IN THE CASE OF:	  

		BOARD DATE:	  1 October 2009

		DOCKET NUMBER:  AR20090006356 


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 records to show additional awards of the Air Medal.

2.  The applicant states, in effect, he was awarded the Air Medal for meritorious achievement while participating in aerial flight in Vietnam during the period
13 July to 26 July 1968.  He also states he recently found a copy of his Individual Flight Record and a Recommendation for award of “Oak Leaf Clusters to the Air Medal” that was submitted, but not acted upon.  He adds the documents show he completed 410 flight hours of combat missions.

3.  The applicant provides, in support of his application, The Air Medal Citation, three DA Forms 759-1 (Individual Flight Record and Flight Certificate - Army),
1st Aviation Brigade Form 21 (Recommendation for Award of Oak Leaf Clusters to the Air Medal), and DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 enlisted and entered active duty in the Regular Army on
9 November 1967.  Upon completion of training, he was awarded military occupational specialty (MOS) 82C (Artillery Surveyor).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

	a.  Item 29 (Qualification in Arms) he qualified Expert with the M-16 rifle on 17 April 1970;

	b.  Item 31 (Foreign Service) he served in the Republic of Vietnam (RVN) from 30 April 1968 through 29 April 1969;

	c.  Item 38 (Record of Assignments) he was assigned to Headquarters and Headquarters Battery, 8th Target Acquisition Battalion, 25th Artillery (RVN), from 3 May to 10 July 1968.  He was then assigned to the 135th Assault Helicopter Company [145th Combat Aviation Battalion] in duty MOS 67A1F (Door Gunner) from 11 July 1968 to 4 April 1969;

	d.  Item 39 (Campaigns) he participated in the Vietnam Counteroffensive Phase IV, Vietnam Counteroffensive Phase V, Vietnam Counteroffensive Phase VI, and Tet 69 Counteroffensive; and

	e.  Item 41 (Awards and Decorations) he was awarded the National Defense Service Medal, Vietnam Service Medal, Aircraft Crewman Badge, Republic of Vietnam Campaign Medal with Device (1960), two Overseas Service Bars, Air Medal, and Expert Marksmanship Qualification Badge with (M-16) Rifle Bar.

4.  Headquarters, 145th Combat Aviation Battalion (Vietnam), Special Orders Number 180, dated 12 July 1968, in pertinent part, show the applicant was assigned to the 135th Assault Helicopter Company (RVN) for duty as a helicopter door gunner.

5.  Headquarters, 1st Aviation Brigade (Vietnam), General Orders Number 459, dated 27 January 1969, in pertinent part, show the applicant was awarded the Air Medal for meritorious achievement while participating in aerial flight in the RVN from 13 July to 26 July 1968.

6.  The applicant's DD Form 214 shows he was honorably released from active duty, on 10 August 1970, and transferred to the U.S. Army Reserve Control Group (Reinforcement).  At the time he had completed 2 years, 9 months, and 
2 days of net active service and 1 year of foreign service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Aircraft Crewman Badge, Republic of Vietnam Campaign Medal with Device (1960), Air Medal, and the Good Conduct Medal.

7.  There are no orders or other evidence in the applicant's military personnel records that shows he was awarded more than one Air Medal.

8.  A search of the U.S. Army Human Resources Command, Awards and Decorations Computer Assisted Retrieval System for the Vietnam Conflict failed to produce a copy of any orders showing award of more than one Air Medal.

9.  In support of his application, the applicant provides copies of the following documents:

	a.  The Air Medal Citation that shows he was awarded the Air Medal for meritorious achievement while participating in aerial flight in the RVN from
13 July to 26 July 1968.

   b.  DA Forms 759-1 covering the period July 1968 to March 1969 that show the applicant completed a total of 410 combat flight hours from 13 July 1968 through 26 March 1969; however, the documents do not show the number of actual combat missions (i.e., take-offs and landings).  These documents also show the applicant completed 68.3 combat flight hours from 13 July through      26 July 1968.

   c.  A Recommendation for Award of Oak Leaf Clusters to the Air Medal.  This form is not filled out with the required information/data, shows only the applicant's last name handwritten on the document along with the word "submitted," and the form is not authenticated by a recommending official.

10.  A review of the applicant's military personnel records reveals that he may be authorized additional awards that are not shown on his DD Form 214.

11.  Headquarters, 2nd Target Acquisition Battalion, 26th Field Artillery, Fort Bragg, North Carolina, Special Orders Number 55, dated 20 April 1970, in pertinent part, show the applicant was awarded the Expert Marksmanship Qualification Badge with (M-16) Rifle Bar.

12.  Army Regulation 600-8-22 (Military Awards) provides 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.

13.  Appendix B of Army Regulation 600-8-22 also lists campaigns for Vietnam.  This document shows that the applicant served in the RVN during the Vietnam Counteroffensive Phase IV, Vietnam Counteroffensive Phase V, Vietnam Counteroffensive Phase VI, and Tet 69 Counteroffensive; a total of four campaigns.  This regulation also provides, in pertinent part, for award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal, including the Vietnam Service 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 pamphlet shows that at the time of the applicant's assignment to Headquarters and Headquarters Battery, 8th Target Acquisition Battalion (RVN), the unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Headquarters, Department of the Army, General Orders Number 51 (1971).  This pamphlet also shows that at the time of the applicant's assignment to the 135th Assault Helicopter Company, 145th Combat Aviation Battalion (RVN), the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army, General Orders Number 8 (1974).

15.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided, in pertinent part, guidelines for award of the Air Medal for sustained operations.  It also established that passenger personnel who did not participate in an air assault were not eligible for the award based upon 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 non-professionalism, mediocrity, or failure to display an aggressive spirit."
16.  U.S. Army Vietnam Regulation 672-1 also 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.

     a.  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.

     b.  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.

17.  Army Regulation 600-8-22 provides that Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  For example, the numeral 2 denotes the second award of the Air Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show additional awards of the Air Medal because he completed a total of 410 combat flight hours while serving in the RVN from 13 July 1968 to 26 March 1969.

2.  General orders awarded the applicant the Air Medal for meritorious achievement while participating in aerial flight in the RVN from 13 July through
26 July 1968.

   a.  The applicant's Individual Flight Records show he completed a total of 68.3 combat flight hours during the period 13 July through 26 July 1968 for which he was awarded the Air Medal.

   b.  It is noted that his Individual Flight Records do not specify the category of combat missions nor the number of combat missions completed.  However, it is generally acknowledged that an aircraft would complete several take-offs and landings (i.e., missions) during the course of accumulating flight hours during a typical day of flight in the RVN.

   c.  To be recommended for award of the Air Medal based on category II missions, an individual must have completed a minimum of 50 missions.  While it cannot be definitively determined, based on the number of flight hours the applicant accumulated in order to qualify for his first award of the Air Medal
(i.e., 68.3 hours), it appears he was primarily participating in category II combat missions.

   d.  The applicant completed a total of 410 combat flight hours from 13 July 1968 through 26 March 1969.  Given the category II combat mission criteria for award of the Air Medal, and based on the number of hours he had to accumulate to qualify for the award, the applicant would qualify for a total of eight awards of the Air Medal or seven additional awards of the Air Medal in this case.  Therefore, it would be appropriate to correct his records to show seven additional awards of the Air Medal.  

   e.  The governing regulation shows that Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  Therefore, it would be appropriate to correct the applicant's records to show award of the Air Medal with Numeral 8.

3.  The applicant qualified for award of the Vietnam Service Medal and he participated in four campaign periods during his service in the RVN.  Therefore, it would be appropriate to correct his DD Form 214 to show award of the Vietnam Service Medal with four bronze service stars.

4.  General orders awarded the applicant's unit (the 135th Assault Helicopter Company) the Republic of Vietnam Gallantry Cross with Palm Unit Citation and (Headquarters and Headquarters Battery, 8th Target Acquisition Battalion,        25th Artillery) the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, it would be appropriate to correct his DD Form 214 to show these unit awards.

5.  Special Orders awarded the applicant the Expert Marksmanship Qualification Badge with (M-16) Rifle Bar.  Therefore, it would be appropriate to correct his
DD Form 214 to show this badge and the component bar.

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:

   a.  awarding the applicant the Air Medal with numerals two through eight) for meritorious achievement while participating in aerial flight in the RVN from
27 July 1968 through 26 March 1969;
   
   b.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal and Air Medal; and

   c.  adding to item 24 of his DD Form 214 the Air Medal with Numeral 8, Vietnam Service Medal with four bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Expert Marksmanship Qualification Badge with Rifle Bar.



      _______ _  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)                                         AR20090006356



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ABCMR Record of Proceedings (cont)                                         AR20090006356



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