RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  10 July 2007
	DOCKET NUMBER:  AR20070001641 


	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

Ms. Joyce A. Wright

Analyst

The following members, a quorum, were present:


Ms. Kathleen Newman

Chairperson

Ms. Susan A. Powers

Member

Mr. Edward E. Montgomery

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, that he be awarded the Air Medal for his service in Vietnam.  

2.  The applicant states, in effect, that he was the only crew chief that was assigned to A/C (Aircraft) #67-17694.  He states that all other crew chiefs that he served with received an Air Medal.  His company clerk was not efficient, as shown in the attached memorandum to him. 

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), a copy of orders awarding him the DFC (Distinguished Flying Cross), a copy of a morning report request, a copy of DA Form 2408-13 (Aircraft Inspection and Maintenance Record), and a copy of an internet printout on the U.S. (United States) Army Helicopter UH-1H tail number 67-17694, in support of his request. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 21 January 1972, the date of his release from active duty.  The application submitted in this case is dated 28 December 2006 but was received for processing on 26 January 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.  The applicant's record shows he enlisted in the Regular Army on 20 March 1967.  The applicant successfully completed basic combat training and advanced individual training at Fort Sill, Oklahoma.  On completion of his OSUT (one station unit training), he was awarded the military occupational specialty (MOS), 13A, Field Artillery Basic.  

4.  The applicant was promoted to pay grade E-3 on 23 October 1967.  He served until he was honorably discharged on 23 January 1968 for immediate reenlistment.  
5.  The applicant reenlisted on 24 January 1968.  He was promoted to pay grade E-5 on 18 December 1968.  He served in Vietnam from 25 March 1969 to 29 January 1970.  He served until he was honorably released from active duty on 21 January 1972.  He was transferred to the United States Army Reserve (USAR) Control Group (Reinforcement).  He was discharged from the USAR on 1 March 1973.

6.  The applicant's DD Form 214 shows he was awarded the National Defense Service Medal; the Republic of Vietnam Campaign Medal; the Vietnam Service Medal, the Meritorious Unit Commendation, the Army Commendation Medal, one Overseas Service Bar, and the Distinguished Flying Cross.  His DD Form 214 does not show any additional awards.

7.  There are no flight hours recorded in the applicant's personnel records.  There also is no evidence that he met the qualifications for or was recommended for award of the Air Medal. 

8.  There is no entry in Item 41 (Awards and Decorations), of the applicant's DA Form 20 (Enlisted Qualification Record), showing he was awarded the Air Medal.

9.  The applicant's records contain a copy of Headquarters, U.S. (United States) Army Transportation School Special Orders Number 115, dated 12 June 1968, which shows that he was awarded the Aircraft Crewman Badge.  This award is not shown on his DD Form 214.

10.  The applicant provided a copy of orders awarding him the Distinguished Flying Cross, on 10 July 1969, for heroism involving aerial flight evidenced by voluntary actions above and beyond the call of duty, while he served in Vietnam. He distinguished himself while serving as crewchief on a UH-1H helicopter during a volunteer emergency medical evacuation mission near Tam Ky, Republic of Vietnam.  This award is shown on his DD Form 214. 

11.  The applicant’s records contain a copy of orders awarding him the Bronze Star Medal, on 3 February 1970, for meritorious service in connection with military operations against a hostile force, during the period 1 April 1969 to 31 January 1970, while he served in Vietnam.  While he served in Vietnam, the applicant participated in three campaigns.



12.  Item 38 (Record of Assignments), of his DA Form 20, shows the entry "EXC" (Excellent) for his conduct and efficiency.  There is no evidence of derogatory information contained in the available records.  There is no evidence the applicant was subjected to non-judicial punishment or courts-martial and that his commanders took action to deny him award of the Army Good Conduct Medal.

13.  The applicant provided a copy of a morning report request that indicates that on 6 April 1969, a request was forwarded to the morning report clerk, for Troop B, 2nd Squadron, 17th Cavalry, 101st Airborne Division, for missing morning report copies, of old Troop B.  

14.  The applicant provided a copy of his Aircraft Inspection and Maintenance Record, dated 1 July 1969, which shows that he inspected Helicopter UH-1H   67-17694, on 1 July 1969.

15.  The applicant provided a copy of an information printout on the US Helicopter UH-1H tail number 67-17694.  The printout indicates that the helicopter was in an accident on 7 February 1969, in Chu Lai, South Vietnam, and three crew members were killed, that were assigned to Troop B, 2nd Squadron, 17th Cavalry, 101 Airborne Division.  The aircraft had been flown a total of 387 hours. 

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.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

17.  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.  Nothing created an entitlement to the award.
18.  The applicant requested correction of his records to show award of the Air Medal.  Section 1130, Title 10, United States Code provides that the Service concerned will review a proposal for the award of, or upgrading of, a decoration that would not otherwise be authorized to be awarded based upon time limitations previously established by law.  Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates and related documents.  Corroborating evidence is best provided by commanders, leaders and fellow comrades who had personal knowledge of the circumstances and events relative to the request.  A request for award not previously submitted in a timely fashion will only be considered under this provision if the request has been referred to the Service Secretary from a Member of Congress.  The applicant has been notified by separate correspondence of the procedure for applying for award of the Air Medal under Section 1130 and, as a result, it will not be discussed further in this Record of Proceedings.

19.  Army Regulation 600-8-22 provides that the Good Conduct Medal 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.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

20.  The applicant’s DD Form 214 shows entitlement to the Vietnam Service Medal; however, it does not show the three bronze service stars to which he is entitled for his campaign participation.  Army Regulation 600-8-22 provides that a bronze service star is authorized for the Vietnam Service Medal for participation in each campaign.

21.  Department of the Army Pamphlet 672-3 shows that the applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, by Department of the Army General Orders (DAGO) Number 43, dated 1970; and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, while he was assigned to the unit.  These unit awards are not shown on the applicant's DD Form 214. 








DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was awarded the Aircraft Crewman Badge.  The Aircraft Crewman Badge is not shown on the applicant's DD Form 214.  This evidence is sufficient as a basis for correction of his records to show the already-awarded Aircraft Crewman Badge.

2.  The evidence of record shows that the applicant was awarded the Bronze Star Medal, on 3 February 1970, for meritorious service in connection with military operations against a hostile force, during the period 1 April 1969 to 31 January 1970, while he served in Vietnam.  This evidence is sufficient as a basis for correction of his records to show the already-awarded Bronze Star Medal.

3.  The applicant is entitled to the first award of the Good Conduct Medal, for the period 20 March 1967 to 19 March 1970, based on completion of a period of qualifying military service.  Therefore, he is entitled to correction of his records to show this award.

4.  The applicant's DD Form 214 shows that he was awarded the Vietnam Service Medal.  While in Vietnam, he participated in three campaigns and he is therefore, entitled to three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

5.  The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, at the time he was a member of the unit.  He is, therefore entitled to correction of his records to show these unit awards.

6.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 21 January 1972; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 20 January 1975.  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:

__EM___  ___SP___  __KAN__  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.  adding the already-awarded Aircraft Crewman Badge and Bronze Star Medal to his DD Form 214, dated 21 January 1972; and
	
	b.  awarding the applicant the Good Conduct Medal, for the period 20 March 1967 to 19 March 1970; three bronze service stars to be worn on the already-awarded Vietnam Service Medal; the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, and adding these awards to his DD Form 214.




______K A Newman_______
          CHAIRPERSON





INDEX

CASE ID
AR20070001641
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070710
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19710121
DISCHARGE AUTHORITY
AR 635-200
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.