IN THE CASE OF: BOARD DATE: 8 February 2023 DOCKET NUMBER: AR20220006993 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) * Two (2) DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) * Three (3) DD Forms 759 and 759-1 (Individual Flight Record and Flight Certificate – Army) (Parts I and II) FACTS: 1. The applicant did not file within the 3-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, a. Despite having over 200 hours of combat flight time in Vietnam during 1971 to 1972, he was never awarded an Air Medal. He understands that they were awarded for 25 hours of combat flight time, with oak leaf clusters for each additional 25 hours. He left Vietnam on short notice due to the "Early Out Program.” b. He served with C Troop 7th of the 1st Calvary in Vinh Long. When the 7/1 Calvary was deactivated on 21 January 1972, he was transferred to the 175th Assault Helicopter Company, also in Vinh Long, and ceased flying on 9 February 1972. His flying times are documented on DD Forms 759 and 759-1. c. He assumed that the Air Medal would come after the fact, as other decorations did upon completion of his first tour in Vietnam. After leaving Vietnam, he got busy with attending college and then starting his career. Now that he has grandchildren, he would like to receive the Air Medal reflecting his service as a combat helicopter pilot. 3. The applicant provides: a. Two (2) DD Forms 214 as follows: (1) Period covering 4 November 1966 through 4 September 1967, shows he was honorably discharged under the provisions of Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), paragraph 5-4, separation program number (SPN) 214, to accept a commission as an officer in the Army. He served 10 months and 1 day of net service this period. (2) Period covering 5 September 1967 through 20 February 1972, shows he was honorably relieved from active duty and reverted to U.S. Army Reserve Control Group under the provisions of Department of the Army Message 161855Z Aug 71, SPN 611. He served 4 years, 5 months, and 16 days of net service this period. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) reflect: * National Defense Service Medal * Vietnam Campaign Medal with 60 Device * Purple Heart (2 oak leaf cluster) * Bronze Star Medal * Two Overseas Bards * Vietnam Service Medal * Army Aviation Badge b. Three DD Forms 759 and 759-1 (Individual Flight Record and Flight Certificate – Army) (Part I) and (Part II) as follows: (1) Period covering 1971 October – November, Section VI (Record of Flying Time) shows he had a total of 18 hours as first pilot and 64 hours as co-pilot. (2) Period covering 1971 December and 1972 January, Section VI (Record of Flying Time) shows he had a total of 42 hours as first pilot and 70 hours as co-pilot. (3) Period covering 1972 January – February, Section VI (Record of Flying Time) shows he had a total of 10 hours as first pilot and 3 hours as co-pilot. 4. A review of the applicant’s service record shows: a. He was inducted in the Army of the United States on 4 November 1966. b. As previously stated in paragraph 3a (1) above, he was honorably discharged on 4 September 1967 to accept a commission as an officer in the Army. c. He served with C Troop 7th of the 1st Calvary and later with the 175th Assault Helicopter Company, both located in Vinh Long. d. He was honorably relieved from active duty and reverted to U.S. Army Reserve Control Group. 5. Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s petition and available military records the Board determined there was sufficient evidence the applicant had the required number of flying hours for award of the Air Medal. In addition, the Board determined the applicant’s record was absent awards earn for his period of service in the Republic of Vietnam. Based on this, the Board determined relief was warranted and granted relief. to correct the applicant’s record to show award of the Air Medal, Vietnam Counteroffensive Phase V and VI and the Republic of Vietnam Gallantry Cross w/ Palm Unit Citation. 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 amending his DD Form 214 for the period ending 20 February 1972, by awarding him the * Air Medal * Vietnam Counteroffensive Phase V * Vietnam Counteroffensive Phase VI * Republic of Vietnam Gallantry Cross with Palm Unit Citation Delete- Vietnam Service Medal Add – Vietnam Service Medal w/ 2 bronze stars 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 672-5-1 (Decorations and Awards) states 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. The Air Medal, established by Executive Order on 11 May 1942, is awarded to any person who, while serving in any capacity in or with the Army 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 merit or sustained operational activities against an armed enemy. The required achievement, while of lesser degree than that required for the award of the Distinguished-Flying Cross, must nevertheless have been accomplished with distinction above and beyond that normally expected. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220006993 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1