ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 14 May 2019 DOCKET NUMBER: AR20170013860 APPLICANT REQUESTS: additional awards of the Air Medal. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * DD Form 215 (Correction to DD Form 214) * DA Form 20 (Enlisted Qualification Record) * General Orders (GO) Number 976, dated 10 October 1969 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 14 awards of the Air Medal for participating in aerial flights in Vietnam from 12 July 1968 to 14 March 1969. He served in a medical evacuation capacity, as a medic, with the 45th Medical; Company from 15 June 1968 to 12 June 1969. He then transferred to the 54th Medical Company as a medic, flying out of Chu Lai in I Corps are until 29 September 1969. He did not receive any Air Medals for his time from March 1969 to September 1969. Part of this time was with the 45th Medical Company and part was with the 54th. He believes he should have received 6 or 7 more Air Medal. 3. Review of the applicant’s service records shows: a. He enlisted in the Regular Army on 4 May 1967. b. He served in Vietnam from 23 October 1967 to on or about 8 January 1970. According to his DA Form 20, he was assigned to: * 45th Medical Company, from 15 June 1968 to 13 June 1969 * 54th Medical Company, from 13 June 1969 to 28 September 1969 * 29 September 1969 to 6 January 1970, 91st Evacuation Hospital c. Headquarters, 44th Medical Brigade, Vietnam, published the following GO: * GO Number 126, on 16 February 1969, Air Medal (10th Oak Leaf Cluster), from 21 June 1968 to 10 November 1968 * GO Number 976, on 10 October 1969, Air Medal (11th Oak Leaf Cluster through 14th Oak Leaf Cluster), from 11 November 1968 to 14 March 1969 d. He was honorably released from active duty on 8 January 1970. His DD Form 214 show she was awarded or authorized: * National Defense Service Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Vietnam Service Medal * Vietnam Campaign Medal * 4 overseas service bars * Air Medal (1st Oak Leaf Cluster) * Purple Heart e. On 21 July 1971, he was issued a DD Form 215 that amended his DD Form 214 to show the Army Good Conduct Medal and the Air Medal (14th Oak Leaf Cluster). 4. His service records do not contain order awarding him additional awards of the Air Medal. His flight record is not available for review. 5. By regulation (AR 600-8-22), award of the Air Medal requires a formal recommendation, approval through the chain of command, and announcement in orders. BOARD DISCUSSION: After review of the application and all evidence, the Board determined there is insufficient evidence to grant relief. The applicant’s contentions were carefully considered. His flight is not available for review, and there are no additional orders or evidence to corroborate the statements of the applicant showing he received more than 15 Air Medals. Based upon the preponderance of evidence, the Board agreed to deny relief. 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: 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. 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 600-8-22 (Military Awards) provides for award of the Air Medal. It 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 announcement in orders are required. 3. U.S. Army Vietnam Regulation 672-1 provided guidelines for award of the Air Medal. It established that 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. 4. Title 10 of the U.S. Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion. Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration. Based upon such review, the Secretary shall determine the merits of approving the award. The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to: Commander, U.S. Army Human Resources Command, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. The unit must be clearly identified, along with the period of assignment and the recommended award. A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638. Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents. Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request. The burden and costs for researching and assembling supporting documentation rest with the applicant. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170013860 4 1