RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        9 August 2007
      DOCKET NUMBER:  AR20060017843


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Jeffrey C. Redmann            |     |Chairperson          |
|     |Ms. Rea M. Nuppenau               |     |Member               |
|     |Mr. Dennis J. Phillips            |     |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 a service medal for his service in Lebanon, a
Purple Heart for injuries received in Lebanon, and additional Air Medals
for his service in Vietnam.

2.  The applicant states that, as his flight records show, he had hundreds
of combat flight hours while in Vietnam.  After Vietnam, combat no longer
appeared to be an advantage, so he never followed up on his Air Medals.

3.  The applicant states that in the 1980s he was ordered to go to Beirut
on a mission outside of Army control and which was not to be reflected in
his records. He worked for the Ambassador, commanding a team working and
training Lebanese to fight and maintain battle tanks.  The Pentagon did not
even acknowledge that they had been out of the country.  He would like a
service medal, such as those given to the Marines in Lebanon.

4.  The applicant states that when his Lebanese fighters were moving to
fight, he was injured.  It felt like something tore in his back.  He
required emergency surgery in a Lebanese hospital.

5.  The applicant provides a 25 October 2006 letter from the U. S. Army
Physical Disability Agency; six pages of DA Forms 759 (Individual Flight
Record and Flight Certificate – Army), Part II, covering the period October
1968 through August 1969; two pages of DA Forms 759-1 (Individual Flight
Record and Flight Certificate – Army), Part I, covering the period October
1968 through August 1969; a DA Form 3647-1 (Inpatient Treatment Record
Cover Sheet), dated       21 January 1980, with an attached Standard Form
502 (Narrative Summary);      a letter from the U. S. Army Military
Personnel Center (MILPERCEN), dated        3 February 1983, notifying him
of the necessity to redesignate his aviation specialty; and a DD Form 1610
(Request and Authorization for TDY Travel of DOD Personnel), dated 21
September 1983.

6.  The applicant also provides six messages, date time groups 201900Z
September 1983, 230814Z September 1983, 031219Z October 1983, (illegible)
October 1983, 261300Z January 1984, and 191942Z March 1984; an article from
the 31 July 1985 edition of the “San Antonio Light”; a letter, dated 1
March 1984, from the applicant, subject:  Effectiveness of M48A5 Mobile
Training Team,      25 September 1983 – 14 February 1984; an Intelligence
Summary for the period “1 – 15 November”; an internet article on the 10th
Special Forces Group; four pages of medical documents from a Lebanese
hospital; a letter, dated 6 April 1984, from the applicant to the president
of the 1984 Lieutenant Colonel Promotion Selection Board; his retirement
orders; his DD Form 214 (Armed Forces of the United States Report of
Transfer or Discharge) for the period ending 25 May 1970; and his DD Form
214 (Certificate of Release or Discharge from Active Duty) for the period
ending 31 August 1989.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 31 August 1989.  The application submitted in this case
is dated      2 February 2007.

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.  After having had prior enlisted service, the applicant was appointed a
warrant officer and entered active duty on 15 July 1968.  He completed
training and was awarded military occupational specialty 100B (Rotary Wing
Aviatior).

4.  The applicant arrived in Vietnam on or about 21 September 1968.  His DA
Form 759 shows he was assigned to Troop D, 1st Squadron, 10th Cavalry.

5.  The applicant’s DA Form 759, for the period July and August 1969, shows
he flew a total of 819 hours of pilot combat time and a total of 1062 pilot
hours (of which 217 hours were as a military student pilot).

6.  The applicant departed Vietnam on or about 19 September 1969.

7.  The applicant was honorably discharged on 25 May 1970.  His DD Form 214
for the period ending 25 May 1970 shows he was awarded the National Defense
Service Medal, the Army Good Conduct Medal, the Army Aviator Badge, the
Vietnam Service Medal, the Vietnam Campaign Medal, two overseas bars, and
one Air Medal.

8.  The applicant’s records do not contain any orders for the Air Medal.

9.  The applicant entered active duty on 26 May 1970 as a commissioned
officer. He was awarded additional specialties of 12A (Armor Officer,
General); and 46A (Public Affairs Officer) on 1 August 1982.
10.  Several messages, dated September and October 1983, discussed the
applicant’s assignment to a Security Assistance Mobile Training Team in
Lebanon.  Item 5 (Overseas Service) of the applicant’s DA Form 2-1
(Personnel Qualification Record) shows he was on temporary duty to Lebanon
from            25 September 1983 through 14 February 1984, with additional
overseas tours in Vietnam and Germany.

11.  Commander, MILPERCEN message 191942Z March 1984 authorized the Armed
Forces Expeditionary Medal for service in Lebanon for the period 1 June
1983 to a closing date to be determined.

12.  The applicant was released from active duty on 31 August 1989 for the
purpose of retirement.  His DD Form 214 for the period ending 31 August
1989 shows he was awarded the Bronze Star Medal, the Meritorious Service
Medal (2d Oak Leaf Cluster), the Air Medal (2d Award), the Army
Commendation Medal, the Army Achievement Medal (1st Oak Leave Cluster), the
Army Good Conduct Medal, the National Defense Service Medal, the Armed
Forces Expeditionary Medal (2d Award), the Vietnam Service Medal with four
bronze service stars, the Armed Forces Reserve Medal, the Army Service
Ribbon, the Overseas Service Ribbon (2d Award), the Republic of Vietnam
Campaign Medal, the Republic of Vietnam Gallantry Cross Unit Citation
(sic), and the Senior Army Aviator Badge.

13.  Army Regulation 600-8-22 (Military Awards) provides for award of the
Armed Forces Expeditionary Medal to Soldiers directly supporting U. S.
military operations, U. S. operations in direct support of the United
Nations, and U. S. operations of assistance for friendly foreign nations.
The Armed Forces Expeditionary Medal was authorized for service in Lebanon
during the period      1 June 1983 to 1 December 1987.

14.  Army Regulation 600-8-22 provides for award of the Purple Heart to any
member of an Armed Force who has been wounded or killed in any action
against an enemy of the United States.  The wound must have required
treatment by a medical officer and records of medical treatment for wounds
or injuries received in action must have been made a matter of official
record.  When contemplating an award of the Purple Heart, the key issue
commanders must take into consideration is the degree to which the enemy
caused the injury. The fact the proposed recipient was participating in
direct or indirect combat operations is a necessary prerequisite, but is
not sole justification for award.

15.  Army Regulation 600-8-2 provides for award of the Air Medal to any
person who will have distinguished himself while participating in aerial
flight.  It is primarily intended to recognize those personnel who are on
current crewmember or noncrewmember flying status which requires them to
participate in aerial flight on a regular and frequent basis in the
performance of their primary duties. Involvement in such activities serves
only to establish eligibility for award of the Air Medal; the degree of
heroism, meritorious achievement or exemplary service determines who should
receive the award.  Numerals, starting with 2, will be used to denote
second and subsequent awards of the Air Medal.

16.  At the time, U.S. Army Vietnam Regulation 672-1 provided that
individuals who had been recommended for award of the Air Medal for
sustained operations must have had completed a minimum of 25 Category I
missions and had accrued a minimum of 25 hours of flight time while engaged
in Category I missions;       50 Category II missions and had accrued a
minimum of 50 hours of flight time while engaged in Category II missions;
or 100 Category II missions and had accrued a minimum of 100 hours of
flight time while engaged in Category III missions.

17.  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.

18.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant provided evidence to show, and his service personnel
records confirmed, that he served in Lebanon from 25 September 1983 through
            14 February 1984.  It appears the only service medal this
service made him eligible for was the Armed Forces Expeditionary Medal,
which is already shown on his DD Form 214 for the period ending 31 August
1989.  It cannot be determined what service might have made him eligible
for a second award of the Armed Forces Expeditionary Medal.

2.  There is no evidence to show the applicant was wounded as a result of
enemy action.  As he stated, when his Lebanese fighters were moving to
fight he was injured when it felt like something tore in his back.  There
is insufficient evidence to show he met the eligibility criteria for award
of the Purple Heart.

3.  The evidence of record shows the applicant flew 819 hours on combat
missions as of August 1969.  The Category type of those missions cannot be
determined.  However, given the type of unit to which he was assigned (a
ground combat unit, not an aviation unit), any doubt concerning the
Category of missions he flew should be resolved in favor of the applicant
and it should be presumed he flew all Category I missions.  Therefore, it
would be appropriate to show that, with his total of 819 combat flight
hours divided by 25, he was awarded the Air Medal numeral 2 through 32 for
the period September 1968 through August 1969.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 August 1989; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on         30 August 1992.  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:

________  ________  ________  GRANT FULL RELIEF

__jcr___  __rmn___  __djp___  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 2 through 32 for the
period September 1968 through August 1969; and

     b.  amending his DD Form 214 for the period ending 31 August 1989 to
show he was awarded the Air Medal (32d Award) in lieu of the Air Medal (2d
Award) currently listed.

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 Purple Heart or any additional service medal for service in
Lebanon.




                            __Jeffrey C. Redmann__
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060017843                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070809                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0018                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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