RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 January 2005
      DOCKET NUMBER:  AR20050004780


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Maria C. Sanchez              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. Thomas M. Ray                 |     |Member               |
|     |Mr. Randolph J. Fleming           |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests award of Air Medal for the period December 1970
through December 1971.

2.  The applicant states that he flew approximately 651 hours.  He
continues that based on the rule that an Air Medal is awarded for every 25
hours flown in combat time, he is authorized an additional 26 awards of the
Air Medal.

3.  The applicant provides six pages of DA Form 759-1 (Individual Flight
Record and Flight Certificate – Army) covering the period April 1971
through November 1971.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 2 May 1972, the date of his separation.  The application
submitted in this case is dated 25 March 2005.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant enlisted in the Army on 4 November 1965.  The applicant
was honorably discharged on 5 December 1966.  On 6 December 1966, he was
appointed as a reserve warrant officer of the Army.

4.  The applicant's service records contain a 1st Cavalry Division General
Orders Number 1364, dated 29 March 1967, which awarded him the Air Medal
for the period 19 January 1967 through 8 February 1967.

5.  The applicant's service records also contain a 1st Cavalry Division
General Orders Number 7488, dated 19 December 1967, which awarded him the
Air Medal with First through Seventeenth Oak Leaf Clusters [currently known
as Air Medal with Numeral 18] for the period 11 February 1967 through 22
November 1967.

6.  The applicant's DD Form 214 (Armed Forces of the United States Report
of Transfer or Discharge) with an effective date of 14 November 1969 shows
one award of the Air Medal.

7.  The applicant's DD Form 214 with an effective date of 2 May 1972, does
not list award of the Air Medal.

8.  In addition to the DA Forms 759-1 submitted by the applicant, his
service records contain DA Forms 759-1 covering the period October 1970
through November 1971.  These records show he flew 596 hours as a first
pilot or co-pilot during combat missions in Vietnam.

9.  The applicant's service records do not contain any documentation that
shows how many combat hours he flew for the month of December 1971.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, 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.

11.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards)
provided, in pertinent part, guidelines for award of the Air Medal.  It
established that 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.

12.  Army Regulation 600-8-22 provides, in pertinent part, 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.



DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he flew 651 hours during the period December
1970 through December 1971 which entitles him to an additional 26 awards of
the Air Medal.

2.  General Orders show the applicant was awarded 18 Air Medals for the
period 19 January 1967 through 22 November 1967.

3.  Flight records show he flew a total of 596 combat hours during the
period of October 1970 through November 1971 which equates to an additional
23 Air Medals.

4.  Based on both tours of duty in Vietnam, the applicant is entitled to a
total of 41 Air Medals, correctly identified as Air Medal with Numeral
"41."

5.  Therefore, the applicant's DD Form 214 with an effective date of 2 May
1970 should be corrected to show award of the Air Medal with Numeral "41."

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__RJF__  _WDP___  _TMR___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by showing he was awarded
the Air Medal with Numeral "41."

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
three additional awards of the Air Medal in excess of the 23 additional
awards of the Air Medal as a result of this case.




                                   _Williams D. Powers____
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050004780                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060105                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  64   |107.0018/AM                             |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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