IN THE CASE OF:	  

	BOARD DATE:	  26 June 2008

	DOCKET NUMBER:  AR20080004131 


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 correction of his records to show award of the Air Medal (1st through 9th Oak Leaf Cluster) and the Bronze Star Medal.

2.  The applicant also requests, in effect, the Board provide him with a courtesy copy of orders awarding him the Aircraft Crewman Badge (Permanent).

3.  The applicant states his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show all his awards and decorations.

4.  The applicant provides a copy of an undated extract of the Department of Veterans Affairs (VA) Rating Decision, 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.  The applicant was furnished with a courtesy copy of orders awarding him the Aircraft Crewman Badge (Permanent), on 24 June 2008.  As a result, the Aircraft Crewman Badge (Permanent) will not be discussed further in this Record of Proceedings.

3.  The applicant's record shows that he was inducted into the Army of the United States on 5 October 1965.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 67N (Single Rotor Turbine Helicopter Mechanic).  He was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 12 July 1967.  The highest rank/grade he attained during his military service was specialist five (SP5)/E-5.

4.  The applicant’s record shows he served in the Republic of Vietnam during the period 16 May 1966 to 10 July 1967.  He served in various capacities and was assigned to different units as follows:

	a.  from 16 May 1966 to 15 February 1967, he was assigned as a Helicopter Repairman with the 484th Transportation Detachment; 

	b.  from 16 February 1967 to 30 May 1967, he was assigned as a Helicopter Repairman with the 282nd Aviation Company; and

	c.  from 31 May 1967 to 10 July 1967, he was assigned as a Crew Chief  with the 282nd Aviation Company.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of the applicant’s DD Form 214, dated 12 July 1967, shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Air Medal, the Aircraft Crewman Badge, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

6.  Item 24 does not show award of the Air Medal (1st through 9th Oak Leaf Cluster) or the Bronze Star Medal.

7.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) shows award of the Air Medal, but does not show the applicant was awarded any Oak Leaf Clusters. 
8.  Headquarters, 1st Aviation Brigade, General Orders Number 947, dated 19 March 1967, show the applicant was awarded the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam during the period 7 February 1967 to 28 February 1967.

9.  Headquarters, 1st Aviation Brigade, General Orders Number 3421, dated 19 July 1967, show the applicant was awarded the Air Medal (1st through 3rd Oak Leaf Cluster), for meritorious achievement while participating in aerial flight in the Republic of Vietnam during the period 4 March 1967 to 15 May 1967.

10.  There are no general orders in the applicant's records that show he was awarded the Air Medal (4th through 9th Oak Leaf Cluster) or the Bronze Star Medal.

11.  The applicant's flight record that documented his flight history and qualifications is not available for review with this case.

12.  During the processing of this case, a member for the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal any Bronze Star Medal or Air Medal (4th through 9th Oak Leaf Cluster) orders on file for the applicant.

13.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  

14.  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.




15.  U.S. 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.  

16.  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.

17.  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 and adjust it to a common denominator.

18.  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 hours for award of the Air Medal,” and 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.”

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 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.

20.  Review of the applicant's records indicates his entitlement to additional awards that are not shown on his DD Form 214.

21.  A review of the applicant's service record shows no derogatory information that would disqualify him for the first award of the Good Conduct Medal.  Furthermore, Item 38 (Record of Assignments) of the applicant's DA Form 20 shows his conduct and efficiency ratings were "Excellent" throughout his military service.

22.  Army Regulation 672-5-1, in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.

23.  Headquarters, U.S. Army Vietnam, Memorandum, dated 7 October 1967, shows the applicant was authorized to wear the Republic of Vietnam Gallantry Cross with Bronze Star for heroic action on 4 May 1967.

24.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 282nd Aviation Company was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 46, dated 1969.




25.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, dated 29 January 1973, shows he was awarded the Vietnam Service Medal.

26.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Counteroffensive, Phases I; II; and III campaigns during his tour of duty in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  General Orders awarded the applicant the Air Medal (1st through 3rd Oak Leaf Cluster), for meritorious achievement while participating in aerial flight in the Republic of Vietnam, which is not shown on his records.  Therefore, he is entitled to correction of his records to show these awards.

2.  General Orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation, which is not shown on his records.  Therefore, he is entitled to correction of his records to show this unit award.

3.  The evidence of record confirms that the applicant served honorably during the period 5 October 1965 to 12 July 1967.  He received "Excellent" efficiency and conduct ratings, attained the rank/grade of SP5/E-5, and was awarded multiple awards of the Air Medal.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

4.  Headquarters, U.S. Army Vietnam, Memorandum, shows the applicant was authorized to wear the Republic of Vietnam Gallantry Cross with Bronze Star for heroic action on 4 May 1967, which is not shown on his records.  Therefore, he is entitled to correction of his records to show this individual award.

5.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in three campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of three bronze service stars to be affixed to the Vietnam Service Medal.



6.  With respect to award of the Air Medal (1st through 9th Oak Leaf Cluster), the applicant's record is void of his flight record to indicate the number and type of flying hours he performed in the Republic of Vietnam.  Furthermore, his record is void of general orders that show he was awarded the Air Medal beyond the 3rd Oak Leaf Cluster.  Therefore, there is insufficient evidence in the available record to grant the applicant the requested relief. 

7.  With respect to award of the Bronze Star Medal, the applicant’s record is void of any formal recommendation, approval through the chain of command, or orders that show he was awarded the Bronze Star Medal.  Furthermore, there is no evidence in the available record and the applicant did not submit any 

substantiating evidence that shows the specific heroism and/or meritorious achievement or service that led to awarding him the Bronze Star Medal.  Therefore, there is insufficient evidence in the available record to grant the applicant the requested relief.

8.  While the available evidence is insufficient for awarding the applicant the Air Medal (4th through 9th Oak Leaf Cluster) and the Bronze Star Medal, this in no way affects the applicant’s right to pursue his claim for the Air Medal (4th through 9th Oak Leaf Cluster) and the Bronze Star Medal, by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__xxx___  __xxx___  __xxx___  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.  awarding the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 5 October 1965 to 12 July 1967; and

	b.  showing award of the Good Conduct Medal (1st Award), the Air Medal (1st through 3rd Oak Leaf Cluster), the Republic of Vietnam Gallantry Cross with 
Palm Unit Citation, the Republic of Vietnam Gallantry Cross with Bronze Star, and three bronze service stars to be affixed to his already-awarded Vietnam Service Medal, in Item 24 of the applicant's DD Form 214, dated 12 July 1967.

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 Air Medal (4th through 9th Oak Leaf Cluster) and the Bronze Star Medal.



								XXX
      _______________________
      	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)                                         AR20080004131



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ABCMR Record of Proceedings (cont)                                         AR20080004131



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