IN THE CASE OF:	  

		BOARD DATE:	      6 OCTOBER 2009

		DOCKET NUMBER:  AR20090008264 


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 five additional awards of the Air Medal.

2.  The applicant states that he completed 144 hours of combat assault flight hours as shown on his flight record and should therefore be awarded an additional five awards of the Air Medal.

3.  The applicant provides a copy of his DA Form 759 (Individual Flight Record and Flight Certificate - Army (Part I)), for the period covering October - December 1968 and January - July 1969; a copy of his DA Form 759-1 (Individual Flight Record and Flight  Certificate - Army (Part II)), for the period covering October - December 1968 and January - April 1969; and a copy of his DA Form 759-1, for the period covering May - June (sic) 1969, in support of his request.

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 prior service in the U.S. Navy Reserve, the applicant's records show he enlisted in the Regular Army for a period of 3 years on 11 September 1967.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 67V (Helicopter Repairman).  He was honorably released from active duty in the rank/grade of specialist five (SP5)/E-5 on 17 August 1970 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) for completion of his Reserve obligation.

3.  The applicant's records also show he served in the Republic of Vietnam from on or about 25 July 1968 to on or about 24 July 1969.  He was assigned to Troop A, 7th Squadron, 1st Air Cavalry as a helicopter mechanic.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, Vietnam Service Medal, Vietnam Campaign Medal, Army Commendation Medal, Aircraft Crewmember Badge, and the Air Medal.

5.  The applicant submitted a copy of his DA Form 759 from October 1968 through July 1969.  This record shows he completed 144 hours of combat time.  

6.  A review of the applicant's records indicates his entitlement to additional awards which are not listed on his DD Form 214.

7.  Headquarters, 1st Aviation Brigade, General Orders Number 1620, dated 10 April 1969, show the applicant was awarded the Air Medal for meritorious achievement while participating in aerial flight from 9 February 1969 to 1 March 1969. 

8.  Headquarters, 1st Aviation Brigade, General Orders Number 5969, dated 17 November 1969, show the applicant was awarded the Air Medal with "V" Device for heroism while engaged in aerial flight in connection with military operations against a hostile force on 25 March 1969.  

9.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign 

participation credit, assault landing credit, and unit citation badges awarded 
during the Vietnam Conflict.  It confirms that during his assignment in the Republic of Vietnam, the applicant’s unit, Troop A, 1st Squadron, 7th Cavalry, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

10.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Counteroffensive, Phase III (1 June 1967 – 29 January 1968), TET Counteroffensive (30 January 1968 - 1 April 1968), Vietnam Counteroffensive, Phase IV (2 April 1968 - 30 June 1968), and the Vietnam Counteroffensive, Phase V (1 July 1968 – 1 November 1968) 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.

11.  A review of the applicant's service record shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.  Furthermore, Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his military service.

12.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had completed a qualifying period of active duty enlisted service.  This period was
3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 were not disqualifying.

13.  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.  The version of the regulation in effect at the time the applicant served stated that an Oak Leaf Cluster would be awarded to denote the second and subsequent awards of the 
Air Medal.  However, the regulation currently in effect 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.

14.  U.S. Army Vietnam Regulation 672-1 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.  

15.  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.

16.  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.  U.S Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) 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”.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show additional awards of the Air Medal.

2.  General orders awarded the applicant the was awarded the Air Medal with "V" Device for heroism while engaged in aerial flight in connection with military operations against a hostile force on 25 March 1969.  

3.  The evidence of record shows the applicant served as a helicopter mechanic during his service in the Republic of Vietnam.  His flight record shows he completed 144 hours of combat flight time as of July 1969.  Having been issued one award of the Air Medal, it is reasonable to subtract 25 hours from his total time to account for his already-awarded Air Medal, and award him 4 additional awards with his Air Medal based on the remainder of his flight time (144 minus 25 hours equals 119; 119 divided by 25 category I missions equal 4).  He also received an additional award of the Air Medal with "V" Device for heroism.  Therefore, he is entitled to correction of his DD Form 214 to show the Air Medal with Numeral 6 and with "V" Device.

4.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, his records show he participated in four campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show the Vietnam Service Medal with four bronze service stars.

5.  General orders awarded the applicant’s unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

6.  The evidence of record confirms that the applicant served honorably during the period 11 September 1967 through 17 August 1970.  He received "excellent" conduct and efficiency rating throughout his military service, attained the rank/grade of SP5/E-5, and was awarded multiple combat awards.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Army Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.
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.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal and the Air Medal;

	b.  awarding the applicant the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 11 September 1967 through 17 August 1970; and

	c.  adding to item 24 of his DD Form 214 the Air Medal with Numeral 6 and with "V" Device, Army Good Conduct Medal (1st Award), Vietnam Service Medal with four bronze service stars, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.



      ________XXX______________
               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)                                         AR20090008264



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090008264



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1