RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  21 February 2008
	DOCKET NUMBER:  AR20070013805 


	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. Deyon D. Battle

Analyst

The following members, a quorum, were present:


Ms. Margaret K. Patterson

Chairperson

Ms. Sherri V. Ward

Member

Mr. Jeffrey C. Redmann

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 award of the Air Medal.

2.  The applicant states that he flew missions with the 128th Assault Helicopter Company as a door gunner and therefore, he is entitled to the Air Medal.

3.  The applicant provides no additional documentation in support of his application.

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 8 July 1968, the applicant enlisted in the Regular Army in Portland, Maine, for 3 years, in the pay grade of E-1.  He successfully completed his training as a helicopter repairman.  He was transferred to Vietnam on 4 December 1968 and he was assigned to Headquarters and Headquarters Company, 11th Combat Aviation Battalion.  He was assigned to the 128th Aviation Company (Assault Helicopter) on 29 January 1969.

3.  The applicant returned to the Continental United States on 4 January 1970.  After completing 3 years of total active service, he was honorably released from active duty (REFRAD) on 7 July 1971, at the expiration of his term of service.  The Report of Transfer or Discharge (DD Form 214) that he was furnished at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal w/Device 1960, the Army Good Conduct Medal, the Sharpshooter Marksmanship Qualification Badge (Rifle M-14), and the Expert Marksmanship Qualification Badge (Rifle M-16).


4.  A review of the available records fails to show that orders were ever published awarding the applicant the Air Medal while he was in the Army.

5.  United States 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.  

6.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the following campaigns during his tour of duty in the Republic of Vietnam:  the Vietnam Counteroffensive, Phase VI campaign, which extended from 2 November 1968 through 22 February 1969; the Tet 69 Counteroffensive campaign, which extended from 23 February through 8 June 1969; the Vietnam Summer-Fall 1969 campaign, which extended from 9 June through 31 October 1969; and the Vietnam Winter-Spring 1970 campaign, which extended from 1 November 1969 through 30 April 1970.  This same regulation states that a Bronze Service Star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

7.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time, governs the requirements for the Overseas Service Bar.  In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one Overseas Service Bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam are counted as whole months for credit toward the Overseas Service Bar.



8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders (DAGO) Number 8, dated 1974; and the Republic of Vietnam Civil Actions Honor Medal, First Class based on DAGO Number 55, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence in the available records, nor has the applicant submitted any evidence to show that he met the criteria for an award of the Air Medal.

2.  In accordance with applicable regulation, 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.  A review of the available records fails to substantiate his contention that he is entitled to an awarded of the Air Medal.  Therefore, there is no basis for granting the applicant's request.

3.  However, the available records do show that he is entitled to the following awards:  four Bronze Service Stars, to reflect his campaign participation; two Overseas Service Bars, to reflect his overseas service; the Republic of Vietnam Gallantry Cross with Palm Unit Citation, based on DAGO Number 8; and the Republic of Vietnam Civil Actions Honor Medal, First Class, based on DAGO Number 55. 

4.  Therefore, it would now be in the interest of justice to correct the applicant's records to include the awards to which he is entitled.

5.  Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.






BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__MKP__  __SVW__  __JCR __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  The Board determined that administrative error in the records of the individual should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show that he was awarded four Bronze Service Stars, for inclusion on his Vietnam Service Medal; two Overseas Service Bars; the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and the Republic of Vietnam Civil Actions Honor Medal, First Class. 





____M. K. Patterson_____
          CHAIRPERSON




INDEX

CASE ID
AR20070013805
SUFFIX

RECON

DATE BOARDED
20080221
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.  46
107.0000/AWARDS AND DECORATIONS
2.  64
107.0018/AIR MEDAL
3.  189
110.0000/SEPARATION DOCUMENT
4.  1
110.0400/ADD APPROVED AWARDS
5.

6.