RECORD OF PROCEEDINGS


	IN THE CASE OF:	


	BOARD DATE:	  25 April 2008
	DOCKET NUMBER:  AR20070013811 


	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.




Director



Analyst
      The following members, a quorum, were present:




Chairperson



Member



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 discharge document to show additional awards of the Air Medal.

2.  The applicant states, in effect, he was awarded the Air Medal while serving in the Republic of Vietnam (RVN); however, he believes the flight hours he accrued in the RVN may entitle him to additional awards of the Air Medal.  The applicant also states the fact that he did not receive additional awards of the Air Medal may have been due to administrative oversight.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), with an effective date of 27 June 1969; Headquarters, Department of the Army, Office of the Surgeon General, Washington, District of Columbia, Special Orders Number 52, dated 21 August 1967; Headquarters, 1st Aviation Brigade (RVN), Special Orders Number 255, dated 15 September 1968; 7 DA Forms 759 (Individual Flight Record - Army Aviator); 2 DA Forms 759-1 (Individual Flight Record and Flight Certificate - Army) covering the period from 22 August 1967 to 4 June 1969; and U.S. Army Vietnam (USARV) Form 131 (Awards and Qualification Record Work Sheet - Air Medal) covering the period from 5 May 1968 to 20 September 1968.

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 military service records show that he was appointed a commissioned officer in the U.S. Army Reserve on 24 November 1966 in the grade of first lieutenant.  The applicant was ordered to active duty on 28 June 1967, completed the Army Medical Department Officer Basic and Army Aviator Medical Officer courses, and served on active duty in military occupational specialty (MOS) 3160 (Aviation Medical Officer).  He was promoted to the grade of captain (CPT)/pay grade O-3, with a date of rank of 28 June 1967.

3.  The applicant's DA Form 66 (Officer Qualification Record), Item 17 (Foreign Service), shows that he served in the RVN from 4 October 1967 through
3 October 1968.  Item 18 (Record of Assignments) of the DA Form 66 shows, in pertinent part, he was assigned to the 139th Medical Detachment (RVN) from
9 October 1967 through 6 January 1968 in duty MOS 3160 (Battalion Surgeon, Counterinsurgency) and then assigned to Headquarters and Headquarters Detachment, 210th Combat Aviation Battalion (RVN) from 7 January 1968 to
2 October 1968 in duty MOS 3160 (Battalion Surgeon, Counterinsurgency).  Item 21 (Awards and Decorations) shows he was awarded the Bronze Star Medal, Air Medal, Army Commendation Medal with “V” Device, National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, and
2 Overseas Service Bars.  Item 22 (Campaigns) shows he participated in the Vietnam Counteroffensive Phase III campaign.

4.  The applicant's military service records contain copies of his DA Forms 759 (Individual Flight Record - Army Aviator) and DA Forms 759-1 (Individual Flight Record and Flight Certificate - Army) covering the period from 22 August 1967 to 4 June 1969.  A review of the DA Forms 759 and DA Forms 759-1 covering the period of the applicant’s tour of duty in the RVN (i.e., from 4 October 1967 to
3 October 1968) and documenting the combat missions he performed from
11 October 1967 to 24 September 1968 show, in pertinent part, that he was credited with 162.1 hours of flight time and 198 landings.  However, these documents do not specify the type or category of the combat missions.

5.  The applicant's military service records contain a copy of Headquarters,
1st Aviation Brigade (RVN), General Orders Number 5668, dated 27 November 1967, along with an Air Medal Citation.  These documents show, in pertinent part, that the applicant was awarded the Air Medal for meritorious achievement while participating in aerial flight from 11 October 1967 to 8 November 1967.

6.  The applicant's DD Form 214, issued at the time of his separation, shows in Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) that he was awarded the Bronze Star Medal, Air Medal, Army Commendation Medal with “V” Device, National Defense Service Medal, Vietnam Service Medal, and Republic of Vietnam Campaign Medal.  This document also shows that he was honorably released from active duty on 27 June 1969 after completing a total of 2 years net active service.

7.  In support of his application, the applicant provides the following documents:

     a.  DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), with an effective date of 27 June 1969, which was previously introduced and considered in this Record of Proceedings;

     b.  Headquarters, Department of the Army, Office of the Surgeon General, Washington, District of Columbia, Special Orders Number 52, dated 21 August 1967.  Paragraph 2 of this order shows that, effective 15 September 1967, the applicant was required to participate in regular and frequent aerial flights as a non-crewmember serving as aviation medical officer;

     c.  Headquarters, 1st Aviation Brigade (RVN), Special Orders Number 255, dated 15 September 1968.  Paragraph 3 of this order shows, in pertinent part, that the applicant was required to participate in regular and frequent aerial flight as a crewmember and was awarded the aeronautical designation of flight surgeon, effective 15 September 1968;

     d.  DA Forms 759 (Individual Flight Record - Army Aviator) and DA Forms 759-1 (Individual Flight Record and Flight Certificate - Army) covering the period from 22 August 1967 to 4 June 1969.  These documents were previously introduced and, in pertinent part, considered in this Record of Proceedings; and

     e.  USARV Form 131 (Awards and Qualification Record Work Sheet - Air Medal) covering the period from 5 May 1968 to 20 September 1968.  This document shows, in pertinent part, that the applicant qualified for award of the basic Air Medal based on 100 missions and indicates “Oak Leaf Cluster” based on 100 flight hours, as of 13 July 1968.  This document also shows the applicant completed 36.1 hours of flight time and 58 missions, as of 20 September 1968.

8.  A review of the applicant's military service records reveals that he may be entitled to additional awards that are not shown on his DD Form 214.

9.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists campaigns for Vietnam.  This document shows that the applicant participated in the Vietnam Counteroffensive Phase III, TET Counteroffensive, Vietnam Counteroffensive Phase IV, and Vietnam Counteroffensive Phase V campaigns.

10.  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 Headquarters and Headquarters Detachment, 210th Combat Aviation Battalion (RVN), the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army, General Orders Number 21 (1969), as amended by Headquarters, Department of the Army, General Orders Number 46 (1969).

11.  Army Regulation 600-8-22 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.

12.  Army Regulation 600-8-22 provides that Arabic numerals are now used (instead of oak leaf clusters) for each succeeding award of the Air Medal.  For examples, the numeral 2 denotes the second award of the Air Medal.

13.  U.S Army Vietnam (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 will be submitted on USARV Form 157-R.  The recommendation for award must also state that the individual has “met the required number of missions and (emphasis added) 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 non-professionalism, mediocrity, or failure to display an aggressive spirit.”

14.  U.S. Army Vietnam Regulation 672-1 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.  

     a.  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; and 

     b.  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.  Since various types of missions would have been completed in accumulating flight time toward award of an Air Medal for sustained operations, different computations would have had to be made to combine category I, II, and III flight time (emphasis added) and adjust it to a common denominator.

15.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

16.  Army Regulation 600-8-22 provides, in pertinent part, for award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal, including the Vietnam Service Medal.

17.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and Decorations) provided for the processing of foreign awards and decorations presented to individuals and units.  It states, in pertinent part, that the Republic of Vietnam Gallantry Cross Unit Citation was awarded in four degrees:  with Palm, with Gold Star, with Silver Star, and with Bronze Star.

18.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), in pertinent part, states that unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached by competent orders to and present for duty with the unit during the entire period or at least 30 consecutive days of the period cited.

19.  Title 10 of the United States Code, section 1130 (10 USC 1130), provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or upgrading of a decoration) either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his discharge document should be corrected to show the additional number of awards of the Air Medal he is entitled to based on the flight hours he accrued while serving in the RVN.

2.  The evidence of record shows that the applicant was awarded the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam from 11 October 1967 to 8 November 1967.

3.  The evidence of record shows the applicant accrued a total of 162.1 hours of flight time and 198 landings (i.e., combat missions) while serving in the RVN.  The evidence of record also shows, in pertinent part, that to be recommended for award of the Air Medal, an individual must have completed a minimum of
100 category III missions and 100 flight hours.  The evidence of record further shows the applicant was awarded the Air Medal based on 100 missions
(i.e., Category III combat missions).  In this regard, the applicant’s DA Forms
759 and DA Forms 759-1, coupled with the USARV Form 131 (Awards and Qualification Record Work Sheet - Air Medal), fail to document a sufficient number of total missions (i.e., 200) and flight hours (i.e., 200) to support award of an additional Air Medal.  Therefore, in view of the foregoing, and in the absence of evidence to the contrary, there is insufficient evidence upon which to base award of any additional awards of the Air Medal.

4.  While the available evidence is insufficient for awarding the applicant any additional awards of the Air Medal, this in no way affects the applicant’s right to pursue his claim for the Air Medal by submitting a request through his Member of Congress under the provisions of 10 USC 1130.
5.  Records show the applicant served in 4 campaigns in Vietnam.  Therefore, his records should be corrected to show award of 4 bronze service stars to be affixed to his Vietnam Service Medal.

6.  General Orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to correct his records to show this foreign unit award.

7.  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

JS  ___      WDP__       LCB____  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 by:

     a.  deleting from Item 24 of his DD Form 214 the “Vietnam Service Medal”; and

     b.  adding to Item 24 of his DD Form 214 the “Vietnam Service Medal with
4 bronze service stars and Republic of Vietnam Gallantry Cross with Palm Unit Citation.”




      ______J S_____
                CHAIRPERSON

ABCMR Record of Proceedings (cont)                                         AR20070013811



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