ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 2 May 2019 DOCKET NUMBER: AR20190002147 APPLICANT REQUESTS: award of three Air Medals. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 September 1988 * Letter from U.S. Army Human Resources Command, Awards and Decorations Branch, Fort Knox, Kentucky, dated 25 February 2015 * Letter from the National Archives, dated 13 September 2018 * Witness Statement – Mxxx Hilxxx dated 5 October 2018 * Letter from U.S. Army Human Resources Command, Awards and Decorations Branch, Fort Knox, Kentucky to the applicant’s member of Congress, dated 31 October 2018 * USRV Form 157-1 (Recommendation for Decoration for Valor or Merit) - Air Medal for Mxxx Hilxxx * Air Medal narrative description 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, in effect, he received no Air Medal(s) when he was assigned to Delta Company from April 1970 to March 1971. During this period his unit did a lot of combat mission with choppers. During his first tour in the Republic of Vietnam, he was assigned to the 9th Division in the southern part of the country. He was with that unit for a short period of time when he was wounded and then sent back to the United States. In his short period with the 9th Infantry Division, he states he was awarded three Air Medals. He earned the Air Medals. However, when he was assigned to "Delta Company" he did not receive an Air Medal. 3. The applicant’s complete military records are not available for review. A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973. It is believed that the applicant’s records prior to his service starting in 1975 were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case. 4. His record contains a DD Form 47 (Record of Induction) showing he was inducted into the Army of the United States on 6 February 1968. Also there is a National Archives (NA) Form 13038 (Certificate of Military Service) filed in his record showing he was a member of the U.S. Army from 6 February 1968 to 9 December 1975 and he was honorably discharged for immediate reenlistment. Within his record there are no DD Forms 214 for his enlistment periods during this period of service. 5. There is one incomplete and poor quality DA Form 20 (Enlisted Qualification Record) and one incomplete DA Form 2-1 (Personnel Qualification Record) filed in his record. a. Item 28 (Record of Assignments) of his DA Form 20 shows he was an infantryman and served in the Republic of Vietnam from on or about – * 2 February 1969 to on or about 19 June 1969 with Company D, 3rd Battalion, 60th Infantry, 9th Infantry Division * 20 June 1969 to on or about 1 August 1969 with Company C, 5th Battalion, 60th Infantry, 9th Infantry Division * 1 August 1969 he was in a patient status and transferred to Hawaii * 23 April 1970 to on or about 15 May 1970 with Company C, 1st Battalion, 20th Infantry * 15 May 1970 to 29 March 1971 with Company D, 1st Battalion, 20th Infantry b. Item 5 (Oversea Service) of his DA Form 2-1 shows his foreign service in the Republic of Vietnam as follows [no unit of assignment is identified] – * from 18 January 1969 to 1 August 1969 * from 25 April 1970 to 24 April 1971 6. The DD Form 214 filed in his record and provided by the applicant shows he entered [reenlisted] in the Regular Army on 10 December 1975 and was honorably retired for sufficient length of service on 9 September 1988. This DD Form 214 does not show he was awarded the Air Medal. 7. In support of his application, he provided the following evidence: a. A letter from a former Soldier, Mxxx Hxxx., who attests to the fact he served with the applicant in Headquarters Company, 1st Battalion, 20th Infantry, 11th Brigade, 23rd Americal Division. In his sworn statement he states, "During my time in country I went on 100 plus missions. [He] was sent by helicopter into over 100 combat situations, along with many other soldiers in [his] platoon. It was such missions which qualified [him] to earn the Air Medal…[The applicant] is personally known to me, and served the 100 plus missions right alongside me." He concludes by stating the applicant should receive the Air Medal. (1) The witness provided his DD Form 214 to the applicant for inclusion with his application. (2) Additionally, the witness provided his copy of USRV Form 157-1 (Recommendation for Decoration for Valor or Merit) showing he was recommended for and approved for the Air Medal. b. On 25 February 2015, the Army Human Resources Command, Awards and Decorations Branch responded to his inquiry wherein he requested among other awards the Air Medal with Numeral "3". He was informed by that office, the proponent for the Army awards program, it was not able to verify his entitlement to the Air Medal with Numeral “3”. That office did not issue him a DD Form 215 (Correction to DD Form 214) due to lack of award orders. The staff asked him to send in orders or his DA Forms 638 (Award Recommendation) or similar document to support the fact he was officially authorized this medal. Notwithstanding the fact he did not provide orders, the office did authorize shipment of the Air Medal apparatuses to him apparently based on the fact he provided them with Air Medal certificates. [He did not provide this Board with Air Medal certificates.] c. On 13 September 2018, the National Archives responded to the applicant’s request, submitted through his member of Congress, for unit records for Company D, 1st Battalion, 20th Infantry Regiment, 23rd Infantry Regiment for the period from May 1970 through April 1971. He was informed unit records for the 1st Battalion, 20th Infantry Regiment were found. There were no specific unit records for Company D. During their search they found no references to actions of individual Soldiers. There was no documentation of individuals being recommended for Air Medals found in the records. They explained unit records created during the Vietnam War focus on the actions of entire units; not individuals assigned to said units. d. On 31 October 2018, the Army Human Resources Command, Awards and Decorations Branch responded to his member of Congress by letter. The letter states, "He is authorized the Air Medal with Numeral '3'." They then discuss the process of shipping the medal set to the applicant through the U.S. Army Tank and Automotive Command (TACOM), Life Cycle Management Command. The letter does not provide the source documents used to authorize the medals. e. Two documents from the TACOM, Clothing and Heraldry showing two sets of Air Medals with Numeral “3” were mailed to the applicant. There is no date shown on the invoice document only an awards case number for tracking the shipment. f. From an unknown source, he provides what appears to be a daily synopsis of the combat activities of "Delta Company" in the Republic of Vietnam. A search of the approximately 205 documents does not show the applicant by name is mentioned in the daily synopses nor do the records contain any mention of the Air Medal being awarded to the applicant or anyone else. There is mention of air strikes but there are no aircraft manifests located within the documents provided nor are there any records showing if a Soldier flew in an aircraft what type of mission it might have flown. [For award of the Air Medal during the Vietnam War, there were three types of mission categories considered for the award.] 8. In summary, the evidence of record and the documents provided by the applicant show the Army Human Recourses Command sent him two Air Medal sets; however, they did not update his DD Form 214 based on lack of award orders. It appears he provided copies of Air Medal certificates and based on those certificates the medal sets were ordered. There are no flight crew or non-crew member flight logs in the applicant’s record nor does his record contain applicable flight logs that could be used to verify award of the Air Medal. BOARD DISCUSSION: After reviewing the application and all supporting documents, including the applicant’s statement, the Board found that relief was warranted. The Board agreed that the applicant’s statement, his service record indicating two tours in Vietnam, and HRC’s issuance of Air Medals with numeral 3 indicate that the applicant was awarded three Air Medals and his DD Form 214 is in error. While deliberating about the applicant’s claim, the Board found another error in the applicant’s DD From 214 in that according to the applicant’s service record he served in Korea, which authorizes him the Korea Defense Service Medal (KDSM). 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 Army records of the individual concerned be corrected by amending his DD Form 214 by adding the Air Medal with numeral 3. Additionally, the applicant’s DD Form 214 will be corrected by awarding the applicant the KDSM. 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): N/A 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) states the Air Medal 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 (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. Combat missions were divided into three categories. 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. 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. b. A category II mission was characterized by support rendered a friendly force immediately before, during, or immediately following a combat operation. c. 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. d. 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. 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. 4. U.S Army Vietnam (USARV) Regulation 672-1 provided guidelines for award of the Air Medal for sustained operations. Appendix IV required that recommendations for award of the Air Medal for crewmembers or non-crewmembers on flying status would be submitted on USARV Form 157-R. The recommendation for award must also have stated that the individual “met the required number of missions and hours for award of the Air Medal”; that “the individual has not caused, either directly or indirectly, an aircraft abort, late take-off, accident or incident”; and that the “individual’s accomplishments and service throughout the period have reflected meritorious performance, with no instance of non-professionalism, mediocrity, or failure to display an aggressive spirit.” //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190002147 5 1