IN THE CASE OF: BOARD DATE: 24 January 2024 DOCKET NUMBER: AR20230006495 APPLICANT REQUESTS: in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) ending on 20 April 1972, to show the correct amount of Air Medals he earned. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Applicant's statement with a list of enclosed documents * Summary of monthly and total flying hours * Memorandum - Subject: Gunner's Flying Duty Medical Clearance Statements, 8 April 1970 * Special Orders Number 104, 14 April 1970 * General Orders Number 6135, 9 July 1970 * Air Medal certificate, 9 July 1970 * Memorandum - Subject: Certificate of Flight Status for [applicant], 11 July 1970 * Special Orders Number 310, 6 November 1970 * DA Forms 759 - Part I (Individual Flight Record and Flight Certificate - Army), March 1970 - January 1971 * DA Forms 759-1 - Part II (Individual Flight Record and Flight Certificate - Army), March - September 1970 * Memorandum - Subject: Request for Change in Flight Status Position, 24 January 1971 * General Orders Number 1016, 8 February 1971 * Air Medal certificate, 8 February 1971 * Air Medal citation * DD Form 214, 20 April 1972 * Wikipedia Air Medal extract, 12 March 2023 FACTS: 1. The applicant did not file within the 3-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: a. He requests his records reflect the correct number of Air Medals that could have been awarded to him for flying 1,048 hours as a helicopter door gunner and crew chief in Vietnam. b. Please review this DD Form 149 application along with supporting documentation, to correctly determine the proper number of Air Medals he may have earned while flying in helicopters when in Vietnam from March 1970 to February 1971. He was both a door gunner and crew chief for about 8 months flying on "hueys" with the 119th Assault Helicopter Company and then for another 3 months flying on chinooks with the 147th Assault Support Helicopter Company. c. His records indicate that he has 1,048 hours of flying time. If what he has been reading online is true, that an Air Medal is earned for each 24/25 hours of flying time, then he could have been awarded many more Air Medals than the two he has been awarded. He was awarded two Air Medals, one with a "V" Device for Heroism, and another for meritorious achievement. d. He noticed his DD Form 214 makes no mention of him being awarded any Air Medals or his Aircraft Crewman Badge. He only recently became aware of how Air Medals were earned in Vietnam. On or about 15 January 2023, while he was on his Facebook app, a feed was presented to him to join the "Air Medal Society-Facebook Group." He did join this group and has seen posts from Vietnam aircraft crewman which indicated the number of Air Medals they were awarded. Some of these awards were as high as 40 Air Medals as they were earned for each 24/25 hours of flying time. 3. This case contains administrative corrections. The applicant's record contains documents and evidence that are sufficient to substantiate correction of his DD Form 214 without action by the Board. The Board should only consider the correct amount of Air Medals he earned. 4. A review of the applicant's military records show the following: a. He enlisted in the Regular Army on 26 September 1969 in military occupational specialty 67U (Aircraft Repairman). b. DA Form 20 (Enlisted Qualification Record) shows in: * item 31 (Foreign Service) – he served in Vietnam from 11 March 1970 to 6 February 1971 * item 38 (Record of Assignments) – while serving in Vietnam he was assigned to the 119th Aviation Company from 17 March to 13 November 1970; and the 147th Aviation Company from 17 November 1970 to 6 February 1971 * item 41 (Awards and Decorations) – he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Air Medal with V-Device * Republic of Vietnam Campaign Medal with 1960-Device * One Overseas Service Bar * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) c. Special Orders Number 328 published by Headquarters, U.S. Army Training Center, Infantry, and Fort Dix on 24 November 1969 awarded the applicant the Expert Grenade Badge. d. On 9 July 1970, Headquarters, 1st Aviation Brigade published General Orders Number 6135, which awarded the applicant the Air Medal with "V"-Device. e. On 28 November 1970, Headquarters, 1st Aviation Brigade published General Orders Number 11695, which awarded the applicant the Army Commendation Medal. f. On 8 February 1971, Headquarters, 1st Aviation Brigade published General Orders Number 1016, which awarded the applicant the Air Medal first through fifth award. g. On 20 April 1972, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training). DD Form 214, item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the – * National Defense Service Medal * Army Good Conduct Medal * Vietnam Service Medal * Vietnam Campaign Medal 5. In support of his case, the applicant provides the following: a. A summary of monthly and total flying hours (rounded) which shows a total of 1,048 hours. b. Memorandum - Subject: Gunner's Flying Duty Medical Clearance Statements, dated 8 April 1970, which states he was qualified to perform duty as an aerial gunner. c. Special Orders Number 104 dated 14 April 1970, which authorized him the flying status of Non-Aviator Crewmember. d. Air Medal certificate which shows he was awarded the Air Medal on 9 July 1970. e. Memorandum - Subject: Certificate of Flight Status for [applicant], dated 11 July 1970, which states the applicant had a current class 3 flight physical and was medically qualified to perform flying duties. f. Special Orders Number 310 dated 6 November 1970, which awarded the applicant the Aircraft Crewman Badge (Permanent), effective 3 November 1970. g. DA Forms 759 - Part I (Individual Flight Record and Flight Certificate - Army), period covered March 1970 - January 1971 and DA Forms 759-1 - Part II, period covered March - September 1970, which show in pertinent part: (1) He flew on a total of 129 combat missions during the months of March to October 1970; and he had "2, 6 hours and 10 Direct Combat Support missions toward the 5th OLC [oak leaf cluster] to the air medal". (2) The applicant was awarded and/or authorized to be awarded a total of 5 Air Medals. (3) He had a total of 1,048 flying hours (rounded). h. Memorandum - Subject: Request for Change in Flight Status Position, dated 24 January 1971, which shows the applicant was on flight status and assigned to a Crew Chief position, effective 26 December 1970. i. Air Medal certificate and citation dated 8 February 1971, which shows he was awarded the Air Medal and states, he actively participated in more than twenty-five aerial missions over hostile territory in support of operations against communist aggression. During all of these flights, he displayed the highest order of air discipline and acted in accordance with the best traditions of the service. j. Wikipedia Air Medal extract dated 12 March 2023, which describes the Air Medal and provides the criteria for awarding the Air Medal. ? 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 based on the evidence in the service record and supporting documentation provided by the applicant that he had the required number of flying hours for award of the Air Medal with Numeral 21. The Board determined the applicant had 1,048 flight hours at Class II at 50 hours. Based on this, the Board granted relief to award the Air Medal with Numeral 21 2. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to more accurately depict the military service of the applicant. 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 April 1972, to award him the Air Medal with Numeral 21. 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): 1. The applicant's DD Form 214 should be corrected by amending item 24 as follows: a. Delete in item 24 – * Vietnam Service Medal * Vietnam Campaign Medal b. Add in item 24 – * Air Medal with "V"-Device * Army Commendation Medal * Vietnam Service Medal with three bronze service stars * Republic of Vietnam Campaign Medal with 1960-Device * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * Expert Qualification Badge with Hand Grenade Bar * Overseas Service Bar * Aircraft Crewman Badge 2. A review of the records listed below (enclosed) is sufficient to substantiate correction of the DD Form 214 without action by the Board. * DD Form 214 * DA Form 20 (Enlisted Qualification Record) * Special Orders Number 328, 24 November 1969 * General Orders Number 6135, 9 July 1970 * General Orders Number 11695, 28 November 1970 * Special Orders Number 310, 6 November 1970 * Department of the Army General Orders (DAGO) Number 5, 1973 * DAGO Number 11, 1973 * Army Regulation (AR) 600-8-22 (Military Awards) * AR 635-5 (Separation Documents) * DA PAM 672-3 (Unit Citation and Campaign Participation Credit Register) REFERENCES: 1. Title 10, USC, 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 (AR) 15–185 (Army Board for Correction of Military Records (ABCMR)) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. In pertinent part, it states that 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. The ABCMR will decide cases based on the evidence of record. The ABCMR is not an investigative agency. 3. AR 600-8-22 (Military Awards) states that 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. The version of the regulation in effect at the time the applicant served stated that an Oak Leaf Cluster would be awarded to denote the second and subsequent awards of the Air Medal. However, the regulation currently in effect provides that Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal. The numeral 2 denotes the second award of the Air Medal. 4. AR 95-1 (Army Aviation - General Provisions and Flight Regulations) 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 (Individual Flight Record and Flight Certificate Army) and the DA Form 759-1 (Individual Flight Record and Flight Certificate-Army). The "Mission Symbol" column on the DA Form 759-1 lists a single character for the mission symbol [type of mission/identification]. During the Vietnam War, the following mission symbols were used: * T - Training: Missions flown for flight review, tactical flight training, proficiency requirements, annual minimum requirements, and authorized training exercises. * C - Combat: Missions flown against the enemy within the range of his countermeasures. * S - Service: Missions with purposes other than training, maintenance, or combat. * F - Maintenance Test Flight: Mission flown to determine the airworthiness of an aircraft. 5. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided, in pertinent part, guidelines for award of the Air Medal. It defined terms and provided guidelines for the award based upon the number and types of missions or hours. "Twenty-five" (25) 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. (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" 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 time and adjust it to a common denominator. 6. AR 635-5 (Separation Documents) prescribes the separation documents that will be furnished to each individual who is separated from the Army. In pertinent part, paragraph 2-41 states, for item 24 of the DD Form 214 to enter from DA Form 20 all decorations, service medals, campaign credits, and badges awarded or authorized, omitting authorities cited therein. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230006495 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1