BOARD DATE:	  6 August 2009

		DOCKET NUMBER:  AR20090005189 


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 reconsideration of his earlier request for correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show additional awards in the form of oak leaf clusters to his Air Medal.  He also makes a new request for correction of his DD Form 214 to show award of the Bronze Star Medal.

2.  The applicant states that he located the orders that awarded him the Bronze Star Medal and his flight record that shows he completed 240 hours of combat flying time by 30 June 1969 which should qualify him for additional oak leaf clusters for his Air Medal.

3.  The applicant provides a copy of his DD Form 214, dated 14 October 1969; a copy of General Orders Number 12870, dated 9 October 1969, showing award of the Bronze Star Medal; a copy of General Orders Number 161, dated 10 June 1969, showing award of the Non-Aviator Crewmember Badge; and a copy of his DA Form 759 (Individual Flight Record and Flight Certificate - Army), dated 10 July 1969, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20070003162 on 31 July 2007.

2.  The applicant submitted a copy of his DA Form 759, dated 10 July 1969, which was not previously reviewed by the ABCMR; therefore, it is considered new evidence and as such warrants consideration by the Board.

3.  The applicant's record shows he enlisted in the Regular Army for a period of 3 years on 9 March 1967.  He completed basic combat and advanced individual training and was awarded military occupational specialty 67N (Utility Helicopter Repairman).  He was honorably released from active duty in the rank/grade of specialist four/E-4 on 14 October 1969 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve obligation.

4.  The applicant’s record shows he served in the Republic of Vietnam from on or about 19 September 1968 to on or about 13 October 1969.  He was assigned to Company A, 158th Aviation Battalion, 101st Airborne Division.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Army Commendation Medal, the Army Good Conduct Medal, and the Air Medal.

6.  On 1 April 2008, the applicant was issued a DD Form 215 (Correction to DD Form 214) that added awards of the Aircraft Crewmember Badge, the Expert Marksmanship Qualification Badge with Rifle Bar, the Presidential Unit Citation, the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Unit Palm Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and four bronze service stars to his already-awarded Vietnam Service Medal.

7.  Headquarters, 101st Airborne Division, General Orders Number 12870, dated 9 October 1969, show the applicant was awarded the Bronze Star Medal for meritorious service from 1 December 1968 to 31 July 1969 in the Republic of Vietnam.

8.  The applicant’s DA Form 759, dated 10 July 1969, shows he had completed 240 rotary wing flying hours as a crew chief during the period June 1968 through July 1969.  However, the flight record does not indicate the type of missions flown.

9.  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.  This regulation also 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.

10.  U.S. Army Vietnam 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.

11.  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 to 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.

12.  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.

13.  U.S Army Vietnam 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"; 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."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to reconsideration of his earlier request for correction of his DD Form 214 to show additional oak leaf clusters [in the form of an appropriate Arabic numeral] to his Air Medal.  He also contends that his DD Form 214 should be corrected to show award of the Bronze Star Medal.

2.  General orders show the applicant was awarded the Bronze Star Medal for meritorious service from 1 December 1968 to 31 July 1969 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.  With respect to the appropriate Arabic numeral for his Air Medal, the applicant’s flight record shows he completed 240 rotary wing flying hours as a crew chief during the period June 1968 through July 1969.  However, the flight record does not indicate the type of missions flown.  Additionally, it is unclear which category missions were used to award him his Air Medal.  In the absence of a breakdown of his flight time by category, there is insufficient evidence to correctly determine the appropriate Arabic numeral.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x____  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  With respect to the applicant's new request, 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 to his DD Form 214.

2.  With respect to the applicant's request for reconsideration, the evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20070003162, dated 31 July 2007, regarding the appropriate Arabic numeral for his Air Medal.

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



      ____________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)                                         AR20090005189



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ABCMR Record of Proceedings (cont)                                         AR20090005189



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