ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 5 March 2020 DOCKET NUMBER: AR20180004629 APPLICANT REQUESTS: Award of Air Medal (18th through 68th Award). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * Tab 1 – DD Form 149 Continuation Sheet, dated 9 March 2018 * Tab 2 – * Four Letters to Congressional Representatives, dated 24 July 2017, 18 September 2017, 13 December 2017, and 12 February 2018 * Two Letters to Congressional Representatives, U.S. Army Human Resources Command, dated 27 July 2017 and 18 October 2017 * Tab 3 – * Letter to Congressional Representative, Lieutenant Colonel (LTC) , dated 11 November 2017 * Letter to Congressional Representative, LTC , dated 26 November 2017 * Letter, Colonel , dated 26 November 2017 * Memorandum, LTC , dated 22 August 2017, subject: (Applicant) Request for Air Medals Earned and Not Awarded – U.S. Army Reserve Vietnam * Letter, , dated 20 November 2017 * Tab 4 – * Two DA Forms 66 (Officer Qualification Record) * Three DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) * DD Form 215 (Correction to DD Form 214) * Permanent Order 290-001, U.S. Army Human Resources Command, dated 17 October 2017 * Tab 5 – * Summary of DA Form 759 Flight Record Certificates * DA Form 759 (Individual Flight Record – Army Aviator) * Two DA Forms 759-1 (Individual Flight Record and Flight Certificate – Army) * Tab 6 – * Three Letters, Applicant, dated 17 October 1975, 24 June 1981, and 21 August 1982 * Memorandum, U.S. Army Reserve Components Personnel and Administration Center, dated 1 June 1976 * Tab 7 – * Air Medal Descriptions * Army Board for Correction of Military Records (ABCMR) Application Instructions, pages 3 and 4 * Title 10, U.S. Code, Section 1130 * Letter, dated 12 March 2018 REFERENCES: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 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 3-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) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. Paragraph 3-18 provides that the Air Medal is awarded to any person who, while serving in any capacity in or with the Armed Forces of the United States, has distinguished himself or herself by meritorious achievement while participating in aerial flight. Awards may be made to recognize single acts of valor, merit, or heroism, or for meritorious service. 3. Army Regulation 672-5-1 (Awards), in effect at the time, stated the primary purpose of the awards program is to provide tangible evidence of public recognition for acts of valor and for exceptional service or achievement. A maximum of two Air Medal Certificates for meritorious achievement would be issued to eligible recipients during a tour of duty in Vietnam. The first Air Medal Certificate would be issued with the initial award. The second certificate would cover subsequent awards of the Air Medal during the member's tour or assignment and would be issued upon the individual's termination of tour, death, or reassignment to another organization. The second certificate would cover subsequent awards and would read: "Air Medal Second through ____ Award – for meritorious achievement while participating in aerial flight in Vietnam from ____ to ____." 4. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) governed the military awards program in Vietnam during the Vietnam War and provided guidelines for award of the Air Medal based upon the number and types of missions and hours. a. 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. (1) 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. (2) A category II mission was characterized by support rendered a friendly force immediately before, during, or immediately following a combat operation. (3) 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. b. To be recommended for award of the Air Medal, an individual must have completed a minimum of 25 hours category I missions, 50 hours category II missions, or 100 hours 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. FACTS: 1. The applicant did not file within the 3-year time frame as provided in Title 10, U.S. Code, section 1552(b); however, the 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 served in the Active Army as an armed helicopter (gunship) pilot from 30 July 1966 to 17 May 1971 during which time he completed two combat aviation tours in the Republic of Vietnam. b. He is familiar with the Air Medal award standards, which were one award credit for each 25 flight hours of combat missions, one award credit for 50 flight hours of direct combat support missions, or one award credit for 100 flight hours of non-combat missions. c. His first tour of duty from September 1967 through September 1968, he flew 1,061 combat hours and qualified for 42 Air Medals; however, he received only one Air Medal. His second tour from September 1970 to May 1971, he flew 646 combat hours and qualified for 26 Air Medals; however, he received only a second basic Air Medal and a third Air Medal with "V" Device. d. When he was released from active duty, only three Air Medals had been awarded. e. He was issued a DD Form 215 (Correction to DD Form 214) adding the 3rd through 17th Air Medal awards. f. He made three unsuccessful attempts to correct his records through the U.S. Army Reserve Components Personnel and Administration Center in 1975, 1982, and 1985. 3. He enlisted in the Regular Army on 30 July 1966. 4. On 28 August 1967, he was honorably discharged to accept an appointment as a Reserve warrant officer with concurrent orders to active duty. 5. On 29 August 1967, he was appointed as a warrant officer one in military occupational specialty 062B (Helicopter Pilot). 6. Item 18 (Record of Assignments) of his DA Form 66 shows he was assigned to the 334th Armed Helicopter Company, U.S. Army Pacific, Vietnam, effective 27 September 1967. 7. Item 21 (Awards and Decorations) of his DA Form 66 shows: * Headquarters, 1st Aviation Brigade, General Orders Number 72, dated January 1968, awarded him the Air Medal (1st Award) * Headquarters, 1st Cavalry Division, General Orders Number 2176, dated December 1970, awarded him the Air Medal (2nd Award) 8. Headquarters, 1st Cavalry Division, General Orders Number 5101, dated March 1971, awarded him the Air Medal with "V" Device (3rd Award) for heroism while participating in aerial flight in the Republic of Vietnam on 27 February 1971. 9. Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 (Personnel Qualification Record – Part II) shows he was awarded or authorized the: * National Defense Service Medal * Army Aviator Badge * Army Good Conduct Medal * Vietnam Service Medal * Air Medal * Republic of Vietnam Campaign Medal with Device (1960) * three overseas service bars * Distinguished Flying Cross * Silver Star * Bronze Star Medal with 1st Oak Leaf Cluster * Army Commendation Medal * Army Commendation Medal with 2nd Oak Leaf Cluster * Air Medal with "V" Device * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Distinguished Flying Cross with 1st Oak Leaf Cluster * Army Service Ribbon * Armed Forces Reserve Medal * Army Reserve Components Achievement Medal * Army Reserve Components Achievement Medal (2nd Award) * Army Reserve Components Achievement Medal (3rd Award) * Armed Forces Reserve Medal (2nd Award) * Army Reserve Components Achievement Medal (4th Award) * Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber) 9. He was honorably released from active duty on 17 May 1971 and transferred to the U.S. Army Reserve Control Group (Standby Reserve). Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Vietnam Service Medal * Army Commendation Medal * Bronze Star Medal * Silver Star * Distinguished Flying Cross * Air Medal * Air Medal with "V" Device 10. HRC Permanent Order 290-001, dated 17 October 2017, awarded him the Air Medal (3rd through 17th Award) for the period 8 April 1969 to 30 June 1969. 11. On 19 October 2017, he was issued a DD Form 215 (Correction to DD Form 214) for the period ending 17 May 1971, amending item 24 by: a. deleting the following awards: * Vietnam Service Medal * Army Commendation Medal * Distinguished Flying Cross * Air Medal * Air Medal with "V" Device b. adding the following awards: * Distinguished Flying Cross with one oak leaf cluster * Army Commendation Medal with Two Oak Leaf Clusters * Vietnam Service Medal with One Silver Service Star * Valorous Unit Award * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation 12. HRC Permanent Order 303-010, dated 30 October 2018, amended Permanent Order 290-001 to show the period as 10 October 1967 to 5 May 1971. 13. His available records contain no orders or U.S. Army Vietnam Forms 131 (Award and Qualification Record (Air Medal)) for additional Air Medals. 14. An email from the HRC Awards and Decorations Branch, dated 11 July 2019, states: a. The previous HRC response still stands. The applicant is ignoring the fact that the regulation in effect at the time required the completion of 25 Category I missions and 25 hours of flight time to qualify for the Air Medal, not one or the other. b. The DA Forms 759-1 do not annotate the number of missions flown in a given day, HRC can only credit one mission per day regardless of flight hours. It is entirely plausible that the applicant qualifies for additional awards; however, the official record does not provide evidence to justify authorizing additional awards as the award cannot be based solely on flight hours. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents, evidence in the records, and regulatory requirements. The Board noted the facts presented above. Based on a preponderance of evidence, the Board determined that there was no error or injustice in the number of 17 Air Medals awarded nor sufficient evidence to authorize award the 18th through 68th Air Medals in accordance with regulation in effect at the time. 2. After reviewing the application and all supporting documents, the Board found that relief is not warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X :X :X 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 executing the actions described in Administrative Note(s) below. 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 award the 18th through 68th Air Medals. 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): The applicant's DD Form 215 issued on 19 October 2017 correcting his DD Form 214 for the period ending 17 May 1971 deleted the Air Medal and Air Medal with "V" Device, but erroneously omitted adding the Air Medal (3rd through 17 Award) and "V" Device as awarded in: * Headquarters, 1st Aviation Brigade, General Orders Number 72 – Air Medal (1st Award) * Headquarters, 1st Cavalry Division, General Orders Number 2176 – Air Medal (2nd Award) * Headquarters, 1st Cavalry Division, General Orders Number 5101 – Air Medal with "V" Device (3rd Award) * HRC Permanent Order 290-001 – Air Medal (3rd through 17th Award) //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180004629 9 1