IN THE CASE OF: BOARD DATE: 1 March 2023 DOCKET NUMBER: AR20220010193 APPLICANT REQUESTS: the Air Medal with "Numeral 5" and a personal hearing before the Board. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * self-authored statement, 27 June 2022 * DA Form 759 (Individual Flight Record and Flight Certificate - Army), Part I, Sheet 5, October 1972 – May 1972 * DA Forms 759-1 (Individual Flight Record and Flight Certificate – Army), Part II, * Sheet 5-1, November – December 1971 * Sheet 5-2, January 1972 * Sheet 5-3, February 1972 * Sheet 5-4, March 1972 * Sheet 5-5, April 1972 * Sheet 5-6, May 1972 * DA Forms 759 (Individual Flight Record and Flight Certificate – Army, Part I) * Sheet 8, July 1973 – June 1974 * Sheet 13, October 1977 – September 1978 * Sheet 16, February – July 1982 * Sheet 22, October 1984 – September 1985 * Sheet 26, October 1988 * Officer Record Brief (OER), March 1988 * DD Form 214 (Certificate of Release or Discharge from Active Duty), 31 October 1988 ? 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, five additional Air Medals be awarded for flying 345 hours of dangerous combat support missions while serving in and from Vietnam during 1971 to 1972. He was awarded the basic Air Medal for the first 50 hours of combat support missions and subsequent awards for the remaining 295 hours were not awarded. 3. The applicant commissioned in the Army Aviation Branch on 12 October 1968. 4. His DA Form 2-1 (Personnel Qualification Record) shows he served in Vietnam from 10 November 1971 to 4 June 1972, during which time, he was assigned to the 146th Aviation Company from 12 November 1971 to 4 June 1972. 5. A DA Form 759 Part I (Individual Flight Record and Flight Certificate - Army) sheet number 5 covers the period of October 1971 through May 1972 and shows the applicant completed a total of 88 unspecified combat missions and 318 combat mission hours as either an aircraft commander, a first pilot, or a co-pilot. These forms do not show the type of combat missions flown (Category I, Category II or Category III). a. Sheet number 5-1, for the period of November and December 1971, shows he completed 14 unspecified combat missions during the period covered, totaling 48 hours. (1) 4 unspecified combat missions as a first pilot, totaling 13 hours. (2) 10 unspecified combat missions as a copilot, totaling 35 hours. b. Sheet number 5-2, for the period of January 1972, shows the applicant completed 22 unspecified combat missions during the period covered, totaling 52 hours. (1) 14 unspecified combat missions as a first pilot, totaling 50 hours. (2) 8 unspecified combat missions as a copilot, totaling 32 hours. c. Sheet number 5-3, for the period of February 1972, shows he completed 17 unspecified combat missions during the period covered, totaling 57 hours. (1) 10 unspecified combat missions as a first pilot, totaling 32 hours. (2) 7 unspecified combat missions as a copilot, totaling 25 hours. d. Sheet number 5-4, for the period of March 1972, shows he completed 9 unspecified combat missions during the period covered, totaling 27 hours. (1) 7 unspecified combat missions as a first pilot, totaling 19 hours. (2) 2 unspecified combat missions as a copilot, totaling 8 hours. e. Sheet number 5-5, for the period of April 1972, shows he completed 26 unspecified combat missions during the period covered, totaling 98 hours. (1) 16 unspecified combat missions as a first pilot, totaling 62 hours. (2) 10 unspecified combat missions as a copilot, totaling 36 hours. f. Sheet number 5-6, for the period of May 1972, shows he completed 10 unspecified combat missions during the period covered, totaling 33 hours. (1) 2 unspecified combat missions as an aircraft commander, totaling 8 hours. (2) 7 unspecified combat missions as a first pilot, totaling 21 hours. (3) 1 unspecified combat mission as a copilot, totaling 4 hours. 6. The applicant's DA Form 2-1 and Officer Record Brief contains the following assignment information: a. He was assigned various duty locations within the continental united states between 30 June 1972 and 19 December 1980. b. He was assigned to Germany from 13 January 1981 to 29 July 1984. c. He was again assigned within the continental united states from 1 October 1984 until his retirement. 7. Five DA Forms 759 Part I (Individual Flight Record and Flight Certificate - Army) sheet numbers 8, 13, 16, 22 and 26 cover the period of July 1973 through October 1988. These theses forms, which do not record any new combat hours or missions, however show: * Sheet 8 (July 1973 to June 1974) - accrual of 50 flight hours * Sheet13 (October 1977 to September 1978) - accrual of 82 flight hours * Sheet 16 (February 1982 to 8 July 1982) - accrual of 22 flight hours * Sheet 22 (October 1984 to September 1985) - accrual of 138 flight hours * Sheet 26 (October 1988) - shows the applicant completed 345 combat flight hours as a Pilot during his career 8. The applicant retired on 31 October 1988; his DD Form 214 shows he was awarded or authorized the: * Army Service Ribbon * Bronze Star Medal * Meritorious Service Medal (3rd Award) * Air Medal * Army Commendation Medal * Army Achievement Medal * Meritorious Unit Commendation (Army) * National Defense Service Medal * Vietnam Service Medal with 3 bronze service stars * Armed Forces Reserve Medal * Overseas Service Ribbon * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Master Army Aviator Badge 9. A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any additional orders for the Air Medal pertaining to the applicant. 10. The regulatory guidance in effect at the time provided required, 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. BOARD DISCUSSION: 1. 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 category I and II combat missions along with the number of flying hours for award of the Air Medal with “Numeral 5". Based on this, the Board granted relief to award the Air Medal w/ Numeral 5. 2. The applicant’s request for a personal appearance hearing was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. 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 31 October 1988, by awarding him the Air Medal with “Numeral 5. 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 (Military Awards), in effect at the time, states the Air Medal is awarded to any person who, while serving in any capacity in or with the Army of the United States, shall have distinguished himself 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, or for heroic acts in, aerial flight. 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 beyond that normally expected. A maximum of two Air Medal certificates for meritorious achievement will be issued to eligible recipients during a tour of duty in Vietnam, or assignment to same organization having award authority. The first Air Medal certificate will be issued with the initial award. The second certificate will cover subsequent awards of the Air Medal during the member's tour or assignment and will be issued upon individual's termination of tour, death, or reassignment to another organization. 3. Army Regulation 95-1 (Flight Regulation) covers aircraft operations, crew requirements, and flight rules. The regulation specifies that each crew member must present his or her individual flight records to the unit of assignment. The flying experience and qualification data for each rated crew member and flight surgeon in aviation service and each non-rated crew member will be documented on several forms among which are the DA Form 759 and the DA Form 759-1 (Individual Flight Record and Flight Certificate-Army (Aircraft Closeout). 4. The "Mission Data" column on the DA Form 759-1 lists a single character for the mission identification (ID). During the Vietnam War, the following Mission IDs were used: Mission Symbol Service Missions A Acceptance test Flight F Maintenance Flight S Service Mission T Training Flight X Experimental Test Flight C Combat Mission 5. 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 the 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. 6. USARV Regulation 672-1 further 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." 7. Army Regulation 15-185 prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. The ABCMR considers individual applications that are properly brought before it. The ABCMR will decide cases on the evidence of record. It is not an investigative body. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220010193 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1