ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 11 January 2019 DOCKET NUMBER: AR20170012594 APPLICANT REQUESTS: Correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Air Medal. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * 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 states he was awarded the Air Medal, but it is not listed on his DD Form 214. While he was assigned to A Company, 1st Battalion, 502nd Infantry (101st Airborne) in Vietnam from 13 March 1970 to 14 February 1971 as a combat infantryman, he was involved in over 35 combat assaults and removals, more than one involved a hot landing zone. He was given the medal, but it is not reflected on his DD Form 214. 3. A review of the applicant’s service records shows the following: a. He was inducted in the Army of the United States on 24 September 1969. b. He served in Vietnam from 13 March 1970 to 13 February 1971. c. He received all “excellent” conduct and efficiency ratings throughout his military service. d. He was honorably released from active duty on 2 September 1971. His DD Form 214 shows he served 1 year, 11 months, and 9 days of active service and he was awarded or authorized: * National Defense Service Medal * Vietnam Service Medal with one bronze service star * Vietnam Campaign Medal with “60” Device * Combat Infantryman Badge * Bronze Star Medal * Army Commendation Medal 4. 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 United States Army Human Resources Command failed to reveal any orders for the Air Medal. His records are void of orders awarding him the Air Medal. 5. By regulation: 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. 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. BOARD DISCUSSION: 1. The Board considered the applicant’s request with all supporting documents, evidence in the service record and applicable policies and guidance. There is no evidence to support the Air Medal to show the applicant 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. 2. There is sufficient evidence to award the Army Good Conduct Medal as listed under administrative notes below. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X X X DENY APPLICATION BOARD DETERMINATION AND 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 for correction of the records of the individual concerned. 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): 1. The Board determined the evidence presented is sufficient to warrant award of the Army Good Conduct Medal. As a result, amend his DD Form 214 by: * awarding him the Army Good Conduct Medal (1st Award) for the period 24 September 1969 through 2 September 1971 * adding to his DD Form 214 the Army Good Conduct Medal (1st Award) 2. A review of the applicant’s records shows he is authorized additional awards not listed on his DD Form 214. As a result, amend his DD Form 214 by adding the: * Republic of Vietnam Gallantry Cross with Palm Unit Citation, awarded to his unit during the period 20 July 1965 to 28 March 1973 by DA General Orders Number 8, dated 1974 * Expert Marksmanship Qualification Badge with Rifle Bar (M-16), awarded to him by Special Orders Number 322 on 18 November 1969 * three bronze service stars with his already awarded Vietnam Service Medal 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 (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. 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. 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. 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. AR 600-8-22 (Military Awards) states a bronze service star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal. 5. Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973. ABCMR Record of Proceedings (cont) AR20170012594 4 1