RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  25 October 2007
	DOCKET NUMBER:  AR20070007049 


	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

x
	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 three separate applications, that he be awarded   33 awards of the Air Medal and that his DD Form 214 for the period ending       31 December 1982 be amended to add the Air Medal (33 awards) (in addition to the entry that already shows the Air Medal (21 awards), the Bronze Star Medal, and the Defense Meritorious Service Medal.

2.  The applicant states the number of Air Medals he received during his first tour in Vietnam should be changed from 1 to 33.  He received the correct number of Air Medals during his second tour in Vietnam.  He was awarded the Bronze Star Medal for service in October 1968.  He was awarded the Defense Meritorious Service Medal as a retirement award.

3.  The applicant provides Air Medal orders, dated 5 January 1968; Air Medal orders, dated 16 March 1971; a DA Form 759 (Individual Flight Record & Flight Certificate – Army), for the period covered February through December 1982; a DA Form 759 for the period covered July, August, and September 1968; and his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 December 1982.

4.  The applicant also provides a Bronze Star Medal citation; a letter, dated       16 January 1974; and Defense Meritorious Service Medal orders and citation.

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.  After having had prior enlisted service, the applicant was appointed a warrant officer and entered active duty on 29 August 1967 as an aviation warrant officer.

3.  The applicant arrived in Vietnam and was assigned to the 334th Armed Helicopter Company (i.e., the 334th Aviation Company) on 10 October 1967.  He performed duties as an aviator assigned to an armed UH-1C helicopter platoon engaged in direct engagements with hostile forces in counter-insurgency operations.  Information concerning his duties was taken from his Officer Evaluation Reports.

4.  Headquarters, 1st Aviation Brigade General Orders Number 72, dated            5 January 1968, awarded the applicant the basic Air Medal.

5.  The applicant’s records contain complete flight records.  Sheet 8 of his DA Form 759, for the period July, August, and September 1968, shows the applicant completed 859 combat flight hours.  

6.  The applicant departed Vietnam on 4 October 1968 after being credited with participation in four campaigns.

7.  Headquarters, 1st Aviation Brigade General Orders Number 7240, dated      24 October 1968, awarded the applicant the Bronze Star Medal.

8.  The applicant arrived in Vietnam for his second tour and was assigned to the 156th Aviation Company on 10 March 1970 where he piloted aircraft designed to perform intelligence-gathering missions.  He was reassigned to the 146th Aviation Company on 15 October 1970 where he performed the same duties.  Information concerning his duties was taken from his Officer Evaluation Reports.

9.  Headquarters, U. S. Army, Vietnam (USARV) General Orders Number 929, dated 16 March 1971, awarded the applicant the 2d through 21st awards of the Air Medal.

10.  Sheet 18 (a summary sheet) of the applicant’s DA Form 759, for the period November 1970 through February 1971, shows he had a total of 1,950 combat flight hours– 862 hours as a rotary wing pilot and 1,088 hours as a fixed wing pilot.  The individual sheets (i.e., sheets 18-1 through 18-5) identify 3 combat flight hours with the UH1H (2 hours as first pilot and 2 hours of “hood” hours appear to be the same event).

11.  The applicant departed Vietnam on 18 February 1971 after being credited with participation in three campaigns.

12.  U. S. Readiness Command, MacDill Air Force Base, FL Permanent Orders 65-7, dated 9 December 1982, awarded the applicant the Defense Meritorious Service Medal.

13.  Sheet 36 of the applicant’s DA Form 759, for the period February through December 1982, shows he had a total of 1,950 combat flight hours– 862 hours as a rotary wing pilot and 1,088 hours as a fixed wing pilot.

14.  On 31 December 1982, the applicant retired.  His DD Form 214 for the period ending 31 December 1982 shows he was awarded the National Defense Service Medal, the Basic and the Master Army Aviator Badges, the Drivers Badge, the Army Commendation Medal (2d Oak Leaf Cluster), the Republic of Vietnam “Commendation” Medal with 60 device, the Distinguished Flying Cross, the Meritorious Service Medal, the Humanitarian Service Medal, the Army Service Ribbon, the Overseas Service Ribbon, the Army Good Conduct Medal (2d Award), the Basic/Senior/Master Parachutist Badges, the Vietnam Service Medal, and the Air Medal (21 Awards).

15.  Army Regulation 600-8-2 (Military Awards) 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 non-crewmember flying status which requires them to participate in aerial flight on a regular and frequent basis in the performance of their primary duties.  

16.  USARV Regulation 672-1 (Decorations and Awards) provided, in pertinent part, guidelines for award of the Air Medal for sustained operations.  Appendix IV of the regulation required that recommendations for award of the Air Medal for crewmembers or non-crewmembers on flying status would be submitted on USARV Form 157-R.  The recommendation for award must also have stated that the individual “met the required number of missions and hours for award of the Air Medal,” that “the individual has not caused, either directly or indirectly, an aircraft abort, late take-off, accident or incident,” and that the “individual’s accomplishments and service throughout the period have reflected meritorious performance, with no instance of nonprofessionalism, mediocrity, or failure to display an aggressive spirit”.

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.  Normally, 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.  

19.  Army Regulation 600-8-22 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.

20.  Army Regulation 600-8-22 authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation.  Authorized bronze service stars will be worn on the appropriate campaign or service medal, including the Vietnam Service Medal.  One silver service star is worn in lieu of five bronze service stars.

21.  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 334th Aviation Company, it was cited for award of the Meritorious Unit Commendation for the period 1 January through 31 December 1967 by Department of the Army General Orders (DAGO) Number 48, dated 1968.

22.  Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant's assignment to the 334th Aviation Company, it was also cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 27 March 1967 through 17 May 1968 by DAGO Number 46, dated 1969.

23.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant's assignment to the 156th Aviation Company, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period     1 January 1970 through 3 March 1971 by DAGO Number 65, dated 1974.

24.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant's assignment to the 146th Aviation Company, it was cited for award of the Meritorious Unit Commendation for the period 1 January 1971 through        30 June 1972 by DAGO Number 32, dated 1973.

25.  Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant's assignment to the 146th Aviation Company, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period     1 January 1970 through 3 March 1971 by DAGO Number 6, dated 1974.


26.  Department of the Army Pamphlet 672-3 states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation badge may not be worn, official military personnel and historical records will indicate all awards received.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was awarded the Bronze Star Medal and the Defense Meritorious Service Medal.  These awards should be added to his DD Form 214.

2.  The applicant requests 33 awards of the Air Medal for his service during his first tour in Vietnam, stating that the 2d through 21st awards of the Air Medal he was awarded during his second tour in Vietnam was correct.

3.  The applicant provided his DA Form 759, for the period covered February through December 1982, to show he performed 862 combat flight hours.  However, his DA Form 759 for the period July, August, and September 1968 shows that he performed 859 flight hours of combat time during his first tour.  Due to the nature of his duties, it is reasonable to presume that all of these hours were flown on category I missions.  Therefore, it appears he met the eligibility criteria for 34 awards of the Air Medal during his first tour in Vietnam.

4.  The remaining 3 hours of the applicant’s rotary wing flight time appears to have been performed during his second tour in Vietnam.  In addition, Sheet 18 of his DA Form 759 for the period November 1970 through February 1971 shows he had a total of 1,950 combat flight hours.  Since 859 of those hours were performed during his first tour in Vietnam 1,091 of those hours were performed during his second tour.  

5.  Due to the nature of the applicant’s duties during his second tour in Vietnam, it is reasonable to presume that all of these were flown on category II missions.  It appears he met the eligibility criteria for 22 awards of the Air Medal during his second tour in Vietnam, not 21 awards.

6.  Additional awards of the Air Medal are cumulative.  During his first tour in Vietnam, it appears the applicant should have been awarded the Air Medal with numeral 34.  During his second tour in Vietnam, it appears he should have been awarded the Air Medal with numeral 56.  His two Air Medal orders should be revoked and one new order issued to show he was awarded the Air Medal with numeral 56.  This award should then be added to his DD Form 214 for the period ending 31 December 1982.

7.  The applicant was credited with participation in seven campaigns.  His DD Form 214 should be amended to show he is eligible to wear the Vietnam Service Medal with one silver service star and two bronze service stars.

8.  The applicant was assigned to the 334th Aviation Company during a period of time it was cited for award of the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  He was assigned to the 156th Aviation Company during a period of time it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  He was assigned to the 146th Aviation Company during a period of time it was cited for award of the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  

9.  Therefore, the applicant’s DD Form 214 for the period ending 31 December 1982 should also be amended to add two awards of the Meritorious Unit Commendation and three awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation (even though he can only wear one award of the latter unit award).

BOARD VOTE:

__x___  __x___  __x__  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

     a.  revoking his two Air Medal orders;

     b.  issuing an Air Medal order awarding him the Air Medal with Numeral 56; 

     c. deleting the entries showing award of the Vietnam Service Medal and the Air Medal (21 Awards) from his DD Form 214 for the period ending 31 December 1982; and

     d.  adding the Air Medal (56 Awards), the Vietnam Service Medal with one silver service star and two bronze service stars, the Bronze Star Medal, the Defense Meritorious Service Medal, two awards of the Meritorious Unit Commendation, and three awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to his Form 214 for the period ending 31 December 1982.




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          CHAIRPERSON




INDEX

CASE ID
AR20070007049
SUFFIX

RECON

DATE BOARDED
20071025
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY
Ms. Mitrano
ISSUES         1.
107.0018
2.
110.04
3.

4.

5.

6.