RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  08 May 2008
	DOCKET NUMBER:  AR20070018038 


	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:


M

Chairperson

M

Member

M

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, that his military records be corrected to show the award of the Air Medal. 

2.  The applicant essentially states that he was awarded the Air Medal and his Aircraft Crewman Badge while in Vietnam, but his award of the Air Medal is not listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  He also recalls the ceremony, but states that he never received any paperwork in regards to his award of the Air Medal.  He further states that he was awarded the Air Medal in September or October 1969 in Tay Ninh, Vietnam.

3.  The applicant provides no additional evidence in support of this 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.  The applicant's military records show that he enlisted in the Regular Army on 5 December 1968.  He completed basic and advanced individual training and was awarded military occupational specialty 67Y (UH-1 Helicopter Repairer).  He departed for the Republic of Vietnam on 3 July 1969, and was assigned to the 2nd Battalion, 20th Artillery, 1st Cavalry Division during his tour in Vietnam.  He returned to the continental United States on 11 December 1970, and was assigned to Hunter Army Airfield, Georgia until he was honorably released from active duty on 5 November 1971.  The DD Form 214 that was issued to him at the time of his release from active duty shows that he was awarded the Army Commendation Medal with First Oak Leaf Cluster, the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Aircraft Crewmember Badge, and the Expert Marksmanship Qualification Badge with Rifle Bar.

3.  The applicant's military records do not show that he was awarded the Air Medal.  Although a search of the United States Army Human Resources Command Awards and Decorations Computer-Assisted Retrieval System, a 
web-based index containing roughly 611,000 general orders issued between 1965 and 1973 for the Vietnam era, produced orders awarding him one of his two Army Commendation Medals, it failed to produce any orders awarding him the Air Medal.  Additionally, his military records do not contain any forms which document his flight hours or missions flown.

4.  During a review of the applicant’s records, it was determined that he is entitled to additional awards and decorations that are not shown on his DD Form 214.

5.  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 2nd Battalion, 20th Artillery, the unit was cited for award of:

	a.  the Valorous Unit Award by Department of the Army General Orders Number 43, dated 1972;

	b.  the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 42, dated 1972, as amended by Department of the Army General Orders Number 11, dated 1973; and

	c.  the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 42, dated 1972.

6.  The applicant’s DD Form 214 shows that he was awarded the Vietnam Service Medal, but it does not show that he was awarded any bronze service stars to signify campaign participation credit.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-13 contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Table B-1 contains a list of Vietnam campaigns, and it shows that during the applicant’s assignment in Vietnam, the applicant participated in the Vietnam Summer-Fall 1969 campaign, the Vietnam Winter-Spring 1970 campaign, the DA Sanctuary Counteroffensive campaign, and the Vietnam Counteroffensive Phase VII campaign.

7.  Appendix IV of U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) governed award of the Air Medal to aviation crew members during operations in Vietnam.  This regulation provided for award of the Air Medal based on “sustained operations” which was essentially defined by completion of a set number of missions and flight hours:  Category I – One award of the Air Medal for 25 combat (or equally dangerous) missions and a minimum of 25 flight hours; Category II – One award of the Air Medal for 50 support missions (resupply, forward air control, artillery adjustment, etc) rendered to friendly forces immediately before, during or following a combat mission and a minimum of 50 hours of flight time during category II missions; and Category III – One award of the Air Medal for 100 missions in support of friendly forces connected with an immediate combat operation (chemical spray, search and rescue, aeromedical evacuation, visual reconnaissance, etc) but accomplished at an altitude which makes the aircraft at times vulnerable to small arms fire and 100 hours of flight time while engaged in category III missions.

8.  During the Vietnam War era, two forms were used to record hours and missions flown:

	a.  DA Form 759 (Individual Flight Record and Flight Certificate-Army Part I) was the Department of the Army record used to officially record flight hours, training accomplished and aircraft qualifications over the course of a year, normally from 1 July through 30 June, or from 1 July to the end of a specific assignment.  This form listed hours flown each month, but did not list the type and number of missions; and

	b.  DA Form 759-1 (Individual Flight Record and Flight Certificate-Army Part II) was the Department of the Army record used to record monthly flight hour totals.  Section VI (Record of Flying Time), in part, showed the dates flown, the type of missions flown, type of aircraft flown and duty position.  This form indicated the number of hours flown each day and the type of missions (combat, training, orientation etc.), but did not indicate the number of missions flown.

9.  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 a 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 the 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.

10.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected to show the award of the Air Medal.

2.  While the sincerity of the applicant's claim that he was awarded the Air Medal while he was serving in Vietnam is not questioned, there is no evidence in the applicant's military records, and the applicant failed to provide any evidence which proves, by a preponderance of the evidence, that he was awarded the Air Medal.  In view of the foregoing, there is insufficient basis for correcting his military records to show the award of the Air Medal.

3.  While the available evidence is insufficient for awarding the applicant 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.  

4.  General orders awarded the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to the 2nd Battalion, 20th Artillery while the applicant was assigned to this battalion.  Therefore, he is entitled to award of the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and correction of his military records to show these unit awards.

5.  The applicant participated in four campaigns during his tour in Vietnam; therefore, he is entitled to correction of his military records to show four bronze service stars to be affixed to his already awarded Vietnam Service Medal.

6.  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

__XXX __  __XXX__  __XXX__   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.  awarding him the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and

	b.  showing four bronze service stars to be affixed to his already awarded Vietnam Service Medal.




      ___        XXX                ___
                CHAIRPERSON


ABCMR Record of Proceedings (cont)                                         AR20070018038



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
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