BOARD DATE:	  1 October 2009

		DOCKET NUMBER:  AR20090009376 


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 three additional awards of the Air Medal.

2.  The applicant states, in effect, he received 18 awards of the Air Medal (i.e., Air Medal with 17th oak leaf cluster) from 25 October 1966 through 2 August 1967.  He also states that the Air Medal was awarded for 25 combat hours and 25 combat missions in Vietnam.  He adds his individual flight record shows he completed 77 combat hours and 139 combat missions from 6 August 1967 to 9 September 1967, which equates to three additional awards of the Air Medal (i.e., 18th through 20th oak leaf cluster).

3.  The applicant provides copies of Headquarters, 1st Aviation Brigade, General Orders Number 4265, dated 9 September 1967, and a DA Form 759 (Individual Flight Record - Army Aviator) for the period July through September 1967 in support of his application.

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 was appointed as a Reserve commissioned officer of the Army in the rank of second lieutenant on 11 April 1965 and he was ordered to active duty on 17 May 1965.  Upon completion of the Officer Rotary Wing Aviator Course, he was awarded military specialty 1981 (Aviator).

3.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows in item 5 (Oversea Service) he served in the Republic of Vietnam (RVN) from 20 October 1966 through 13 October 1967.  Item 9 (Awards, Decorations, and Campaigns) shows he was awarded the Air Medal (17th oak leaf cluster).  This item also shows that he was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Vietnam Service Medal, and that he participated in the Vietnam Counteroffensive Phase II and Vietnam Counteroffensive Phase III campaigns.

4.  Headquarters, 1st Aviation Brigade, General Orders Number 370, dated 30 January 1967, show the applicant was awarded the Air Medal for meritorious achievement while participating in aerial flight in the RVN from 28 October 1966 to 9 November 1966.

5.  Headquarters, 1st Aviation Brigade, General Orders Number 375, dated 30 January 1967, show the applicant was awarded the Air Medal (1st oak leaf cluster) for meritorious achievement while participating in aerial flight in the RVN from 10 November 1966 to 20 November 1966.

6.  Headquarters, 1st Aviation Brigade, General Orders Number 680, dated 24 February 1967, show the applicant was awarded the Air Medal (2nd through 5th oak leaf cluster) for meritorious achievement while participating in aerial flight in the RVN from 20 November 1966 to 24 January 1967.

7.  Headquarters, 1st Aviation Brigade, General Orders Number 1279, dated 14 April 1967, show the applicant was awarded the Air Medal (6th through 9th oak leaf cluster) for meritorious achievement while participating in aerial flight in the RVN from 25 January 1967 to 27 February 1967.

8.  Headquarters, 1st Aviation Brigade, General Orders Number 2244, dated 6 June 1967, show the applicant was awarded the Air Medal (10th oak leaf cluster) with "V" Device for heroism while engaged in aerial flight in the RVN on 13 December 1966.

9.  Headquarters, 1st Aviation Brigade, General Orders Number 3055, dated 2 July 1967, show the applicant was awarded the Air Medal (11th through 14th oak leaf cluster) for meritorious achievement while participating in aerial flight in the RVN from 28 February 1967 to 28 May 1967.

10.  Headquarters, 1st Aviation Brigade, General Orders Number 4265, dated 9 September 1967, show the applicant was awarded the Air Medal (15th through 17th oak leaf cluster) for meritorious achievement while participating in aerial flight in the RVN from 1 July 1967 to 2 August 1967.

11.  The general orders awarding the applicant the 18 Air Medals all show he was assigned to the 334th Aviation Company (redesignated as the 334th Armed Helicopter Company), 1st Aviation Brigade, from 28 October 1966 through 2 August 1967.

12.  The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), as corrected by a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 20 February 2009, shows he entered active duty this period on 17 May 1965, was honorably released from active duty on 31 August 1968, and transferred to the U.S. Army Reserve Control Group (Reinforcement).  At the time he had completed 3 years, 3 months, and 15 days of net active service and 11 months and 24 days of foreign service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded the Basic Missileman Badge, National Defense Service Medal, Army Aviator Badge, Vietnam Service Medal, Air Medal with 17 oak leaf clusters, Republic of Vietnam Campaign Medal, Bronze Star Medal, Valorous Unit Award, Distinguished Flying Cross with one oak leaf cluster, Purple Heart with one oak leaf cluster, Meritorious Service Medal, Legion of Merit, and Army Commendation Medal with "V" Device and four oak leaf clusters.

13.  There are no orders or other evidence in the applicant's military personnel records that shows he was awarded the Air Medal (18th through 20th oak leaf cluster).

14.  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 the Air Medal (18th through 20th oak leaf cluster) to the applicant.

15.  In support of his application, the applicant provides a copy of his individual flight record for the period July through September 1967.  This document shows that the applicant completed 77 flight hours and 139 combat missions from 6 August 1967 through 29 September 1967.

16.  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.

17.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists campaigns for Vietnam.  This regulation shows that participation credit was awarded for the Vietnam Counteroffensive Phase II and Vietnam Counteroffensive Phase III campaigns during the applicant's period of service in the RVN; a total of two 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.

18.  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 the 334th Aviation Company, the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army, General Orders Number 22, dated 1968.

19.  Army Regulation 600-8-22 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.

20.  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."

21.  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 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.

	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.

22.  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.

23.  Army Regulation 600-8-22 provides that the bronze "V" device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze "V" device in conjunction with awards of the Air Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show three additional awards of the Air Medal (i.e., Air Medal with 18th through 20th oak leaf cluster) because he completed 77 combat hours and 139 combat missions in the RVN from 6 August 1967 to 29 September 1967 subsequent to his 17th award of the Air Medal.

2.  General orders awarded the applicant the Air Medal (1st through 17th oak leaf cluster) with "V" Device for meritorious achievement while participating in aerial flight in the RVN from 28 October 1966 through 2 August 1967 and for heroism while engaged in aerial flight in the RVN on 13 December 1966.

3.  The evidence of record shows that the applicant completed a total of 77 flight hours and 139 combat missions from 6 August 1967 through 29 September 1967 after receiving his 17th award of the Air Medal.  Given the applicant's unit of assignment, it is concluded that the majority of his combat missions would have been category I or category II missions.  In this regard, the total flight hours, along with the combat missions, equate to three additional awards of the Air Medal based on meritorious achievement while participating in aerial flight in the RVN.  Thus, it is concluded that the available evidence supports the applicant's claim to a total of 20 awards of the Air Medal.  Therefore, it would be appropriate to correct his records to show three additional awards of the Air Medal (i.e., Air Medal with 18th through 20th oak leaf cluster).

4.  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 properly show his 20 awards of the Air Medal (i.e., Air Medal with Numeral 20 and "V" Device).

5.  The applicant qualified for award of the Vietnam Service Medal and he participated in two 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 two bronze service stars.

6.  General orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to correct his DD Form 214 to show this foreign unit 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.  awarding the applicant the Air Medal with Numerals 18 through 20 for meritorious achievement while participating in aerial flight in the RVN from 3 August 1967 to 29 September 1967;

	b.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal and Air Medal with 17 oak leaf clusters; and

	c.  adding to item 24 of his DD Form 214 the Air Medal with Numeral 20 and "V" Device, Vietnam Service Medal with two bronze service stars, and Republic of Vietnam Gallantry Cross with Palm 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)                                         AR20090009376



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ABCMR Record of Proceedings (cont)                                         AR20090009376



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