IN THE CASE OF:	  

	BOARD DATE:	  15 May 2008

	DOCKET NUMBER:  AR20080000701 


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, in effect, award of the Air Medal (AM) 18th Oak Leaf Cluster (19th Award).  

2.  The applicant states, in effect, that he believes he should have been awarded the AM 18th Oak Leaf Cluster (19th Award) based on the fact he flew daily combat missions in the Republic of Vietnam (RVN).  He also states the original paperwork for these awards was incorrect and was to be resubmitted; however, the awards were not reflected on his separation document (DD Form 214).

3.  The applicant provides a copy of his separation document in support of his request.

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 record shows he enlisted in the Regular Army and entered active duty on 25 July 1967.  He was trained in and awarded military occupational specialty (MOS) 67N (UH-1 Helicopter Repairman), and the highest rank he attained while serving on active duty was specialist five (SP5).

3.  The applicant's Enlisted Qualification Record (DA Form 20) shows he served in the RVN from 24 February 1968 to 17 February 1969.  Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to Headquarters and Headquarters Company, 3rd Brigade, 1st Cavalry Division as a helicopter mechanic.

4.  The applicant’s Military Personnel Records Jacket (MPRJ) contains Headquarters, 1st Cavalry Division Special Orders Number 126, dated 5 May 1968.  These orders authorized the applicant to receive hazardous duty pay for performing frequent aerial flight as a crew member beginning 12 March 1968.  It also contains Headquarters, 1st Cavalry Division Special Orders Number 231, dated 18 August 1968, which awarded him the Aircraft Crewman Badge.

5. The applicant's MPRJ also contains Headquarters, 1st Cavalry Division General Orders Number 12473, dated 22 September 1968, which awarded him the Army Commendation Medal (ARCOM) with “V” (Valor) Device.  The citation reflected on these orders indicates, in pertinent part, that the award was made for heroism during military operations against a hostile force in the RVN, while performing as a crew chief of a helicopter during a rescue mission.  The MPRJ is void of any orders, or other documents that indicate he was ever recommended for, or awarded the AM, and of any flight records documenting his flight hours and types of flight missions performed in the RVN.  It is also void of any flight records documenting the amount of hours and category of missions the applicant completed in the performance of his aerial flight duties while serving in the RVN.

6.  On 24 July 1970, the applicant was honorably released from active duty (REFRAD) after completing 3 years of active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time shows he earned the following awards:  National Defense Service Medal (NDSM); Vietnam Service Medal (VSM); Vietnam Campaign Medal (VCM); ARCOM with "V" Device; Aircraft Crewman Badge; Bronze Star Medal (BSM);  Army Good Conduct Medal (AGCM); Expert Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar; and 2 Overseas Service Bars.


7.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  Paragraph 2-13 of the awards regulation contains guidance on award of the VSM.  It states, in pertinent part, that a bronze service star is authorized with this award for each RVN campaign a member is credited with participating in while serving in the RVN.

8.  Table B-1 of the awards regulation contains a list of campaigns.  It shows that during his tenure of assignment in the RVN, participation credit was granted for the TET Counteroffensive, Vietnam Counteroffensive Phase IV, Vietnam Counteroffensive Phase V, and Vietnam Counteroffensive Phase VI campaigns.

9.  Paragraph 3-15 contains guidance on the AM.  It states, in pertinent part, that it is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight. The AM is awarded to any person who, while serving in any capacity in or with the U.S. Army, will have distinguished himself or herself by meritorious achievement while participating in aerial flight. Awards may be made to recognize single acts of merit or heroism, or for meritorious service.  The version of the awards regulation in effect at the time the applicant served provided for awarding an Oak Leaf Cluster to denote the second and subsequent awards of the AM.  Under current regulatory guidance, Numerals starting with 2 are used to denote second and subsequent awards of the AM.  

10.  United States Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided local USARV awards policy.  It also established guidelines for award of the AM in the RVN.  It defined terms and provided guidelines for the award based upon the number and types of missions or hours.  Combat missions were divided into three categories:  Category I (air assault and equally dangerous missions); Category II (support rendered a friendly force immediately before, during or immediately following a combat operation); and Category III (support of friendly forces not connected with an immediate combat operation).  

11.  The USARV awards regulation stipulated that to be recommended for award of the AM, 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 AM for sustained operations, different computations would have had to be made to combine Category I, II and III flight time and adjust it to a common denominator.  A Category I mission was defined as a mission performed in a "combat assault" (CA) role; a Category II mission was defined as a mission performed in "direct combat support" (DCS) role; and a Category III mission was defined as one performed in an "other combat support" (OCS) role.  

12.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault-landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during his tenure of assignment in the RVN, the applicant’s unit (1st Cavalry Division) earned the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should receive the AM 18th Oak Leaf Cluster (19th Award) was carefully considered and found to have partial merit.  By regulation, the AM is awarded to any person who, while serving in any capacity in or with the U.S. Army, will have distinguished himself or herself by meritorious achievement while participating in aerial flight and based on the number and types of missions flown.

2.  Although the applicant’s MPRJ is void of any evidence to show he was ever recommended for or awarded the AM, it is clear he was on flight status and served as a crew chief while serving in the RVN, as evidenced by orders authorizing him flight pay and awarding him the Aircraft Crewman Badge based on his flight duties in the RVN.  As a result, it is clear he is entitled to the basic award of the AM, and it should be added to his record and separation document at this time. 

3.  However, given that the applicant’s record is void of any flight records that would allow confirmation of the number of hours and categories of missions he actually performed in aerial flight while serving in the RVN, there is insufficient evidence to confirm the number of additional awards he would be authorized with the basic AM.  As a result, absent flight records, there is an insufficient evidentiary basis to establish his entitlement to additional awards of the AM.

4.  Based on the applicant’s service and campaign participation in the RVN, he is also entitled to the RVN Gallantry Cross with Palm Unit Citation; RVN Civil Actions Honor Medal First Class Unit Citation; and 4 bronze service stars with his VSM.  Therefore, it would also be appropriate to add these awards to his record and separation document at this time.  


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 awarding him the Air Medal; by showing his entitlement to the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and 4 bronze service stars for wear on his already-awarded Vietnam Service Medal; and by providing him a correction to his separation document that reflects these awards.  

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 additional awards of the Air Medal.




      _________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)                                         AR20080000701



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ABCMR Record of Proceedings (cont)                                         AR20080000701



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