ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  31 January 2019  

	DOCKET NUMBER:  AR20170018041


APPLICANT REQUESTS:  40 Air Medals be reflected on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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)
* Copy of Flight Records 

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 flew 1023 combat hours in Vietnam.  He received 16 Air Medals (one with Valor), but should have received 40 Air Medals.  The National Personnel Records Center reports the applicant has no records to show he was authorized the additional Air Medals.  

3.  The applicant:

* entered active duty on 1 March 1966 
* his DA Form 66 (Officer Qualification Record) shows he served in Vietnam from 11 May 1967 to 1 May 1968
* he was assigned to Company D, 229th Aviation Battalion, in the Military Occupational Specialty (MOS) 062B (Helicopter Pilot)  
* he was honorably discharged on 31 December 1969

4.  The applicant’s DD Form 214 shows he was awarded the Air Medal with V Device and 15 OLC.  His records are void of orders awarding him 40 Air Medals.

5.  The applicant provided a DD Form 759 Individual Flight Records and Flight Certificate – Army, dated 24 December 1969 showing he completed the following flight hours:

* Instructor Pilot 767hrs
* First Pilot 1124hrs
* Copilot 20hrs
* Military Student Pilot 222hrs 
* Total Pilot Time 2133hrs
* Pilot Combat Time 1023hrs

6.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided guidelines for award of the Air Medal.  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.  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.  

BOARD DISCUSSION:

The Board considered the applicant’s request with all supporting documents, evidence in the service record and applicable policies and guidance.  The applicant, a Helicopter Pilot, completed 1023 hours of Pilot Combat Time while serving in Vietnam as shown on his DD Form 759, Individual Flight Records and Flight Certificate.  The Board finds the applicant met criteria in accordance with U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) for the award of 40 Air Medals.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

X	      X		     X     	GRANT FULL RELIEF

:   	:	:                GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending the applicant's DD Form 214 to show he received Air Medal with V Device and 39 OLC.
  


	 
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):  Not Applicable



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.  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.  


ABCMR Record of Proceedings (cont)	 AR20170018041
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