RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  22 February 2007
	DOCKET NUMBER:  AR20060008532 


	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.




The following members, a quorum, were present:





	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, in effect, that his record be corrected to show his entitlement to additional awards of the Air Medal (AM).   

2.  The applicant states, in effect, that upon his departure from the Republic of Vietnam (RVN), he was given both copies of his Individual Flight Record and Flight Certificate (DA Form 759).  He states that while serving in the RVN, he accrued 454 combat flight hours and received the basic AM.  He also states that after talking to several aviators from the RVN era, he was informed that given the number of flight hours he accrued, he should have received additional awards of the AM.  He further states that he is now requesting that his records be corrected to show his additional awards of the AM based on his 454 hours of combat flight hours.

3.  The applicant provides the following documents in support of his application:  Separation Document (DD Form 214); 1st Aviation Brigade Special Orders Number 93, dated 4 April 1969; Headquarters; 1st Aviation Brigade General Orders Number 5205, dated 14 October 1969; and Individual Flight Record and Flight Certificate (DA Form 759).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice that occurred on 14 April 1969.  The application submitted in this case is dated 
30 May 2006.

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's record shows he enlisted in the Regular Army and entered active duty on 24 August 1967.  He was trained in, awarded, and served in military occupational specialty (MOS) 67N (Helicopter Mechanic), and the highest rank he attained while serving on active duty was specialist five (SP5).  

4.  The applicant's Enlisted Qualification Record (DA Form 20) shows he served in the Republic of Vietnam (RVN) from 9 May 1968 through 7 May 1969.  His record shows that during his RVN tour, he was assigned to the 13th Aviation Battalion, performing duties in MOS 67N as a helicopter mechanic and 
crew chief.  

5.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows that he received nothing less than "Excellent" conduct and efficiency ratings at each of his active duty assignments.  Item 41 (Awards and Decorations) shows he earned the following awards during his active duty tenure:  National Defense Service Medal; Aircraft Crewman Badge; Vietnam Service Medal; RVN Campaign Medal; Bronze Star Medal; Air Medal; and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

6.  The applicant's MPRJ is also void of any derogatory information, or a unit commander disqualification that would have precluded the applicant from receiving the Army Good Conduct Medal (AGCM).   

7.  On 21 August 1970, the applicant was honorably separated after completing 
2 years, 11 months, and 28 days of active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time shows he earned the following awards during his active duty tenure:  National Defense Service Medal; Vietnam Service Medal; Air Medal; RVN Campaign Medal with 60 Device; Bronze Star Medal; Sharpshooter Marksmanship Qualification Badge with Rifle Bar; and Aircraft Crewman Badge.

8.  The applicant provides flight records that show he accrued 454 hours of combat flight time as a crew chief between August 1968 and April 1969.  

9.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  Paragraph 2-13 provides guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with his award for each RVN campaign a member is credited with participating in.  

10.  Paragraph 3-15 contains guidance on the AM.  It states, in pertinent part, that it is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  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 AM.  

11.  United States Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided local USARV awards policy.  It also established guidelines for award of the AM in the RVN.  It defined terms and provided guidelines for the award based upon the number and types of missions or hours.  

12.  The USARV awards regulation stated, in pertinent part, that Category I missions were characterized by air assault and equally dangerous missions.  Accrual of 25 hours of flight time on Category 1 missions was required to qualify for an award of the AM.  Category II missions were characterized by support rendered a friendly force immediately before, during or immediately following a combat operation.  Accrual of 50 hours of flight time on Category II missions was required to support award of an AM.  Category III missions were 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.  Accrual of 100 hours of flight time on Category III missions was required to support an award of the AM.  

13.  Chapter 4 of the awards regulation prescribes the policy for award of the 
AGCM.  It states, in pertinent part, that the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years, except in those cases when the period for the first award ends with the termination of a period of Federal military service, in which case a period of more than 1 year is a qualifying period.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.  

14.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during his tenure of assignment in the RVN, the applicant’s unit (HHC 13th Aviation) earned the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  It also confirms that he was credited with participating in the Vietnam Counteroffensive Phase IV, Vietnam Counteroffensive Phase V, Vietnam Counteroffensive Phase VI, and Tet 69 Counteroffensive campaigns. 

DISCUSSION AND CONCLUSIONS:

1.  The flight records provided by the applicant confirm he served in an aviation battalion and accrued 454 hours of combat flight time; however, these flight records do not identify the number and category of missions represented by these flight hours.  Absent any evidence of his participation in Category I or Category II missions, the default presumption must be that he participated in Category III missions, which required 100 flying hours to support each award of the AM.  Therefore, it would be appropriate, based on his accrual of 454 flight hours, to correct his record to show he earned the AM 3rd Oak Leaf Cluster 
(4th Award).  

2.  The applicant's record confirms that he received "Excellent" conduct and 
efficiency ratings at all of his active duty assignments.  Further, the record is void 
of any derogatory information or a specific disqualification by any of the active 
duty unit commanders for whom he served.  As a result, it would be appropriate 
to award him the first award of the AGCM for his qualifying period of honorable active duty service from 24 August 1967 through 21 August 1970. 

3.  The record also shows that based on his RVN service and campaign participation, he is also entitled to the RVN Gallantry Cross with Palm Unit Citation and to 5 bronze service stars with his VSM.  Therefore, it would also be appropriate to add these awards to his record at this time. 

BOARD VOTE:

___x    __x__  ___x_  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for 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:

	a.  showing his entitlement to the Air Medal 3rd Oak Leaf Cluster (4th Award);  

	b.  awarding him the Army Good Conduct Medal, for his qualifying period of active duty service from 24 August 1967 through 21 August 1970; 

	c.  by amending Item 24 of his 21 August 1970 DD Form 214 by deleting the current list of awards and replacing it with the entry "National Defense Service Medal, Bronze Star Medal, Air Medal 3rd Oak Leaf Cluster (4th Award), Army Good Conduct Medal, Vietnam Service Medal with 4 bronze service stars, Republic of Vietnam Campaign Medal with 60 Device, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Aircraft Crewmember Badge, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar"; and 

	d.  providing him a correction to his separation documents that includes these changes.




_____x_____
          CHAIRPERSON




INDEX

CASE ID
AR20060008532
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/02/22
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
1970/08/21
DISCHARGE AUTHORITY
AR635-200 . . . . .  
DISCHARGE REASON
Chapter 2 ETS
BOARD DECISION
Grant
REVIEW AUTHORITY
Mr. Schwartz
ISSUES         1.
107
2.

3.

4.

5.

6.