IN THE CASE OF:	  

		BOARD DATE:	 20 October 2009 

		DOCKET NUMBER:  AR20090004765 


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 the oak leaf clusters that he earned while he was in the Army be included on his Air Medal with “V” Device.

2.  The applicant states that there are no oak leaf clusters shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  He states that oak leaf clusters were awarded for the number of hours flown during the time that he was in the Army and that he did not know why he was never awarded his oak leaf clusters for his flight time.

3.  The applicant provides a copy of a USARV [U.S. Army Vietnam] Form 157-R (Recommendation for Decoration for Valor or Merit), completed by his commander, dated 3 June 1970, certifying his qualification for award of the Air Medal with oak leaf clusters one through nine; and copies of his DA Forms 759-1 (Individual Flight Record and Flight Certificate – Army) for the period between March 1969 and May 1970.

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.  Incorporated herein by reference are military records which were summarized in the previous considerations of the applicant's cases by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20070008144 on 6 November 2007 and Docket Number AR20080000857 on 3 July 2008.

3.  While this case is not a request for reconsideration, in the interest of expediency and based on the previous considerations of the applicant’s earlier requests to the ABCMR, this case will be considered based on the current documentation submitted by the applicant and the subsequent relief granted in his cases.

4.  The applicant submits a copy of a USARV Form 157-R that was completed by his commander, dated 3 June 1970, requesting award of the Air Medal with oak leaf clusters one through nine and certifying that the applicant qualified for oak leaf clusters to be added to his Air Medal.  He also submits copies of his DA Forms 759-1 for the period between March 1969 and May 1970 which show that he earned 472.9 combat flight hours during category I missions.

5.  At the time that the applicant was released from active duty on 11 June 1970, he was furnished a DD Form 214 that shows he was awarded the Air Medal.  On 27 May 2008, as a result of an ABCMR decision, dated 6 November 2007, a DD Form 215 (Correction to DD Form 214) was issued that deleted the Air Medal and added the Air Medal with “V” Device.  Further, as a result of an ABCMR decision, dated 7 July 2008, the DD Form 215 that was previously issued was voided and he was issued a new DD Form 215, dated 15 January 2009, which again amended his DD Form 214 to delete the Air Medal and to add the Air Medal with “V” Device, along with additional awards.

6.  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.

7.  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.

8.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the Oak Leaf Clusters he earned while he was in the Army should be included on his Air Medal with “V” Device.

2.  His contentions have been noted and the evidence that he submitted verifies that he completed 472.9 combat flight hours during category I missions between March 1969 and May 1970 while he was in Vietnam.  Therefore, in accordance with the applicable regulation, he is entitled to have the Numeral 19 included on his Air Medal with “V” Device.

3.  In view of the foregoing, it would now be in the interest of justice to correct the applicant’s records as recommended below.

BOARD VOTE:

_____x___  ____x____  ____x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

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 issuing him a new DD Form 214 for the period ending 11 June 1970 that includes the Air Medal with "V" Device and with Numeral 19.




      _______ _   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)                                         AR20090004765



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ABCMR Record of Proceedings (cont)                                         AR20090004765



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