ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 2 March 2020 DOCKET NUMBER: AR20190012977 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Air Medal. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), dated 1 July 2019 * Witness Statement, dated 3 October 1967 * unidentified newspaper article, "Colonel's Snoring Helped," undated * Air Medal Certificate, dated 4 November 1967 * DD Form 214 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, U.S. 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 he was awarded the Air Medal. 3. On 27 December 1965, the applicant enlisted in the Regular Army in the rank/grade of private/E-1. 4. He completed training and he was awarded military occupational specialty (MOS) 65N20 (Turbo Helicopter Mechanic). 5. He served in Vietnam during the period 20 July 1966 through on or about 21 February 1968. While in Vietnam, he participated in three campaigns while serving as a helicopter mechanic and assigned to Battery E, 82nd Artillery Regiment, 1st Calvary Division (Airmobile). 6. Item 39 (Awards, Decorations, and Campaigns) of his DA Form 20 (Enlisted Qualification Record) shows he was awarded or authorized the – * Vietnam Service Medal * National Defense Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Army Commendation Medal * three overseas bars 7. He provided copies of: a. an unidentified witness statement, dated 3 October 1967, wherein the writer indicated the applicant was the crew chief and he was shot down over Chu Lai, Vietnam, in a helicopter. The crew had left Tam Ky and was on their way to Landing Zone Baldy. The helicopter was hit while answering a distress call from a downed helicopter from the 101st Airborne Brigade. A .50 caliber round hit behind where the applicant was seated and through the engine cooler and landed on his duffle bag. The engine lost oil and froze. The helicopter crash landed in a rice field while another helicopter landed beside them after running out of fuel. They set up a perimeter, surrounded by the enemy. They were rescued 14 hours later. b. a copy of his Air Medal Certificate, dated 4 November 1967, that shows the medal was awarded for "heroism while participating in aerial flight on 3 October 1967 in the Republic of Vietnam." c. an unidentified news article, "Colonel's Snoring Helped," undated, which reports on two down helicopters in Vietnam. 8. 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 the Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal any orders for award of the Air Medal pertaining to the applicant. 9. On 16 December 1968, he was honorably released from active duty. His DD Form 214 shows in: a. item 22c (Foreign and or Sea Service) – U.S. Army Pacific, 1 year, 7 months, and 2 days, b. item 23 (Specialty Number and Title) – 67N20, Turbo Helicopter Mechanic, and c. item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – * National Defense Service Medal * Army Commendation Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M16) * Letter of Commendation 10. His available records are void of orders and any evidence he was awarded the Air Medal. 11. His records are void of any derogatory information or evidence of a commander's disqualification for award of the Army Good Conduct Medal (1st Award) for the period 27 December 1965 through 16 December 1968. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his record of service to include his service in Vietnam, his MOS and unit of assignment, and the awards shown on his separation documents. The Board considered the witness statement provided, a newspaper article and the Air Medal certificate referencing events of 3 October 1967. The Board noted the signatory on the Air Medal certificate was the Commanding General, 1St Cavalry Division during the date of the award. The Board considered the absence of orders showing award of the Air Medal; the Board further considered the applicant’s conduct and efficiency ratings and the absence of derogatory information that would preclude award of the Army Good Conduct Medal. Based on a preponderance of evidence, the Board determined that a correction of the applicant’s record was appropriate. The Board concurred with the corrections stated in the Administrative Note(s) below. 2. After reviewing the application and all supporting documents, the Board found that relief was warranted. 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 the Air Medal for the applicant’s actions on 3 October 1967; - Awarding the applicant an Army Good Conduct Medal, and; - Amending the DD Form 214 for the period ending 16 December 1968 by adding to item 24 (Decorations, Badges…) – “AM” and “AGCM” and the awards stated in the Administrative Note(s) that follow. 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 was awarded or authorized the following awards not listed on his DD Form 214: * three bronze service stars to his previously-issued Vietnam Service Medal * Meritorious Unit Commendation (2nd Award) * Republic of Vietnam Gallantry Cross with Palm Unit Citation 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. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided guidelines for award of the Air Medal and defined terms and provided guidelines for the award based upon the number and types of missions or 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. 3. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal (AGCM) was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. The enlisted person must have had all "excellent" conduct and efficiency ratings. Ratings of "unknown" for portions of the period under consideration were not disqualifying. There must have been no convictions by a court- martial. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders. 4. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), in effect at the time, listed the awards received by units serving in Vietnam. This pamphlet shows Battery E, 82nd Artillery, was cited for award of the: a. the Meritorious Unit Commendation for the period 1 November 1966 to 30 April 1967 by Department of the Army General Order (DAGO) Number 17, dated 1968, and for the period 1 May 1967 to 28 February 1969 by DAGO 36, dated 1970, and b. Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 to 19 May 1969 by DAGO Number 59, dated 1969. c. one bronze service star is authorized for the Vietnam Service Medal for each campaign for combat service within the territorial limits for Vietnam and adjacent waters. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190012977 4 1