IN THE CASE OF: BOARD DATE: 13 September 2023 DOCKET NUMBER: AR20230001186 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 15 August 1973 to show award of 15 Air Medals. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * Department of Veterans Affairs Form 21-4138 (Statement in Support of Claim), 13 October 2020 * DA Form 759 (Individual Flight Record and Flight Certificate – Army – Part I), Sheet 5 * DA Form 759-1 (Individual Flight Record and Flight Certificate – Army – Part II), Sheet 5-1 * DD Form 214 * DA Form 759, Sheet 10 * DA Form 759-1, Sheet 10-1 * National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) for the period ending 31 March 1980 * Army Board of Corrections of Military Records (ABCMR) Letter, 30 June 2022 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 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 his DD Form 214 shows 13 Air Medals and he has enough flight time for 15 Air Medals. He has 754 hours of flight time in combat in Vietnam and should have been awarded 15 Air Medals. 3. He was appointed as a commissioned officer in the U.S. Army Reserve in the rank/grade of second lieutenant/O-1 on 30 July 1970 and he entered active duty on 29 October 1970. 4. Headquarters, 1st Aviation Brigade, General Orders Number 951, 7 February 1973, awarded him the Air Medal (2nd through 13th Award). 5. His DA Form 759, sheet 5, covering the period July 1973 through August 1973 shows he completed a total of 754 combat mission hours as either a first pilot, copilot, or military student pilot. The form does not show the type of combat missions flown (category I, category II or category III). Sheet 5-1 covering the period July and August 1973 shows he completed 12 training missions during the period covered, totaling 19 hours, as follows: * six training missions as a first pilot, totaling 11 hours * six training missions as a copilot, totaling 8 hours 6. His DA Form 66 (Officer Qualification Record) shows in: a. item 17 (Foreign Service), he received overseas tour credit for service in Vietnam from 26 August 1972 through 31 March 1973; b. item 18 (Record of Assignments), he was assigned to the 62d Aviation Company, U.S. Army Pacific, Vietnam, from 26 August 1972 to 27 March 1973; and c. item 21 (Awards and Decorations), no Air Medals. 7. He was honorably released from active duty in the rank/grade of first lieutenant/O-2 on 15 August 1973. He completed 2 years, 9 months, and 17 days of net active service during this period. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the following awards: * Bronze Star Medal * Republic of Vietnam Gallantry Cross with Silver Star (2nd Award) * Air Medal (13th Award) * two overseas service bars * Republic of Vietnam Campaign Medal with Device (1960) * Vietnam Service Medal with one campaign star * Army Aviator Badge * National Defense Service Medal 8. Department of the Army General Orders Number 8, 19 March 1974, confirmed award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973. 9. He provided: a. his DA Form 759, sheet 10, covering the period October 1978 through September 1979 showing he completed a total of 754 combat mission hours as either a first pilot copilot (presumed to be carried forward from the DA Form 759, sheet 5, covering the period July 1973 through August 1973 since U.S. forces did not participate in any combat missions after 29 January 1973 until 23 October 1983). The form does not show the type of combat missions flown (category I, category II or category III); b. his DA Form 759, sheet 10-1, covering the period October 1978 through September 1979 showing he completed 12 training missions during the period covered, totaling 18.5 hours, as follows: * 13 missions as a first pilot, totaling 71 hours * 15 training missions as a copilot, totaling 68 hours c. his NGB Form 22 showing he resigned his commission on 31 March 1980. He completed 5 years and 19 days of net service during this period. Item 18 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded This Period) of his NGB Form 22 lists the following awards: * National Defense Service Medal * Army Aviator Badge * Republic of Vietnam Gallantry Cross with Silver Star (2nd Award) * Air Medal (13th Award) * Bronze Star Medal * two overseas service bars * Republic of Vietnam Campaign Medal with Device (1960) * Vietnam Service Medal with one campaign star BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not 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 insufficient evidence the applicant had the required number of combat flying hours for award of the 15 Air Medal. Evidence in the record show his mission symbol as “T” for training not “C” for combat. The Board noted, there was no record as to the type of combat missions flown (category I, category II or category III); Based on regulatory guidance the and absence of supporting documentation that supports the applicant’s claim, the Board denied relief. 2. This board is not an investigative body. The Board determined despite the absence of the applicant’s flight records, they agreed the burden of proof rest on the applicant, however, he did not provide sufficient supporting documentation and his service record has insufficient evidence to support the applicant contentions for award of his 15 Air Medal. 3. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction be completed to more accurately depict the military service of the applicant. ? 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: Except for the correction addressed in Administrative Note(s) below, the Board found 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. ADMINISTRATIVE NOTE(S): The applicant is authorized administrative correction of his DD Form 214 for the period ending 15 August 1973 to show award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation without Board action. 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, stated the Air Medal was 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 DA Form 759-1. 4. The "Mission Data" column of the DA Form 759-1 lists a single character for the mission identification. During the Vietnam War, the following mission identification codes 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 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. U.S. Army Vietnam 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 a U.S. Army Vietnam 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) AR20230001186 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1