IN THE CASE OF:	  

		BOARD DATE:	       23 April 2009 

		DOCKET NUMBER:  AR20090000131 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his DD Form 214 (Armed Forces of the United Report of Transfer or Discharge) be corrected to show he was awarded the Air Medal with "V" Device and the correct numeral based on his flight time and the number of combat assault missions completed. 

2.  The applicant states, in effect, that the Air Medal with "V" Device is not listed on his DD Form 214, but he has the recommendation and citation.  

3.  The applicant provides copies of the completed U.S. Army Vietnam (USARV) awards recommendation form with citation and witness statement.

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 enlisted in the Regular Army on 6 September 1966.  He completed training and was awarded military occupational specialty (MOS) 67N 
(UH-1 Helicopter Repairman) and, on 5 March 1968, arrived in Vietnam where he was assigned to A Company, 229th Aviation Battalion, 1st Cavalry Division (Airmobile).

3.  On 6 July 1968 he was promoted to pay grade E-5.

4.  Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 5879, dated 24 June 1968, awarded the applicant the Air Medal for the period from March to April 1968.  

5.  He departed Vietnam on 2 March 1969 and, on 5 September 1969, he was honorably released from active duty, in pay grade E-5, and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  The applicant's DD Form 214 lists his authorized awards as the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, Vietnam Service Medal with four bronze service stars, Vietnam Campaign Medal with Device "1960," Air Medal, two overseas service bars, the Army Good Conduct Medal, and the National Defense Service Medal.   

6.  There are no flight records available to show how many hours and/or missions the applicant completed.

7.  The USARV awards recommendation form that the applicant submitted with his application shows that his company commander, a major, recommended him for award of the Air Medal with "V" Device for heroic action as a helicopter door gunner on 5 July 1968.  An accompanying statement by a warrant officer pilot described the overall action and a proposed citation described the applicant's behavior as follows:  "…SP/5 N____ without regard for his own personal safety exposed himself time and time again to return the enemy fire…."

8.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the Air Medal, including the one authorized by 1st Cavalry Division General Orders Number 5879.

9.  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.

10.  The regulation also 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.

11. 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.  

12.  Based on the applicant's service in the Republic of Vietnam from 5 March 1968 to 2 March 1969, and Appendix B of Army Regulation 600-8-22, he participated in the following five campaign periods:  Tet Counteroffensive         (30 January 1968 – 1 April 1968); Vietnam Counteroffensive, Phase IV (2 April 1968 – 30 June 1968); Vietnam Counteroffensive, Phase V (1 July 1968 –          1 November 1968); Vietnam Counteroffensive,  Phase VI (2 November 1968 – 22 February 1969); and the Tet 69 Counteroffensive, 1969 (23 February 1969 – 8 June 1969). This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver star is worn in lieu of five bronze service stars. 

13.  The Army Regulation governing military awards at the time in question provided for temporary and permanent award of the Aircraft Crew Member Badge (currently known as the Aviation Badge).  The regulation authorized the commander of any unit with Army aircraft assigned to publish orders allowing qualified members of that command to wear the Aircraft Crew Member Badge.  To be eligible for temporary award of the Aircraft Crew Member Badge an individual had to be on flying status as a crew chief in the case of crew chiefs, electronic sensor system operators, and flight engineers or as a non-crewmember in the case of observers, medical aidmen, gunners, aircraft maintenance supervisors, or technical inspectors.  The regulation also required individuals to be qualified based on a Class III physical 
examination, and to hold a principal duty assignment as a crew chief, flight engineer, aircraft maintenance supervisor, observer, gunner, or technical 
inspector.  These personnel are authorized to wear the badge temporarily until relieved from these duties or they may be authorized permanent wear of the Aircraft Crew Member Badge once they have fulfilled the regulatory requirements for permanent award of the badge.  

14.  For permanent award of the Aircraft Crew Member Badge, an individual must have performed in one of the duties specified above for not less than 12 months (not necessarily consecutive) or must have been school trained for a principal duty specified above.  Personnel who are precluded by incapacitation from further flight duty due to wounds sustained as a result of hostile action or injuries resulting from an aircraft accident for which they are not personally responsible are entitled to permanent wear of the Aircraft Crew Member Badge.  Further, an individual who has participated in at least 15 combat missions under probable exposure to enemy fire while serving in the principal duty of crew chief, flight engineer, aircraft maintenance supervisor, observer, gunner, or technical inspector is entitled to permanent award of the Aircraft Crew Member Badge.

15.  Army Pamphlet 672-3 (Unit Citation and Campaign Credit Register) shows that the 229th Aviation Battalion was authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 through 
19 May 1969 by Department of the Army General Order (DAGO) 59 of 1969; and the Republic of Vietnam Civil Action Honor Medal First Class Unit Citation  for the period 1 January 1969 through 1 February 1970 by DAGO 42 of 1972. 

16.  Army Regulation 600-8-22, paragraph 1-15 provides that, if the Secretary of the Army determines that a statement setting forth the distinguished act, achievement, or service, and a recommendation for official recognition was made and supported by sufficient evidence within 2 years after the distinguished service, and that no award was made because the statement was lost, or through inadvertence the recommendation was not acted upon; he or she may, within 2 years after the date of the determination, award any appropriate military decoration.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should receive additional awards of the Air Medal based on the number of flight hours and missions and that he was recommended for award of the Air Medal with "V" Device.

2.  The applicant's commanding officer recommended him for award of the Air Medal with "V" Device for heroic action in aerial flight by exposing "…himself time 
and time again to return the enemy fire…."  This action warrants and these circumstances warrant approval of the recommendation for the award of the Air Medal with "V" Device.

3.  A statement setting forth the distinguished act, achievement, or service, and a recommendation for official recognition was made.  It was supported by sufficient evidence within 2 years, and no award was made.  However, the available evidence adequately demonstrates the applicant's heroic action was of such significance that it would have been approved had not the recommendation become lost or through some other inadvertence the recommendation was not acted upon.

4.  The applicant should be awarded the Air Medal with "V" Device for heroic action on 5 July 1968.  It should also carry the numeral "2" since this is the applicant's second award of the Air Medal.
 
5.  While there were provisions for awarding the Air Medal based upon the number of flight hours and missions, the applicant's flight records are not available; therefore, no additional awards can be made based on those criteria.

6.  The applicant qualified for permanent award of the Aircraft Crew Member Badge by virtue of his training as a UH-1 Helicopter Repairman, MOS 67N, his assignment and completion of at least 15 combat missions.

7.  The applicant served in Vietnam during five designated campaign periods and, therefore, is authorized to wear a silver service star on the Vietnam Service Medal.

8.  The applicant's Vietnam unit was awarded the Republic of Vietnam Gallantry Cross and the Republic of Vietnam Civil Action Honor Medal First Class Unit Citation Badges.  Therefore, these awards should be added to his DD Form 214.    
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ___X____  ___X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from item 24 of the applicant's DD Form 214 the Vietnam Service Medal with 4 bronze service stars and the Air Medal;

   b.  awarding the applicant the Air Medal with "V" Device and numeral "2";

   c.  awarding the applicant the Aviation Badge; and

	d.  adding to item 24 of the applicant's DD Form 214 the Air Medal with "V" Device and Numeral "2," Aviation Badge, Vietnam Service Medal with 1 silver service star, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the award of additional Air Medals based upon the number of flight hours and missions.



      _________X______________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20090000131



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090000131



6


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1