RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  21 February 2007
	DOCKET NUMBER:  AR20060008976 


	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

Mr. Michael L. Engle

Analyst

The following members, a quorum, were present:


Ms. Marla J. N. Troup

Chairperson

Mr. John G. Heck

Member

Mr. Donald L. Lewy

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, in effect, correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show all of his awards and decorations, to include the Air Medal, Presidential Unit Citation, Meritorious Unit Commendation, Valorous Unit Award, Marksmanship Qualification Badges, and Republic of Vietnam awards.

2.  The applicant states that he served with the 61st Aviation Company and the 159th Engineer Company during two tours of duty in the Republic of Vietnam.  

3.  The applicant provides copies of his DD Form 214, service record, orders for the Bronze Star Medal, Air Medal (Ninth Oak Leaf Cluster) Army Good Conduct Medal, and the Meritorious Unit Commendation.


CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 29 July 1968, the date of his release from active duty.  The application submitted in this case is dated 12 June 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.  On 16 September 1963, the applicant enlisted in the Regular Army for 
2 years.  He completed basic combat training and was assigned to Fort Rucker, Alabama for aviation training. 

4.  On 8 October 1964, the applicant was honorably discharged for the purpose of accepting an appointment as an aviation warrant officer.  He was so appointed on 9 October 1964 and awarded military occupational specialty O61B (Airplane Pilot).

5.  On 7 January 1965, the applicant was assigned for duty as a fixed wing aviator with the 61st Aviation Company, in the Republic of Vietnam.  He continued to perform these duties until his return to the United States on 
27 December 1965.  

6.  On 29 December 1967, the applicant was again assigned for duty in the Republic of Vietnam, this time as a helicopter pilot with the Aviation Platoon, 159th Engineer Group (Construction).  He continued to perform these duties until his return to the United States on 22 July 1968.

7.  On 29 July 1968, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Reinforcement).  He had attained the rank of Chief Warrant Officer Two, pay grade W2 and had completed 4 years, 10 months and 14 days of creditable active duty.

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, effective 8 October 1964, lists his awards as the Sharpshooter Marksmanship Qualification Badge with Rifle Bar and the Marksman Marksmanship Qualification Badge with Pistol Bar.  

9.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, effective 29 July 1968, lists his awards as the National Defense Service Medal, Air Medal with Ten Oak Leaf Clusters), Armed Forces Expeditionary Medal, Vietnam Service Medal, Army Aviator Badge, and the Vietnam Campaign Medal with "1960" Device. 

10.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Forms 214.

11.  General Orders Number 43, United States Army Aviation School Regiment, Fort Rucker, Alabama, dated 22 September 1964, awarded the applicant the Army Good Conduct Medal for the period from 16 September 1963 to 8 October 1964.

12.  General Orders Number 1029, Headquarters, United States Army Vietnam, date unavailable, awards the applicant the Air Medal with Ten Oak Leaf Clusters. The records indicate that this was awarded to him during his first tour of duty in the Republic of Vietnam.

13.  The applicant’s individual Flight Record and Flight Certificate-Army (DA Form 759), for the period from 1 January through 12 July 1968 (second tour of duty in the Republic of Vietnam) shows that he had accumulated 418 hours of combat flight time and had completed 1,097 combat missions.

14.  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.

15.  Army Regulation 600-8-22 (Military Awards) 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.

16.  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.  

17.  Special Orders 124, United States Army Aviation School Element, Fort Stewart, Georgia, dated 1 July 1967, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Pistol Bar.

18.  General Orders Number 702, Headquarters, 20th Engineer Brigade, dated 11 July 1968, awarded the applicant the Bronze Star Medal for meritorious service during the period from December 1967 to July 1968, while assigned for duty in the Republic of Vietnam.

19.   Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following six campaigns: the Vietnam Advisory, the Vietnam Defense, the Vietnam Counteroffensive, Phase III, the TET Counteroffensive, 1968, the Vietnam Counteroffensive, Phase IV, and the Vietnam Counteroffensive, Phase V.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star denotes participation in five campaigns.

20.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 61st Aviation Company, during the time of the applicant's assignment, was cited in general orders for award of the Meritorious Unit Commendation.  This publication further shows that the 159th Engineer Group, during the time of the applicant's assignment, was cited in general orders for award of the Meritorious Unit Commendation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  

21.  Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  General Orders and the applicant's records show that he was awarded the Air Medal with ten Oak Leaf Clusters during his first tour of duty in the Republic of Vietnam.  During his subsequent tour to the Republic of Vietnam, he completed another 418 hours of aerial combat operations and 1,097 missions, qualifying for award of another sixteen Air Medals.  Therefore, his records should be corrected to show that he was awarded the Air Medal with Numeral 27. 

2.   General Orders show that the applicant was awarded the Bronze Star Medal. Therefore, his records should be corrected to show this award.

3.  General Orders show that the applicant was awarded the Army Good Conduct Medal.  Therefore, his records should be corrected to show this award.

4.  General Orders show that two of the applicant's units were awarded the Meritorious Unit Commendation.  Therefore, his records should be corrected to show two awards of this unit award.

5.  General Orders show that the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation.  Therefore, his records should be corrected to show these foreign unit awards. 

6.  Records show that the applicant participated in six campaigns during his service in the Republic of Vietnam.  Therefore, he is authorized a silver and a bronze service star to be affixed to his Vietnam Service Medal.  

7.  Special Orders show that the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Pistol Bar.   Therefore, his records should be corrected to show this award. 

8.  There is no evidence of record, nor has the applicant provided any evidence to show that his unit was awarded the Presidential Unit Citation or the Valorous Unit Award.

9.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 29 July 1968; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
28 July 1971.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence or argument, it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

_MJNT __  __JGH __  __DLL  _  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: 

	a.  awarding him the Air Medal with Numerals 12 through 27; and	

	b.  showing that, in addition to the awards shown on his DD Forms 214, his authorized awards include the Air Medal with Numeral 27, Bronze Star Medal, Army Good Conduct Medal, Meritorious Unit Commendation with First Oak Leaf Cluster, Sharpshooter Marksmanship Qualification Badge with Rifle and Pistol Bars, Vietnam Service Medal with a silver and a bronze service star, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation. 

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 award of the Presidential Unit Citation and Valorous Unit Award.  



 




      _  Marla J. N. Troup_______
          CHAIRPERSON




INDEX

CASE ID
AR20060008976
SUFFIX
 
RECON
 
DATE BOARDED
20070221 
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
 
DISCHARGE REASON

BOARD DECISION
Grant
REVIEW AUTHORITY

ISSUES         1.
107.000
2.

3.

4.

5.

6.