RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  31 May 2007
	DOCKET NUMBER:  AR20060015675 


	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. Gerard W. Schwartz

Acting Director

Mr. John J. Wendland, Jr.

Analyst

The following members, a quorum, were present:


Mr. William F. Crain

Chairperson

Mr. Donald L. Lewy

Member

Mr. Roland S. Venable

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, review of his flight records and award of the appropriate number of Air Medals.

2.  The applicant states, in effect, that his discharge document shows one award of the Air Medal.  The applicant also states, in effect, that the flight records that he provides show he performed combat missions that qualify him for additional awards of the Air Medal.

3.  The applicant provides copies of 2 DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge), with effective dates of 20 April 1969 and 15 January 1971; 12 DA Forms 759-1 (Individual Flight Record and Flight Certification - Army), for the period July 1969 through June 1970; and Contra Costa County, Veterans Service Office, Martinez, California letter, dated 21 November 2006, subject: [Applicant's Name], Case #:  AR20060015675.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 15 January 1971, the date of his release from active duty (REFRAD).  The application submitted in this case is dated 30 October 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 military service records show that he enlisted in the U.S. Army Reserve (USAR) on 1 April 1968 and entered active duty in the Regular Army on 13 May 1968 to attend Warrant Officer Flight Training (WOFT).  Upon completion of WOFT, the applicant was honorably discharged to accept appointment as a warrant officer with concurrent call to active duty.  On 21 April 1969, the applicant was appointed in the USAR, in the rank of warrant officer one (WO1)/pay grade W-1, in military specialty 100BO (Helicopter Pilot, Utility).


4.  The applicant's military service records show that he was assigned to the
45th Medical Company (Air Assault), 68th Medical Group in Vietnam, from 5 July 1969 through 10 July 1969.  On 11 July 1969, he was reassigned to the
159th Medical Detachment, 68th Medical Group (Vietnam), where he served as a medical evacuation pilot until 30 June 1970.  The applicant was honorably REFRAD on 15 January 1971 after completing a total of 2 years, 8 months, and 3 days active service.

5.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 41 (Awards and Decorations), shows that the applicant was awarded the National Defense Service Medal and Expert Marksmanship Qualification Badge with Rifle Bar.

6.  The applicant's DA Form 66 (Officer Qualification Record), Item 17 (Foreign Service), shows that he served in the Republic of Vietnam from 2 July 1969 through 1 July 1970.  Item 22 (Campaigns) of this document shows that he participated in the Vietnam Summer-Fall 1969 campaign.  Item 21 (Awards and Decorations) of the DA Form 66 shows that the applicant was awarded the 
Air Medal, National Defense Service Medal, Army Aviator Badge, Republic of Vietnam Campaign Medal with "1960” Device, and 2 Overseas Service Bars.  Item 23 (Qualification in Arms) shows that he qualified "Expert" with the
.38 caliber pistol and M-16 automatic rifle.

7.  The applicant's military service records contain a copy of Headquarters,
44th Medical Brigade (Vietnam), General Orders Number 879, dated
10 September 1969, which show that he was awarded the Air Medal for meritorious achievement while participating in sustained aerial flight in support of combat ground forces in the Republic of Vietnam during the period 12 July 1969 to 22 July 1969.

8.  The applicant's DD Form 214, with an effective date of 15 January 1971, shows in Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) that he was awarded the Air Medal, National Defense Service Medal, Republic of Vietnam Campaign Medal with "1960” Device, Vietnam Service Medal, Combat Medical Badge, and Army Aviator Badge.

9.  The applicant's military service records contain a copy of a DA Form 1577 (Authorization for Issuance of Awards), dated 17 November 1980.  This document shows that the U.S. Army Reserve Component Personnel Administration Command, St. Louis, Missouri, authorized and issued the following awards to the applicant:  Air Medal; Meritorious Unit Commendation with 1 Oak Leaf Cluster; National Defense Service Medal; Vietnam Service Medal with 4 bronze service stars; Combat Medical Badge; Army Aviator Badge; Expert Marksmanship Qualification Badge with Automatic Rifle, Rifle, and Pistol Bars; Republic of Vietnam Campaign Medal with "1960” Device; Republic of Vietnam Gallantry Cross with Palm Unit Citation; and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

10.  In support of his application, the applicant's provides copies of his DD Forms 214 and 12 DA Forms 759-1 covering the period July 1969 through June 1970.  His DD Form 214 shows, in pertinent part, that he was awarded the Air Medal.  The DA Forms 759-1, in pertinent part, document the applicant's record of flying time and show the dates, aircraft type, mission category, and flight hours accrued by the applicant while assigned to the 159th Medical Detachment during the period 12 July 1969 through 27 June 1970.  These documents show that while assigned to the unit, the applicant performed duty as first pilot and aircraft commander flying combat missions on UH-1H ("Huey") helicopters.  These documents also show, in pertinent part, 248 combat mission entries during which the applicant accrued a total of 384 hours as first pilot and 557 hours as aircraft commander, for a combined total of 941 flight hours during the period.

11.  A closer review of the DA Forms 759-1 provided by the applicant shows that errors were made on some of the Individual Flight Records in Item 31 (Totals This Sheet) and, as a result, the errors subsequently impacted Item 32 (Total Brought Forward from Sheet No. ___).  This review shows, in pertinent part, that the applicant actually accrued a total of 375 hours as first pilot and 555 hours as aircraft commander, for a combined total of 930 flight hours during this period.  

12.  A review of the applicant's military service records reveals that he may be entitled to additional awards that are not shown on his DD Form 214.

13.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists the campaigns for Vietnam.  This document shows that the applicant participated in the following 4 campaigns:  Vietnam Summer-Fall 1969, Vietnam Winter-Spring 1970, Sanctuary Counteroffensive, and Vietnam Counteroffensive Phase VII campaigns.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that, at the time of the applicant's assignment to the 45th Medical Company, 68th Medical Group (Vietnam), the unit was cited for award of the Meritorious Unit Commendation by Headquarters, Department of the Army, General Orders Number 24 (1972).  This document also shows that, at the time of the applicant's assignment to the 159th Medical Detachment,
68th Medical Group (Vietnam), the unit was cited for award of the Meritorious Unit Commendation by Headquarters, Department of the Army, General Orders Number 24 (1972).

15.  Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant's assignment to the 159th Medical Detachment, 68th Medical Group (Vietnam), the unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Headquarters, Department of the Army, General Orders Number 5 (1971).  This document also shows that, at the time of the applicant's assignment, the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army, General Orders Number 5 (1973).

16.  Army Regulation 600-8-22 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.

17.  U.S. Army Vietnam (USARV) 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.  This document defined a mission as the departure of an aircraft from a base camp to a nonsecure landing zone and return and that an additional mission may be credited for each additional landing zone used.  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.

18.  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 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.

19.  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.

20.  Army Regulation 600-8-22 also provides that Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  For example, the numeral 2 denotes the second award of the Air Medal.

21.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.

22.  Army Regulation 600-8-22 provides, in pertinent part, for award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal, which includes the Vietnam Service Medal.

23.  Army Regulation 600-8-22, provides, in pertinent part, that effective
1 March 1961 the Meritorious Unit Commendation was authorized for units and/or detachments of the Armed Forces of the United States for exceptionally meritorious conduct in the performance of outstanding services for at least
6 continuous months in support of military operations.  This document also provides that an oak leaf cluster is authorized for wear for each additional award of the Meritorious Unit Commendation.

24.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), in pertinent part, states that unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached by competent orders to and present for duty with the unit during the entire period or for at least
30 consecutive days of the period cited.

25.  Army Regulation 600-8-22 provides, in pertinent part, that the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation is awarded by the Vietnamese government as a unit award for meritorious service.
26.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and Decorations) provided for the processing of foreign awards and decorations presented to individuals and units.  It states, in pertinent part, that the Republic of Vietnam Gallantry Cross Unit Citation was awarded in four degrees:  with Palm, with Gold Star, with Silver Star, and with Bronze Star.

27.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.

28.  Army Regulation 670-1, in effect at the time, governs the requirements for the Overseas Service Bar.  In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1, or appropriate Department of the Army message.  For Vietnam service, 1 Overseas Service Bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam are counted as whole months for credit toward the Overseas Service Bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that he is entitled to additional awards of the Air Medal based on the total number of combat missions and flight hours he accrued as a medical evacuation pilot in Vietnam.

2.  The evidence of record shows that the applicant performed duty as a medical evacuation pilot in Vietnam during the period July 1969 through June 1970.  The evidence of record also shows that a category II mission was characterized by support rendered a friendly force immediately before, during, or immediately following a combat operation and that for award of the Air Medal an individual must have completed a minimum of 50 category II missions and 50 flight hours.  Therefore, based on the available evidence, it is presumed that the applicant consistently performed category II-type combat missions during this period.

3.  The evidence of record shows that the applicant was awarded the Air Medal for meritorious achievement from 12 July 1969 to 22 July 1969.
4.  The evidence of record shows 248 separate entries representing combat missions performed by the applicant on 242 different days during the period
12 July 1969 through 27 June 1970.  The evidence of record also shows that the applicant actually accrued a total of 375 hours as first pilot and 555 hours as aircraft commander, for a combined total of 930 flight hours during the period under review.   While the total number of missions can not be determined from the available documentation, it does show that the applicant performed combat missions on 248 separate occasions during this period.  In reviewing the records, given the number of hours flown on these occasions, it is evident the applicant was routinely participating in more than one combat mission (as defined in the governing USARV regulation) on most all of these occasions.  As a result, based on the type of aircraft flown and its mission in Vietnam, there is a presumption that the applicant accrued the requisite number of category II combat missions (i.e., 50) in Vietnam as he accrued the minimum number of required flight hours (i.e., 50).  In view of the foregoing, the evidence of record supports the fact that the applicant accumulated the requisite number of category II combat missions and flight hours to qualify for a total of 18 awards of the Air Medal while serving as a medical evacuation pilot performing category II combat missions in Vietnam during the period 12 July 1969 through 27 June 1970.  (Note:  The adjusted (corrected) total number of flight hours does not impact the total number of additional Air Medals (incorrectly) documented on DA Forms 759-1.  That is, both the correct and incorrect totals equate to 18 Air Medals.)  As a result, based on the regulatory guidance in effect at the time and the available evidence, the applicant met the requirements for 17 additional awards of the Air Medal for meritorious achievement in aerial flight during sustained operations.  Therefore, the applicant's records should be corrected to show a total of 18 awards of the Air Medal.

5.  Records show that the applicant served in 4 campaigns in Vietnam.  Therefore, he is entitled to correction of his records to show award of 4 bronze service stars to be affixed to his Vietnam Service Medal.

6.  The evidence of record shows that the two units to which the applicant was assigned in Vietnam were both awarded the Meritorious Unit Commendation.  Therefore, it would be appropriate to correct his records to show award of the Meritorious Unit Commendation with 1 Oak Leaf Cluster.

7.  General Orders awarded the applicant's unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, it would be appropriate to correct his records to show this foreign unit award.
8.  General Orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to correct his records to show this foreign unit award.

9.  The evidence of record shows that the applicant qualified "Expert" with the automatic rifle, rifle, and pistol.  Therefore, it would be appropriate to correct his records to show award of the Expert Marksmanship Qualification Badge with Automatic Rifle, Rifle, and Pistol Bars.

10.  Records show that the applicant served a total of 12 months in Vietnam.  Therefore, he is entitled to correction of his records to show award of 2 Overseas Service Bars.

11.  Records show the applicant should have discovered the alleged error or injustice now under consideration on15 January 1971; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
14 January 1974.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence, it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

____WFC  ___DLL__  ___RSV_  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.  awarding the Air Medal with Numeral "18" for meritorious achievement while participating in aerial flight from 12 July 1969 to 27 June 1970;

	b.  correcting his DD Form 214 to delete the Air Medal and Vietnam Service Medal; and
	c.  correcting his DD Form 214 to add the Air Medal with Numeral "18"; Vietnam Service Medal with 4 bronze service stars; Meritorious Unit Commendation with 1 Oak Leaf Cluster; Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; Republic of Vietnam Gallantry Cross with Palm Unit Citation; Expert Marksmanship Qualification Badge with Automatic Rifle, Rifle, and Pistol Bars; and 2 Oversea Service Bars.




_____William F. Crain______
          CHAIRPERSON




INDEX

CASE ID
AR20060015675
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/05/31
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19710115
DISCHARGE AUTHORITY
DA Msg ODCSPER-TS&T 011631Z Dec 70
DISCHARGE REASON
Early Release of Warrant Officers
BOARD DECISION
GRANT PLUS
REVIEW AUTHORITY
Mr. Schwartz
ISSUES         1.
107.0012.0000
2.

3.

4.

5.

6.