RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 September 2007
      DOCKET NUMBER:  AR20070005736


      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. Loretta D. Gulley             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Thomas A. Pagan               |     |Chairperson          |
|     |Mr. Eric N. Andersen              |     |Member               |
|     |Mr. Paul M. Smith                 |     |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 that his records be corrected to show all of his
Air Medals.

2.  The applicant states, in effect, that he was not awarded the correct
number of Air Medals.

3.  The applicant provides 9 copies of DA Form 759-1 (Individual Flight
Record and Flight Certificate – Army, Part II).

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 show he enlisted in the Army on 16 May 1969.  He
completed basic combat training and advanced individual training.  The
highest enlisted rank he attained was Specialist Five (SP5).  On 18 May
1970, the applicant was appointed as a Warrant Officer One and was awarded
the military occupational specialty (MOS) 100B0 (Rotary Wing Pilot).  The
highest rank he attained while serving on active duty was Chief Warrant
Officer Two.

3.  The applicant's Officer Qualification Record (DA Form 66) shows that he
served in the Republic of Vietnam (RVN) from 24 June 1970 through 23 June
1971, and that during his RVN tour he was assigned to the 162nd Aviation
Company from 24 June 1970 to 13 March 1971 and the 101st Aviation Group
from 14 March 1971 to 20 June 1971 performing the duties of a Rotary Wing
Pilot.

4.  Item 22 (Campaigns) of the applicant's DA Form 66 shows that he
participated in an unnamed campaign.

5.  Item 21 (Awards and Decorations) of the applicant's DA Form 66 shows he
earned the following awards during his active duty tenure:  the National
Defense Service Medal (NDSM), the Good Conduct Medal (GCM), the Army
Aviation Badge, the Vietnam Service Medal (VSM), the Air Medal, the RVN
Campaign Medal, the Silver Star, the Valorous Unit Award, the Distinguished
Flying Cross, two Overseas Service Bars, the Sharpshooter Marksmanship
Qualification Badge with Pistol Bar (.38 caliber), and the Expert
Marksmanship Qualification Badge with Rifle Bar (M-16).

6.  On 23 June 1971, the applicant was honorably discharged after
completing a total of 2 years, 1 month, and 8 days of active military
service.

7.  Section VI (Record of Flying Time) of the applicant’s DA Forms 759-1
(Part II) show that the applicant completed 205 combat missions during the
period between 24 June 1970 through 20 June 1971.

8.  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.

9.  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 individuals who travel by aircraft from point to point for
the purpose of participating in combat assaults are eligible for the award
of the Air Medal for achievement after completion of 25 assault missions.
Personnel in this category are not required to complete 25 hours of flight
time.  For personnel transported by aircraft, a combat assault mission is
defined as a mission where friendly troops conduct the initial landings
into a hostile area for the purpose of conducting combat or combat support
operations.  A passenger may receive
credit for one mission for each assault landing completed.  The Army Awards
Branch at Human Resources Command has advised that units normally
maintained official, and sometimes unofficial, records of qualifying combat
assaults and awarded the Air Medal to individuals upon completion of the
required number of missions.

10.  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.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) also shows that the 162nd Aviation Company,
the unit to which the applicant was assigned, was cited for award of the
Republic of Vietnam Gallantry Cross Unit Citation with Palm for the period
15 December 1969 through 10 October 1970, by Department of the Army General
Orders Number 52, dated 1971.

12.  Army Regulation 600-8-2, paragraph 2-13 provides guidance on the
Vietnam Service Medal.  It states, in pertinent part, that one bronze
service star is authorized with this award for each RVN campaign a member
is credited with participating in while serving in the RVN.

13.  Appendix B of the same regulation contains a list of RVN campaigns. It
shows that during his tenure of assignment, the applicant was credited with
participating in the DA Sanctuary and the Vietnam Counteroffensive Phase
VII Campaigns.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to additional awards of the Air
Medal.

2.  The available evidence shows the applicant participated in 205 combat
missions in the RVN during the period 24 June 1970 through 20 June 1971.
Therefore, he is entitled to correction of his record to show a total of 8
awards of the Air Medal.

3.  The evidence shows the applicant was awarded the Army Good Conduct
Medal during the period 16 May 1969 through 17 May 1970.  Therefore, he is
entitled to correction of his record to show this award.

4.  General Orders show the applicant’s unit was awarded the Republic of
Vietnam Gallantry Cross with Palm Unit Citation, which is not shown on his
separation document.  Therefore, he is entitled to correction of his
records to show this award.

5.  Records show that the applicant participated in two campaigns during
his service in Vietnam.  Therefore, he is entitled to correction of his
record to show the award of two bronze service stars to be affixed to his
already-awarded VSM.
BOARD VOTE:

___TAP__  ___ENA_  ___PMS_  GRANT 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.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by:


      a.  deleting the Air Medal and adding the Air Medal with numeral “8”;

     b. adding his already-awarded Army Good Conduct Medal;

     c. deleting the VSM and adding the VSM with two bronze service stars;
and

     d. awarding the individual the Republic of Vietnam Gallantry Cross
        with
Palm Unit Citation.




                _Thomas A. Pagan_
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20070005736                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/09/13                              |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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