IN THE CASE OF:	  

		BOARD DATE:	        3 September 2008

		DOCKET NUMBER:  AR20080008511 


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 award of the Air Medal with Numeral “33,” the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and all other awards he earned as a result of his service in Vietnam.    

2.  The applicant states that he served in Vietnam from 5 January 1971 to 15 December 1971 and in Germany from 19 February 1972 to June 1973, and that his awards were left off his records.      

3.  The applicant provided a copy of his DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 29 November 1970 and 21 June 1974; National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service in the Army National Guard), dated 9 March 1976; DA Form 21 (Officer Qualification Record), dated 24 August 1972; and DA Form 759 (Individual Flight Record and Flight Certificate-Army), for the periods July 1973 to December 1973, January 1974 to May 1974, and January 1975 to March 1975. 

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 records show he enlisted in the Regular Army for a period of 2 years under the Warrant Officer (WO) Flight Training Option on 15 September 1969.  He subsequently entered active duty and completed the U.S. Army Primary Helicopter School (USAPHS), the U.S. Army Aviation School (USAAVN), and all phases of the Warrant Officer Rotary-Wing Aviator Candidate (WORWAC) training.  He was honorably discharged on 29 November 1970 for the purpose of accepting an appointment as a WO.

3.  The applicant’s records also show he was appointed as a Reserve WO of the Army in the rank/grade of WO1 and executed an oath of office on 30 November 1970.  He was awarded military occupational specialty (MOS) 100B (Rotary Wing, Pilot, Observation Utility and Light Cargo Helicopter) and was promoted to chief warrant officer two (CW2).  He was honorably discharged and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 21 June 1974.

4.  The applicant’s records further show he completed two periods of foreign service as follows:

	a.  in the Republic of Vietnam, from 5 January 1971 to 15 December 1971. He was assigned to Company B, 158th Aviation Battalion, 101st Airborne Division, as a Helicopter Pilot from 5 January 1971 to 14 April 1971.  He was also assigned to Headquarters and Headquarters Company, 2nd Brigade, 101st Airborne Division, as a Helicopter Pilot, from 15 April 1971 to 15 December 1971; and,

   b.  in Germany, from 19 February 1972 to 14 June 1974, he was assigned to the 421st Medical Company as a Helicopter Evacuation Pilot.   

5.  Item 26 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214, dated 21 June 1974, shows he was awarded the National Defense Service Medal, the Army Aviation Badge, the Good Conduct Medal, the Vietnam Service Medal, the Distinguished Flying Cross, the Army Commendation Medal, two Overseas Service Bars, the Republic of Vietnam Gallantry Cross with Silver Star, the Expert Marksmanship Qualification Badge with Rifle Bar, and the Expert Marksmanship Qualification Badge with Pistol Bar.  Item 26 does not show award of the Air Medal and/or the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
6.  The applicant’s records do not contain general orders awarding him the Air Medal.

7.  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 Air Medal orders on file for the applicant.

8.  The applicant was awarded the Distinguished Flying Cross for heroism in action while participating in aerial flight on 24 September 1971 in the Republic of Vietnam.  General Orders Number 10699, Headquarters, 101st Airborne Division, dated 17 November 1971, cited the following reason:

For heroism while participating in aerial flight evidenced by voluntary action above and beyond the call of duty in the Republic of Vietnam.  [Applicant] distinguished himself on 24 September 1971 while serving as a pilot of an OH-6A helicopter during the extraction of a ranger team in heavy enemy contact near Fire Base Rifle in the Republic of Vietnam.  Upon arriving in the contact area, [Applicant] flew low level to locate and mark enemy positions for accompanying armed helicopters.  He repeatedly subjected himself to enemy fire as he remained in the area to direct artillery fire on the enemy targets.  When the ranger team was threatened by enemy forces, [Applicant] maneuvered his aircraft close to the enemy positions as his door-gunner delivered devastating fire which forced the enemy to withdraw.  His efforts were instrumental in the safe extraction of the beleaguered ranger team. 

9.  The applicant’s DA Form 759 (Individual Flight Record and Flight Certification-Army) shows he accrued 835 hours of combat flight time in the Republic of Vietnam.  However, his flight record does not indicate the category (assault, support, hazardous) of his combat flight time.

10.  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.  This 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.  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.  

12.  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.

13.  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.

14.  Appendix IV of USARV Regulation 672-1 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.”
15.  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 B Company, 158th Aviation Battalion was cited for award of the Presidential Unit Citation from 8 February 1971 to 28 March 1971 based on Department of the Army General Order 13, dated 1974; the Republic of Vietnam Gallantry Cross with Palm Unit Citation from 1 March 1971 to 9 October 1971, based on Department of the Army General Order Number 6, dated 1974; and the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation from 25 February 1969 to 2 May 1970 based on Department of the Army General Orders 48, dated 1971.

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

17.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Counteroffensive, Phase VII (1 July 1970 to 30 June 1971), the Consolidation I (1 July 1971 to 30 November 1971), and the Consolidation II (1 December 1971 to 29 March 1972) 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.  The evidence of record shows that the applicant accrued 835 hours of combat time.  However, his flight record does not indicate the category of those combat hours.  In the absence of clear evidence of the exact category of his combat flight time, his flight time must be calculated using the type of flight time requiring the highest number of hours.  Based on category III missions, the applicant’s 835 hours of flight time qualifies him to 8 awards of the Air Medal.  Therefore, he is entitled to correction of his records to show award of the Air Medal with Numeral 8.

2.  General Orders awarded the applicant’s unit the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation, which are not shown on his records.  Therefore, he is entitled to correction of his records to show these unit awards.

3.  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. 

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 Air Medal with Numeral 8 for participating in aerial flight in the Republic of Vietnam from January 1971 to December 1971; and

	b.  showing award of the Air Medal (Numeral 8),  the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation, and three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

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 award of the Air Medal with Numeral 33.



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      _______ _   _______   ___
               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)                                         AR20080008511





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ABCMR Record of Proceedings (cont)                                         AR20080008511



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