IN THE CASE OF: BOARD DATE: 21 March 2023 DOCKET NUMBER: AR20220006540 APPLICANT REQUESTS: award of the Air Medal. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149, Application for Correction of Military Record * DA Form 759, Individual Flight Record and Flight Certificate-Army * DD Form 214, Armed Forces of the United States-Report of Transfer or Discharge FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, U.S. Code, 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, in effect, he completed 58 flight hours and should be awarded the Air Medal. 3. On 28 April 1967, the applicant enlisted in the Regular Army. A review of his DA Form 20, Enlisted Qualification Record, shows – a. He was awarded military occupational specialty 35L, Aviation Communication Repairman. b. He served in the Republic of Vietnam from 7 January 1968 to 7 January 1969. During this period the applicant served as an aviation equipment repairman with the 123rd Aviation Battalion and with the 449th Signal Detachment. 4. The applicant was honorably released from active duty on 4 May 1970. There are no valor awards listed on his DD Form 214. He was awarded or authorized: * National Defense Service Medal * Vietnam Service Medal with one silver service star * Republic of Vietnam Campaign Medal * Army Commendation Medal * Marksman Marksmanship Badge with Rifle Bar 6. The applicant provides a DA Form 759, 2 January 1969, which shows he completed 58 flight hours as a non-crewmember (NCM) between 20 May 1968 and 21 December 1968, as a member of the 449th Signal Detachment, 123rd Aviation Battalion, Vietnam. The category of mission is not listed on this form. A breakdown of his hours is as follows: * August 1968, 8 hours * September 1968, 5 hours * October 1968, 14 hours * November 1968, 19 hours * December 1968, 7 hours * Total 58 hours 7. Regulatory guidance states 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.” BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. The evidence of record shows the applicant served in Vietnam from 7 January 1968 to 7 January 1969. During this period the applicant served as an aviation equipment repairman with the 123rd Aviation Battalion and with the 449th Signal Detachment. His DA Form 759, 2 January 1969, shows he completed 58 flight hours as a non- crewmember (NCM) between 20 May 1968 and 21 December 1968, However, the category of mission is not listed on this form. Regulatory guidance states 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. Because the type of missions is not listed, the Board found insufficient evidence to support awarding him the Air Medal. While the available evidence is insufficient for awarding the applicant the Air Medal, this in no way affects the applicant’s right to pursue his claim for this personal decoration by submitting a request through his Member of Congress under the provisions of 10 USC 1130. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :X :X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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. ? 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) 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. 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. a. 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. b. 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 (Decorations and Awards) 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) AR20220006540 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1