. The Army Good Conduct Medal is awarded for each 3 years of continuous enlisted active Federal military service. The enlisted person must have had all “excellent” conduct and efficiency ratings. There must have been no convictions by a court-martial. ABCMR Record of Proceedings (cont) AR20170012531 4 1