IN THE CASE OF:	  

		BOARD DATE:	  	  23 October 2008

		DOCKET NUMBER:  AR20080010056 


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 item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Air Medal with “V” Device and the Air Medal with Numeral “11.”

2.  The applicant states that he was awarded one Air Medal with “V” Device and has 458 hours of combat flight time.  

3.  The applicant provides a copy of two DA Forms 759 (Part I) (Individual Flight Record and Flight Certificate - Army) and one DA Form 759-1 (Part II) (Individual Flight Record and Flight Certificate - Army).

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 inducted into the Army of the United States (AUS) on 28 November 1966 and was honorably discharged on 1 December 1966 for enlistment in the Regular Army.  He enlisted in the Regular Army on 2 December 1966 for a period of three years.  At the completion of basic combat and advanced individual training, he was awarded military occupational specialty 76Y (supply specialist).  His highest grade held was specialist four (SP4)/E-4.  

3.  He was assigned to Vietnam on 28 April 1968 with the 608th Transportation Company.  His DA Form 20 (Enlisted Qualification Record) shows he was reassigned to the 188th Assault Helicopter Company from 6 July 1968 through 31 July 1968 and Company C, 101st Aviation Battalion from 1 August 1968 through 24 April 1969 as a door gunner in Vietnam.  

4.  Headquarters, 101st Airborne Division, General Orders Number 3740, dated 25 April 1969, awarded the applicant the basic Air Medal for meritorious achievement while participating in aerial flight from 26 July 1968 to 5 August 1968 in the Republic of Vietnam.

5.  Headquarters, 101st Airborne Division, General Orders Number 5332, dated 24 May 1969, awarded the applicant the Air Medal with “V” Device for heroism while participating in aerial flight on 20 August 1968 in the Republic of Vietnam.  

6.  The applicant provided his DA Form 759 which shows he completed a total of 458 flight hours of combat time as March 1969.

7.  The applicant departed Vietnam in April 1969 and was credited with participation in the Vietnam Counteroffensive Phase IV Campaign, the Vietnam Counteroffensive Phase V Campaign, the Vietnam Counteroffensive Phase VI Campaign, and the Tet 69 Counteroffensive, 1969 Campaign.

8.  The applicant was discharged on 23 October 1969.

9.  His DD Form 214 for the period ending 23 October 1969 shows the National Defense Service Medal, the Vietnam Service Medal with bronze service star, the Republic of Vietnam Campaign Medal with Device (1960), the Aircraft Crewman Badge, the Air Medal, the Expert Marksmanship Qualification Badge with Rifle Bar, and two Overseas Service Bars as authorized awards.  


10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that, at the time of the applicant’s assignment to the 608th Transportation Company, this unit was cited for award of the Meritorious Unit Commendation by Department of the Army General Orders Number 39, dated 1970.

11.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment to the 101st Aviation Battalion, this unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 43, dated 1970.

12.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment to the 101st Aviation Battalion, this unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 48, dated 1971.

13.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, guidelines for award of the Air Medal.  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.  The individual’s accomplishments and service for the entire group of missions must reflect meritorious performance throughout, with no instance of nonprofessionalism, mediocrity, or failure to display an offensive spirit.  The regulation stated that these guidelines were considered only a departure point.  

14.  Army Regulation 600-8-22 (Military Awards) 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.  

15.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s DD Form 214 for the period ending 23 October 1969 shows the basic award of the Air Medal.

2.  General orders show the applicant was awarded the Air Medal with “V” Device for heroic actions while participating in aerial flight on 20 August 1968 in Vietnam.  

3.  The applicant’s flight records show he flew a total of 458 combat flight hours in Vietnam during the period February through March 1969.  Any reasonable doubt as to whether or not all of those hours were combat flight hours should be resolved in his favor.  Therefore, calculations show he is eligible for 18 awards of the Air Medal for his 458 combat flight hours plus one for his Air Medal with "V" Device.  

4.  Therefore, the applicant's DD Form 214 for the period ending 23 October 1969 should be amended to reflect the Air Medal with Numeral "19" and with "V" Device.

5.  The applicant was assigned to a unit during a period it was awarded the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, these awards should be added to his DD Form 214 for the period ending 23 October 1969.

6.  The applicant’s DD Form 214 for the period ending 23 October 1969 currently reflects the Vietnam Service Medal with bronze service star.  However, he received credit for participation in four campaigns during the Vietnam War.  Therefore, his DD Form 214 for the period ending 23 October 1969 should be amended to reflect four bronze service stars for wear on his Vietnam Service Medal.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____XX____  ___XX____  ____XX____  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 the Air Medal from his DD Form 214 for the period ending
23 October 1969; 

   b.  adding the Air Medal with Numeral “19” and with “V” Device, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his DD Form 214 for the period ending 23 October 1969; and 

   c.  amending his DD Form 214 for the period ending 23 October 1969 to show four bronze service stars for wear on his already-awarded Vietnam Service Medal.

2.  The Board further determined that the evidence 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 "11."



      ________XXXX______________
               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)                                         AR20080010056



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080010056



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1