IN THE CASE OF:	  

		BOARD DATE:	        06 NOVEMBER 2008

		DOCKET NUMBER:  AR20080010508 


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 additional awards of the Air Medal be included on his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214).

2.  The applicant states that he flew 1160 combat hours in Vietnam between 1969 and 1970 and that his subsequent awards of the Air Medal were not included on his DD Form 214.

3.  The applicant provides a copy of his Summary of Pilot Experience and a copy of his DD Form 214 for the period ending 12 June 1972.

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.  On 10 June 1966, the applicant enlisted in the Regular Army in Fargo, North Dakota, for 3 years in the pay grade of E-1.  He successfully completed his training as an aircraft maintenance crewman.

3.  After completing 11 months and 19 days of total active service, the applicant was honorably discharged on 28 May 1967 under the provisions of Army Regulation 635-200, paragraph 5-4, to accept a commission as a second lieutenant (O-1).  The DD Form 214 that he was furnished at the time of his discharge shows that he was awarded the National Defense Service Medal, the Army Good Conduct Medal, and the Sharpshooter Marksmanship Qualification Badge (Rifle M-14).

4.  The applicant accepted his commission as an O-1 on 29 May 1967.  After completing the Officer Rotary Wing Aviator Course, he was transferred to Vietnam on 30 January 1969 for assignment to the 57th Aviation Company, 1st Aviation Brigade.

5.  While in Vietnam, the applicant participated in the following four campaigns:  the Vietnam Counter-Offensive Phase VI which extended from 2 November 1968 to 22 February 1969; the Tet 69 Counteroffensive Campaign, which extended from 23 February 1969 through 8 June 1969; the Vietnam Summer-Fall 1969 Campaign, which extended from 9 June 1969 through 31 October 1969; and the Vietnam Winter-Spring 1970 Campaign, which extended from 1 November 1969 through 30 April 1970.

6.  General Orders Number 2052 published by Headquarters, 1st Aviation Brigade, on 2 May 1969, awarded the applicant the Air Medal for meritorious achievement while participating in aerial flight from 27 March 1969 to 4 April 1969.

7.  The applicant returned to the Continental U.S. on 8 March 1970.  He was voluntarily released from active duty (REFRAD) on 12 June 1972 and he was transferred to the U.S. Army Reserve Control Group (Standby).

8.  The DD Form 214 that the applicant was furnished at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Army Good Conduct Medal, the Vietnam Service Medal, the Air Medal, the Army Commendation Medal, the Army Aviator Badge, the Republic of Vietnam Campaign Medal with Device 1960, and the Bronze Star Medal with "V" Device and first oak leaf cluster.  However, his DD Form 214 does not show that he is entitled to additional awards of the Air Medal.  His DD Form 214 also does not show his Vietnam campaign participation.

9.  The Summary of Pilot Experience that the applicant submitted in support of his application shows that he earned 1160 hours of pilot combat time.  However, the summary does not reflect a specific mission category or the specific dates that the missions were flown.

10.  A review of the individual flight records contained in the applicant’s Official Military Personnel File show that from 5 April 1969 through 30 June 1969, while he was in Vietnam, he earned 233.7 combat flight hours during category I missions.

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.  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.

14.  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 the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 April 1970 to 26 June 1970 by Department of the Army General Order (DAGO) Number 11, dated 1973; and the Valorous Unit Award for the period 14 August 1969 to 20 January 1970 by DAGO Number 43, dated 1972.

DISCUSSION AND CONCLUSIONS:

1.  An error was made during the preparation of his DD Form 214 which reflected in the numeral 10 being omitted from his Air Medal.

2.  The applicant's records verify that he earned 233.7 combat flight hours during category I missions from 5 April 1969 through 30 June 1969 while he was in Vietnam.  Therefore, in accordance with the applicable regulation, he is entitled to have the numeral 10 included on his Air Medal.

3.  He is also entitled to have four bronze service stars added to his Vietnam Service Medal included on his DD Form 214 to reflect his campaign participation.

4.  Additionally, in accordance with Department of the Army Pamphlet 672-3, the unit to which he was assigned was awarded the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation and these awards should be included on his DD Form 214.

5.  In view of the foregoing, it would now be appropriate to correct the applicant’s records as recommended below.

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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to include the numeral 10 on his Air Medal, the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and four bronze service stars added to his Vietnam Service Medal.

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      __________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)                                         AR20080010508





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ABCMR Record of Proceedings (cont)                                         AR20080010508



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