RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  17 January 2008
	DOCKET NUMBER:  AR20070012386 


	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, Michael L. Engle

Analyst

The following members, a quorum, were present:


Mr. Hubert O. Fry, Jr.

Chairperson

Mr. John T. Meixell

Member

Mr. Rowland C. Heflin

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, correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of the Air Medal with Numeral 27.  He also requests issuance of this medal and accouterment.

2.  The applicant states that he is still in the Reserve and this correction could affect his promotion to Chief Warrant Officer Five.

3.  The applicant provides copies of his DD Form 214 and Recommendation for Decoration for Valor or Merit (USARV Form 157) with enclosures. 

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.  On 25 August 1969, the applicant was appointed as a warrant officer one with immediate call to active duty.  His military occupational specialty was 100EO (Rotary Wing Aviator).

3.  The applicant served in the Republic of Vietnam from 7 November 1969 to 
6 November 1970.  He was assigned as a rotary wing aviator with Battery A, 
4th Battalion, 77th Artillery Regiment, 101st Airborne Division.

4.  On 3 November 1970, the applicant's commander and the operations officer certified USARV Form 131 (Awards and Decorations) of the applicant.  This form provided a detail record of his aviation missions in the Republic of Vietnam showing that he qualified for award of the Air Medal with 26 oak leaf clusters.  USARV Form 157 was signed by his commander recommending him for these awards.  

5.  On 12 September 1971, the applicant was released from active duty.  He had attained the rank of chief warrant officer two, pay grade W2 and had completed 
2 years and 18 days of creditable active duty during this period of active service.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, lists his awards as the National Defense Service Medal, Air Medal, Bronze Star Medal, Army Commendation Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with "1960-" Device, and the Army Aviator Badge.  It does not show any oak leaf clusters or numerals on his Air Medal. 

7.  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.

8.  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.  

9.  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 denotes the total number of Air Medals awarded.

10.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.



11.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following three campaign periods: the Vietnam Winter-Spring; the DA Sanctuary Counteroffensive; and the Vietnam Counteroffensive, Phase VII.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that A Battery, 4th Battalion, 77th Artillery Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders Number 48, dated 1971,for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  

13.  Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence clearly shows that the applicant completed the required number of missions for award of the Air Medal with Numeral 27, and was recommended for this award by his commander.  Therefore, his records should be corrected to show these awards.

2.  Records show that the applicant participated in three campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of three bronze service stars to be affixed to his Vietnam Service Medal.

3.  Records show that the applicant's unit was cited in general orders 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.  Therefore, his records should be corrected to show these foreign unit awards.   








BOARD VOTE:

__JTM___  __RCH__  __HOF  _  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.  showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Numeral 27 to be affixed to his already awarded Air Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and

b.  issuing him the Air Medal and a Numeral 27 accouterment to be affixed to his Air Medal.





_    _Hubert O. Fry, Jr._______
          CHAIRPERSON




INDEX

CASE ID
AR20070012386
SUFFIX

RECON
 
DATE BOARDED
20080117
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
 
DISCHARGE REASON

BOARD DECISION
GRANT  
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.