ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 26 February 2019 DOCKET NUMBER: AR20180010038 APPLICANT REQUESTS: Reconsideration of his earlier request for award of the Air Medal. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self-Authored Statement * Excerpt of DA Form 20 (Enlisted Qualification Record) * Special Orders (SO) Number 207 (Assignment Orders) * SO Number 314 (Duty Assignment Orders) * SO Number 35 (Military Occupational Specialty (MOS) Orders) * Unit Orders Number 28 (MOS Change Orders) * DA Form 759-1 (Individual Flight Record and Flight Certificate – Army) for SCC * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * DD Form 215 (Correction to DD Form 214) * Army Board for Correction of Military Records (ABCMR) Record of Proceedings for Docket Number AR2015005198 * Letter of Support from SCC * Two letters from the Awards and Decorations Branch (ADB), U.S. Army Human Resources Command (HRC) * Army Review Boards Agency (ARBA) Response for reconsideration * Excerpt of a letter from an archives technician * Article, The EMUs Then and Now FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR2015005198 on 5 January 2016. 2. The applicant states he would like to be awarded the Air Medal for combat service in the Vietnam War between 1968 and 1969. He adds that he believes the Army lost, misplaced or destroyed his flight records. 3. The applicant provides: a. A self-authored statement in which he states: (1) He served in Vietnam from 8 August 1968 to 30 May 1969. He enclosed an article “The EMUs Then and Now” to show why his records may have been missing or misplaced. His records do not show a correct timeline of his duties as he never spent time working maintenance while in Vietnam. He provides (although not included) a document dated 5 November 1968 which shows he was authorized flight pay. His flight hours would have occurred in late September and/or October 1968. (2) In the ABCMR decision it stated his assigned from 3 August 1968 to 30 May 1969 was first with the 614th Transportation Detachment from 9 August 1968 to 4 November 1969 as a helicopter mechanic and from 5 November 1968 to 25 January 1969 as a helicopter repairman helper. This can be disputed by the 5 November 1968 flight pay document. No maintenance mechanics ever received flight pay. From the beginning of his service on 5 January 1968 he was assigned as a helicopter maintenance crewmember. (3) It does not really matter anymore what happened prior to 5 November 1968 because of this mismanagement of his records. He and the Board can agree that the documents he submitted show he was a door gunner on 26 January 1969 until 3 April when he was moved to crew chief. His last day of duty was on the evening of 29 May 1969, at which time he was relieved of duty and put on emergency leave due to his mother’s illness. He did not request to go home; he was ordered to. (4) He was able to contact his pilot, SCC, in 2015 after 40 years. He told the applicant he would personally deliver a letter to the Board confirming his flight hours and position as a door gunner/crew chief, but was told to mail the letter to the Board. (5) It was of no fault of his that his flight records became lost or misplaced. He never ever saw his flight records or was in possession of them during his service. He has been told no one can investigate this issue from the ABCMR. He hopes the Board can use SCC’s records to confirm his award of the Air Medal. He is at the end of his life and only has his daughter to carry on his service history during Vietnam. It is very important that she and her children one day be able to share in their family’s proud military history and know how much he sacrificed for his country. b. An excerpt of DA Form 20 which shows he was a door gunner/crew chief with the 135th Assault Helicopter Company from 26 January 1968 to 29 May 1969. c. SO Number 207, dated 9 August 1968, which show the applicant was assigned to the 614th Transportation Detachment. d. SO Number 314, dated 14 November 1968, which show he was assigned as a nonaviator-crewmember crew chief. e. SO Number 35, dated 5 February 1969, which show he was awarded MOS 67A1F. f. Unit Orders Number 28, dated 1 April 1969, which show his MOS was changed from 67A1F to 67N2F. g. DA Form 759-1, dated January 1969, which shows the individual flight record and flight certificate (hours) for SCC. h. ABCMR Record of Proceedings pertaining to Docket Number AR20150005198 which summarized the applicant’s request and the action of the Board. (1) In his submission, he requested: * correction of his service number and social security number * award of the Aircraft Crewman Badge * award of the Air Medal * research pertaining to his flight records (2) The Board granted partial relief: * granted award of the Aircraft Crewman Badge (i.e., Basic Aviation Badge) * denied relief of correction of his service number and social security number * denied award of the Air Medal * denied further research pertaining to his flight records i. A letter of support from SCC, dated 21 June 2016, which states he served in combat in Vietnam with the applicant from 26 January 1969 through May 1969. The applicant risked his life for his country and saved his (SCC) on numerous occasions and has yet to be awarded all the honors and citations he and his family so belatedly deserve. The Board denied the Air Medal because there were not flight records. A fire destroyed many military records in 1973, including some of his (SCC’s). One of his most talented and dedicated crew chiefs (the applicant) has been denied the Air Medal. In the absence of the applicant’s records, he submits his individual flight records and the following: * he served with the applicant as an aircraft commander earning multiple Air Medals while their unit was involved in direct combat assaults * in January 1969, he flew 38.1 hours with the applicant as his door gunner * he knew the applicant prior when he served as a crew chief * in February and March 1969, he flew 218.8 hours during which the applicant served initially as his door gunner then transitioned to the role of crew chief * in April and May 1969, he flew 109.4 hours during which the applicant served as his crew chief j. A response from ADB, HRC, dated 16 April 2016, which states they would like to take action regarding the award of the Air Medal; however, due to the lack of documentation provided, they were unable to facilitate the request. k. A response from ARBA to SCC, dated 20 June 2018, which states there was no documentation showing he had legal authority to submit an application for the applicant and therefore needed additional information. l. A response from ADB, HRC, dated 22 June 2018, which states they were unable to take administrative action regarding award of the Air Medal because ABCMR has denied his application and is the highest adjudicating authority. m. An excerpt from an archives technician, which states, in pertinent part, that no record was found to show that the applicant was authorized the Air Medals. The technician advised him to submit a packet to ABCMR. n. An article, “The EMUs Then and Now,” which summarizes some of the applicant’s unit’s involvement in the Vietnam War. The applicant previously mentioned this would capture why his records were lost or misplaced. 4. A review of the applicant’s service records shows the following: a. He enlisted in the Regular Army on 21 August 1967. b. He served in Vietnam from 3 August 1968 to 30 May 1969. From 26 January 1969 to 2 April 1969, his principal duty was as a door gunner, and from 3 April to 29 May 1969, he performed principal duty as a crew chief. During these periods he was assigned to the 135th Assault Helicopter Company. c. He was honorably released from active duty on 18 February 1970. His DD Form 214, as amended by his DD Form 215, shows he completed 2 years, 5 months, and 28 days of active service. It also shows he was awarded or authorized: * National Defense Service Medal * Vietnam Service Medal with three bronze service stars * Vietnam Campaign Medal with “1960” Device * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * 1 overseas bar * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Basic Aviation Badge 5. 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 HRC, failed to reveal an award of the Air Medal for the applicant. Additionally, the available records are void of orders or flight records pertaining to the applicant. 6. 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. BOARD DISCUSSION: After review of the application and all evidence, the Board determined there is sufficient evidence to grant relief. The eyewitness statement provided with the reconsideration substantiates his service during flights; however, there is no record of flight hours specifically during CAT 1 missions. The AM granted should cover his period of service while deployed as attested to by the witness statement. 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 awarding him the Air Medal for service 3 August 1968 – 30 May 1969, and adding the Air Medal to his DD Form 214 for the period ending 18 February 1970. 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. Army Regulation (AR) 600-8-22 (Military Awards), currently in effect, provides Army policy, criteria, and administrative instructions concerning individual military decorations. a. Paragraph 1-27 (Announcement of awards) states awards of decorations and the Army Good Conduct Medal will be announced in permanent orders by the appropriate awards approval authority. b. 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: (1) 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. (2) 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. (3) 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. 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. ABCMR Record of Proceedings (cont) AR20180010038 7 1