BOARD DATE:	  16 July 2009

		DOCKET NUMBER:  AR20090002881 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Bronze Star Medal and the Air Medal and completion of the Engineer Officer Advanced Course. 

2.  The applicant states his DD Form 214 omitted the requested awards and military education.

3.  The applicant provides copies of his DD Forms 214, dated 12 December 1968 and 5 September 1973; a copy of a certificate and General Orders Number 3047, dated 19 October 1972, showing award of the Bronze Star Medal; a copy of a certificate, dated 23 May 1972, showing award of the Air Medal; and a copy of a diploma, dated 27 August 1973, and a DA Form 1059 (Academic Report), dated 5 November 1973, showing completion of the Engineer Officer Advanced Course, 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's record shows he was inducted into the Army of the United States on 25 January 1968.  He completed basic combat and advanced individual training and was awarded military occupational specialty 17C (Sound Ranging Crewman).  He was honorably discharged in the rank/grade of specialist five/E-5 on 12 December 1968 to accept a commission as an officer in the Army. 

3.  The applicant’s records also show he was appointed as a second lieutenant in the U.S. Army Reserve (USAR) and was concurrently ordered to active duty on 13 December 1968.  He was trained in and held a Rotary Wing Pilot military occupational specialty and was promoted to captain on 13 December 1970.  He was honorably released from active duty on 5 September 1973 and transferred to the USAR Control Group (Reinforcement) for completion of his Reserve obligation.

4.  The applicant’s records further show he served in the Republic of Vietnam from on or about 1 December 1971 to on or about 30 November 1972.  He was assigned to Headquarters and Headquarters Company, 1st Aviation Brigade.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214, dated 5 September 1973, shows he was awarded the Army Aviation Badge, the Parachutist Badge, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), and the National Defense Service Medal. Item 24 does not show award of the Air Medal and/or the Bronze Star Medal.

6.  Item 25 (Education and Training Completed) of his DD Form 214 shows he completed the 34-week Officer Rotary Wing Course in 1970; the 6-week Maintenance Management Course in 1971; the 13-week Aircraft Maintenance Officer Course in 1971; and the 3-week Airborne/Parachutist Course in 1971.  Item 25 does not show completion of the Engineer Officer Advanced Course.


7.  Headquarters, 1st Aviation Brigade, General Orders Number 3047, dated 19 October 1972, show the applicant was awarded the Bronze Star Medal for meritorious service in connection with military operations against a hostile force from 1 December 1971 to 30 November 1972.

8.  The applicant’s records do not contain orders awarding him the Air Medal Furthermore, 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.

9.  The applicant submitted a copy of a certificate, dated 23 May 1972, that shows he was awarded the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam during the period 1 December 1971 to 18 March 1972.

10.  The applicant’s records contain a copy of his DA Form 759 (Individual Flight Record and Flight Certificate) for the period August 1980 through September 1980 that shows he had previously completed 115 hours of combat time.  However, there is no indication of the type of missions completed.

11.  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.

12.  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.  However, the regulation was clear that these guidelines were considered only a departure point.  

13.  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.  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.  The applicant submitted a copy of a diploma and a DA Form 1059 that show he attended the Engineer Officer Advanced Course at the U.S. Army Engineer School, Fort Belvoir, VA, from 18 February 1973 to 5 October 1973.

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

16.  Headquarters, Atlanta Army Depot, Forest Park, GA, Special Orders Number 143, dated 22 October 1970, show the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

17.  Headquarters, U.S. Army Aviation School Element, Hunter Army Airfield, GA, Special Orders Number 6, dated 9 January 1970, show the applicant was awarded the Marksman Marksmanship Qualification Badge with Pistol Bar       (.45 Caliber).

18.  Headquarters, U.S. Army Aviation School Element, Hunter Army Airfield, GA, Special Orders Number 15, dated 19 January 1970, show the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

19.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows Headquarters and Headquarters Company, 1st Aviation Brigade, was awarded two awards of the Meritorious Unit Commendation from 1 May 1971 to 30 April 1972 and from 1 May 1972 to 

30 November 1972, based on Department of the Army General Orders Number 32, dated 1973; the Republic of Vietnam Gallantry Cross with Palm Unit Citation from 1 October 1970 to 31 August 1972, based on Department of the Army General Orders Number 6, dated 1974; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, from 1 December 1971 to 31 December 1972, based on Department of the Army General Orders Number 6, dated 1974.

20.  Appendix B of Army Regulation 600-8-22 shows the applicant participated in the Consolidation I, from 1 July 1971 to 30 November 1971; the Consolidation II, from 1 December 1971 to 29 March 1972; and the Vietnam Cease-Fire, from 30 March 1972 to 28 January 1973, 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 applicant contends that his DD Form 214 should be corrected to show the Bronze Star Medal and the Air Medal and completion of Engineer Officer Advanced Course. 

2.  General Orders awarded the applicant the Bronze Star Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  General Orders awarded the applicant's unit two awards of 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 which are not shown on his records; therefore, he is entitled to correction of his records to show these unit awards.

4.  The evidence of record confirms that the applicant completed 115 hours of combat time presumably during his service in Vietnam.  However, his flight record does not indicate the type of missions completed.  Since various types of missions could have been completed in accumulating his 115 hours of flight time toward award of an Air Medal for sustained operations, his flight time would have qualified him for at least one award of the Air Medal which is also consistent with the certificate he provided.  Therefore, he is entitled to correction of his DD Form 214 to show this 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.  Special orders awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these badges.

7.  The evidence of record shows the applicant attended the Engineer Officer Advanced Course at the U.S. Army Engineer School, Fort Belvoir, VA, from 18 February 1973 to 5 October 1973.  However, he was released from active duty on 5 September 1973.  Since this course was not completed during the period covered by the DD Form 214, there is no provision to list it on his           DD Form 214.

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 adding the Bronze Star Medal, the Air Medal, two awards of the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber), the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), and award of three bronze service stars to be affixed to his already-awarded Vietnam Service Medal to his DD Form 214.

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 applicant’s Engineer Officer Advanced Course.




      _______ _   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)                                         AR20090002881



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ABCMR Record of Proceedings (cont)                                         AR20090002881



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