IN THE CASE OF:	

		BOARD DATE:	  31 March 2009

		DOCKET NUMBER:  AR20080017323 


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 his military records be corrected to show he has 28 awards of the Air Medal.

2.  The applicant states he has 723 combat hours.

3.  The applicant provides, in support of his application, copies of his 
DA Form 759 (Parts I and II) (Individual Flight Record and Flight Certificate - Army) for the period from May through December 1971.

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.  After having 1 year, 1 month, and 6 days of enlisted service, the applicant was appointed a warrant officer one in the U.S. Army Reserve on 8 March 1971 and entered active duty the same date.

3.  The applicant's military records contain a DA Form 759 (Part I) for the period from July 1971 through February 1972.  This form shows the applicant had a total of 723 hours of pilot combat time.

4.  The applicant's military records contain 10 DA Forms 759 (Part II) for the period from May 1971 to February 1972.  These forms show the applicant completed 266 combat missions during this period.

5.  Item 5 (Oversea Service) of the applicant's DA Form 2-1 (Personnel Qualification Record) shows he served in the Republic of Vietnam during the period from 26 April 1971 to 7 March 1972.  There is no record of unit assignments available for the applicant during this period of active service.

6.  On 11 March 1972, the applicant was released from active duty.  He had completed 1 year and 4 days of active service that was characterized as honorable.  

7.  Among the awards listed in Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 are the Air Medal and the Vietnam Service Medal.

8.  Item 30 (Remarks) of the applicant's DD Form 214 indicates he served in the Republic of Vietnam from 26 April 1971 to 7 March 1972.

9.  There are no documents or evidence in the applicant's military records of non-professionalism, mediocrity, or failure to display an offensive spirit.  There are no indications that he caused, either directly or indirectly, an aircraft abort, late take-off, accident or incident.

10.  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.  

11.  USARV Regulation 672-1 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 nonprofessionalism, mediocrity, or failure to display an aggressive spirit.”

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The numeral 10 denotes the tenth award of the Air Medal.

13.  Based on the applicant's dates of service in Vietnam, Table B-1 of Army Regulation 600-8-22 shows he served in the Vietnam Counteroffensive Phase VII Campaign (1 July 1970 - 30 June 1971); the Consolidation I Campaign (1 July 1971 - 30 November 1971); and the Consolidation II Campaign 1 December 1971 - 29 March 1972).

14.  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.  The regulations state that authorized bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.  

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 all units assigned in Vietnam from 
8 February 1962 through 28 March 1973 were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, based on Department of the Army General Order Number 8, dated 1974.



DISCUSSION AND CONCLUSIONS:

1.  The applicant's DA Form 759 for the period from July 1971 through February 1972 shows he completed 723 combat hours.  However, the award of the Air Medal for sustained operations was not based on combat hours alone.  A recommendation for the award required the completion of 25 Category I missions and accrual of 25 combat hours.

2.  The applicant's DA Forms 759 (Part II) for the period from May 1971 to February 1972 show he completed 266 combat missions i.e. Category I missions.  The applicant's records contain no evidence that he caused, either directly or indirectly, an aircraft abort, late take-off, accident or incident and there were no instances of nonprofessionalism, mediocrity, or failure to display an aggressive spirit.  Therefore, it is appropriate to award the applicant the Air Medal (10th Award), to be worn as the Air Medal with numeral 10.

3.  The applicant's military personnel records show he participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to three bronze service stars to be worn on his Vietnam Service Medal.  

4.  Based on the applicant's service in the Republic of Vietnam he is authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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 

   a.  awarding the applicant the Air Medal (10th Award); and
   
   b.  amending item 24 of his DD Form 214 to show he was awarded or is authorized the Air Medal (10th Award), the Vietnam Service Medal with three bronze service stars, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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 more than ten 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)                                         AR20080017323





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ABCMR Record of Proceedings (cont)                                         AR20080017323



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