ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 7 October 2019 DOCKET NUMBER: AR20170015178 APPLICANT REQUESTS: award of the Air Medal and its addition to his DD Form 21 (Armed Forces of the United States Report of Transfer or Discharge from Active Duty). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Affidavit * 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 (ABCMR) 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: a. He attended his Vietnam reunion for Company F, 52nd Infantry, 75th Regiment, 1st Infantry Division on 28 July 2017. During one of their members meeting, he discovered that all members present were awarded the Air Medal during their combat missions with their unit. Members were surprised that he had not been awarded the Air Medal because they were on the same regularly combat missions. He was instructed to apply for his Air Medal by completing the DD Form 149. b. His combat duties required regular and frequent flying in other than passenger status. He participated in aerial flight on a regular and frequent basis in the performance of his primary combat duties. He contributed to the operational land combat missions. On many occasions, he was involved in air-land combat assault against an armed enemy and those directly involved in airborne command and control of combat operations. He is requesting the Air Medal for his meritorious achievement while participating in combat aerial flights. 3. Review of the applicant’s service record shows: a. He enlisted in the Regular Army on 8 June 1967 and he held military occupational specialty 11B (Light Weapons Infantryman). b. His DA Form 20 (Enlisted Qualification Record) contains the following information in: (1) Item 31 (Foreign Service) – he served in Vietnam from 20 May 1968 to 19 May 1969. (2) Item 38 (Record of Assignments) – he was assigned to: * Company F, 52nd Battalion, 1st Infantry Division, from 28 May 1968 to 19 February 1969 * Company A, 1st Battalion, 28th Infantry Division, from 20 February to 22 January 1969 (3) Item 41 (Awards and Decorations) – does not list the Air Medal. c. He was honorably released from active duty on 16 March 1970 and was transferred to the U.S. Army Reserve Control Group. His DD Form 214 shows he completed 2 years, 10 months, and 9 days of active service. This form also shows he was awarded/authorized the: * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal * Parachutist Badge * Combat Infantryman Badge d. His available record is void of a DA Form 759 (Individual Flight Record and Flight Certificate (Flight Hours), DA Form 759-1 (Individual Flight Record and Flight Certificate (Aircraft Closeout), and orders awarding the Air 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 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. 5. U.S. Army Vietnam 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. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was not warranted. The applicant’s contentions and affidavit were carefully considered. Based upon the documentary evidence provided by the applicant and found within his military service record, the Board concluded that his record is absent evidence showing he was recommended for nor awarded the Air Medal. The Board agreed there was no error or injustice ein this case. 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 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) 95-1 (Flight Regulation) covers aircraft operations, crew requirements, and flight rules. The regulation specifies that each crew member must present his or her individual flight records to the unit of assignment. The flying experience and qualification data for each rated crew member and flight surgeon in aviation service and each non-rated crew member will be documented on several forms among which are the DA Form 759 (Individual Flight Record and Flight Certificate (Flight Hours) and the DA Form 759-1 (Individual Flight Record and Flight Certificate (Aircraft Closeout). The "Mission Data" column on the DA Form 759-1 lists a single character for the mission identification (ID). During the Vietnam War, the following Mission IDs were used: Mission Symbol Service Missions A Acceptance Test Flight F Maintenance Flight S Service Mission T Training Flight X Experimental Test Flight C Combat Mission 3. AR 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions for individual military decorations. The regulation states 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: a. 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. b. 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. c. 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. 4. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided guidelines for awards. The regulation stated for award of the Air Medal, 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170015178 4 1