IN THE CASE OF:	

		BOARD DATE:	 17 September 2009 

		DOCKET NUMBER:  AR20090008520 


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 three awards of the Bronze Star Medal and 17 additional awards of the Air Medal.

2.  The applicant states that he was awarded three awards of the Bronze Star Medal.  He also states that he received one Air Medal for the first 15 days in country in the Republic of Vietnam, but did not get the additional 17 awards of the Air Medal for flying an additional 426 hours of combat time for a total of 451 hours over Saigon during the TET offensive, the battle of Ah Shau Valley, Cam Rahn Bay, Iron Triangle, Cambodian Border, and others. 

3.  The applicant provides copies of his DD Forms 214, dated 8 February 1966, 5 June 1967, and 1 May 1969; a copy of his DD Form 215 (Correction to DD Form 214), dated 26 January 2009; a copy of his Standard Form 502 (Clinical Record-Narrative Summary), dated 28 October 1968; a copy of his DA Form     8-118 (Medical Board Proceedings); a copy of DA Form 199 (Physical Evaluation Board Proceedings); a copy of a certificate, dated 20 June 1968, showing award of the Bronze Star Medal; and copies of his DA Forms 759 (Individual Flight Record-Army Aviator), dated on miscellaneous dates during his military service, 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.  The applicant requested correction of his DD Form 214 to show three awards of the Bronze Star Medal.  The applicant was issued a DD Form 215 on
26 January 2009 that deleted the Bronze Star Medal with 1st Oak Leaf Cluster and awarded him the Bronze Star Medal with 2 Oak Leaf Clusters.  Army Regulation 600-8-22 (Military Awards) provides for award of oak leaf clusters.  It states, in pertinent part, that for each succeeding act or period of meritorious service or achievement that justifies the award of a decoration, an oak leaf cluster or numeral device will be awarded.  Second and succeeding awards of the Bronze Star Medal are denoted by oak leaf clusters.  An award of the Bronze Star Medal with 2 Oak Leaf Clusters denoted that the recipient was awarded three awards of the Bronze Star Medal.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings. 

3.  Having had prior enlisted service, the applicant's records show he was appointed as an aviation warrant officer in the U.S. Army Reserve (USAR) and he executed an oath of office on 6 June 1967.  He was honorably released from active duty on 1 May 1969 by reason of physical disability and placed on the retired list in his retired rank/grade of chief warrant officer two (CW2)/W-2 on
2 May 1969.

4.  The applicant's records also show he served in the Republic of Vietnam from on or about 6 July 1967 to on or about 5 May 1968.  He was assigned to Troop D, 1st Squadron, 4th Cavalry, 1st Infantry Division as a helicopter pilot.

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 Purple Heart, Bronze Star Medal (2nd Oak Leaf 
Cluster), Good Conduct Medal, National Defense Service Medal, Army Aviation Badge, Vietnamese (sic) Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Distinguished Flying Cross, and the Air Medal.

6.  The applicant submitted a copy of his individual flight record from July 1967 through April 1968.  This record shows he completed 451 hours of pilot combat time.  

7.  Army Regulation 600-8-22 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.

8.  U.S. Army Vietnam 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.  

9.  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.


10.  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.

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

12.  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 D, 1st Squadron, 4th Cavalry, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders (DAGO) Number 21, dated 1969; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on DAGO Number 53, dated 1970.

13.  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), and the Vietnam Counteroffensive, Phase IV (2 April 1968 - 30 June 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.

14.  Army Regulation 635-5 (Separation Documents), in effect at the time prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  It stated that for item 24 enter all decorations, service medals, campaign credit, and badges awarded or authorized, omitting authorities cited therein.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show additional Oak Leaf Clusters with his Air Medal.



2.  The evidence of record shows the applicant served as a combat pilot during his service in the Republic of Vietnam.  His flight record shows he completed 451 
hours of combat flight time as of April 1968.  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 17 additional awards with his Air Medal based on the remainder of his flight time (451 minus 25 hours equals 426; 426 divided by 25 category I missions equal 17).  Therefore, he is entitled to correction of his DD Form 214 to show the Air Medal with Numeral 18.

3.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, his records show he participated in three 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 three bronze service stars.

4.  General orders awarded the applicant’s unit 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 DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

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 for the period ending 1 May 1969 the Air Medal and Vietnamese (sic) Service Medal; and 



	b.  adding to item 24 of his DD Form 214 for the period ending 1 May 1969 the Air Medal with Numeral 18, Vietnam Service Medal with three bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.



      __________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)                                         AR20090008520



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ABCMR Record of Proceedings (cont)                                         AR20090008520



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