RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 September 2007
      DOCKET NUMBER:  AR20070004899


      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             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Ms. Laverne V, Berry              |     |Member               |
|     |Mr. Ronald D. Gant                |     |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 his record be corrected to show
he was awarded the Air Medal (AM) with "V" (Valor) Device for heroism and
to include all other awards to which he may be entitled.

2.  The applicant states, in effect, the AM with "V" Device he was awarded
was never included on the list of awards entered on his separation document

(DD Form 214).

3.  The applicant provides the following documents in support of his
application:  1 April 1971 DD Form 214; Flight Record (DA Form 759), dated
29 May 1970; AM (Sixth through Twenty-First Award) Citation; and Newspaper
Article.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the
Army Board for Correction of Military Records (ABCMR) to excuse an
applicant’s failure to timely file within the 3-year statute of limitations
if the ABCMR determines it would be in the interest of justice to do so.
While it appears the applicant did not file within the time frame provided
in the statute of limitations, the ABCMR has elected to conduct a
substantive review of this case and, only to the extent relief, if any, is
granted, has determined it is in the interest of justice to excuse the
applicant’s failure to timely file.  In all other respects, there are
insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's record shows he initially entered active duty in an
enlisted status to attend flight training on 16 April 1968.  On 23 March
1969, he was honorably discharged, in the rank of specialist five (SP5),
for the purpose of accepting a warrant officer appointment.  The DD Form
214 he was issued at the time shows he earned the National Defense Service
Medal (NDSM) and Expert Marksmanship Qualification Badge with Rifle Bar.

3.  On 24 March 1969, the applicant was appointed a warrant officer one (WO-
1) and entered active duty in that status.  His Officer Qualification
Record (DA Form 66) shows he served in the Republic of Vietnam (RVN) from 2
June 1969 through 29 May 1970.  Item 18 (Record of Assignments) shows that
during his RVN tour, he was assigned to the 45th Medical Company,
performing duties as a medical evacuation pilot.

4.  Item 21 (Awards and Decorations) of the applicant's DA Form 66 shows
that he earned the following awards during his active duty tenure:  NDSM;
Army Aviation Badge; Vietnam Service Medal (VSM); Air Medal 4th Oak Leaf
Cluster (5th Award); and RVN Campaign Medal with 60 Device.  Item 35 (Date
of Annual Audit) shows the applicant last audited the DA Form 66 on 6 July
1970.

5.  The applicant's Military Personnel Records Jacket (MPRJ) is void of any
orders or other documents that indicate he was ever awarded the AM with "V"
Device for heroism (valor).  The MPRJ does contain flight records that
confirm he completed 806 hours of combat flight time.

6.  On 1 April 1971, the applicant was honorably released from active duty
(REFRAD) and transferred to the United States Army Reserve (USAR).  The DD
Form 214 he was issued at the time confirms he completed a total of 2
years,
11 months and 18 days of active military service.  Item 24 (Decorations,
Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or
Authorized) shows that during his active duty tenure, he earned the NDSM,
Army Aviation Badge, VSM, AM, and RVN Campaign Medal with 60 Device.  The
AM with "V" Device is not included in the list of awards and the applicant
authenticated the document with his signature on the date of his
separation.

7.  The applicant provides a copy of an AM Citation that shows he received
the 6th through the 21st award of the AM during the period 18 August 1989
through 25 May 1970.  He also provides a newspaper article that indicates
he was awarded the AM for valor during a medical evacuation mission in the
RVN.

8.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards
policy.  Paragraph 2-13 provides guidance on the VSM.  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.

9.  Paragraph 3-15 of the awards regulation 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.  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.  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.
Under current regulation guidance numerals denote the number of awards of
the AM to which a member is entitled.

10.  United States Army Vietnam (USARV) Regulation 672-1 (Decorations and
Awards) provided local USARV awards policy, which included award of the AM.
 It defined terms and provided guidelines for the award of the AM based
upon the number and types of missions or hours.  It divided combat missions
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.

11.  The USARV awards regulation stated, in effect, that to support award
of the AM, 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 AM 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.

12.  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 (45th Medical Company) earned
the Meritorious Unit Commendation (MUC) and RVN Gallantry Cross with Palm
Unit Citation.  It also shows that during this period participation credit
was granted for the TET 69 Counteroffensive, Vietnam Summer-Fall 1969,
Vietnam Winter-Spring 1970, and Sanctuary Counteroffensive campaigns.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he was awarded the AM with "V" Device
was carefully considered.  However, notwithstanding the newspaper article
he provided, there is insufficient evidence to support granting this
portion of the requested relief.

2.  The applicant's record is void of any entries, orders or other
documents that indicate he was ever awarded the AM with "V" Device, for
heroism or valor.  Item 21 of his DA Form 66 does not include the AM with
"V" Device in the list of awards entered, and the applicant last audited
this record on 6 July 1970, after he completed his tour in the RVN.  In
effect, his audit was his verification that the information on the record,
to include the list of awards in Item 21, was correct at that time.

3.  Further, the AM with "V" Device is not included in the list of awards
contained in Item 24 of the applicant's DD Form 214, which he authenticated
with his signature on the date of his separation.  In effect, his signature
was his verification that the information contained on the separation
document was correct on the date it was prepared and issued.  Therefore,
absent any evidence of record to corroborate the applicant's claim or the
information contained in the newspaper article he provided, there is an
insufficient evidentiary basis to support granting the requested relief.

4.  The evidence of record confirms the applicant accrued 806 hours of
combat flight time in the RVN.  Therefore, it is reasonable to presume that
the applicant was in fact awarded the 6th through 21st Award of the AM, as
indicated in the AM Citation he provided.  Therefore, it would be
appropriate to correct the applicant's record to reflect his was awarded
the AM with Numeral 21, which denotes 21 awards of the AM.

5.  The evidence of record also shows that based on his RVN service and
campaign participation, he is entitled to the MUC, RVN Gallantry Cross with
Palm Unit Citation and 4 bronze service stars with his VSM.  Therefore, it
would also be appropriate to add these awards to his record and separation
document at this time.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___JEA _  __LVB __  __RDG__  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.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by showing his entitlement to the Air Medal with
Numeral 21 (21st Award), Meritorious Unit Commendation, Republic of Vietnam
Gallantry Cross with Palm Unit Citation, and 4 bronze service stars with
his Vietnam Service Medal; and by providing him a correction to his
separation document that includes these changes.

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 Air Medal with "V" Device for heroism/valor.




                            _____James E. Anderholm ____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070004899                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/09/18                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1071/04/01                              |
|DISCHARGE AUTHORITY     |MSG 011631Z                             |
|DISCHARGE REASON        |Early Release of WOs                    |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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