BOARD DATE:	  10 November 2009

		DOCKET NUMBER:  AR20090010050 


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 that he be awarded the Air Medal.

2.  The applicant states that he was an aircraft mechanic when he arrived in Vietnam, but was pulled from that duty and was transferred to be a helicopter crew chief prior to being promoted to the pay grade of E-5.  He goes on to state that he flew numerous missions in Vietnam and in May 1970, he flew several into Cambodia.  He continues by stating that Army policy at the time was that an Air Medal (AM) was to be awarded for 25 hours.  He continues by stating that he flew every day and without this change, he cannot prove that he was exposed to hostile fire and saw combat operations and cannot prove that his hearing loss was connected to his military service.  

3.  The applicant provides no additional documents with 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 inducted in Montgomery, Alabama on 20 February 1969.  He completed his basic training at Fort Benning, Georgia and his advanced individual training as a helicopter repairman at Fort Eustis, Virginia before being transferred to Vietnam on 12 September 1969. 

3.  He was initially assigned to the 576th Transportation Detachment, 3d Squadron, 17th Cavalry Regiment for duty as a an AH-1G (Cobra) helicopter repairman and was advanced to the pay grade of E-4 on 14 January 1970.

4.  On 12 May 1970, he was transferred to B Troop, 3d Squadron, 17th Cavalry Regiment, for duty as a UH-1 (Huey) crew chief.  He was promoted to the pay grade of E-5 on 22 July 1970.

5.  He participated in four campaigns and departed Vietnam on 11 October 1970. He was transferred to Fort Dix, New Jersey, where he was honorably released from active duty (REFRAD) on 11 October 1970 as an early overseas returnee.  He had served 1 year, 7 months and 13 days of total active service.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) issued at the time of his REFRAD reflects that he was awarded the National Defense Service Medal, the Vietnam Service Medal (VSM), the Republic of Vietnam Campaign Medal, the Army Commendation Medal (ARCOM), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

6.  A review of his records shows that on 3 March 1970, he was awarded the ARCOM for meritorious achievement for the period of 12 September to 12 December 1969.

7.  On 25 June 1970, he was awarded the ARCOM for heroism on 25 January 1970.

8.  A search of the United States Army Human Resources Command Awards and Decorations Computer-Assisted Retrieval System (ADCARS), a web-based index containing roughly 611,000 general orders issued between 1965 and 1973 for the Vietnam era, shows that the applicant was awarded the Air Medal (second through ninth award) for the period of 27 May through 1 October 1970 in General Orders Number 11008 dated 9 November 1970, issued by Headquarters, 1st Aviation Brigade.

9.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Table 1 (Army Units in Numerical Order) of the pamphlet indicates that the applicant’s unit was subsequently awarded the  Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation and the Republic of Vietnam Civil Actions Honor Medal – First Class Unit Citation (RVNCAHM-FC) during the period he was assigned to the unit.  Additionally, he participated in four campaigns while assigned to Vietnam and is entitled to be awarded four bronze service stars for wear on his already-awarded VSM.

10.  Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes 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.

11.  Army Regulation 600-8-22 provides, in pertinent part, 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 Army Commendation Medal, the Air Medal and the Bronze Star Medal.  

12.  Army Regulation 600-8-22 provides for one bronze service star for each campaign participation credit to be worn on the appropriate service medal, to include the VSM.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was awarded the AM (second through ninth award) on 9 November 1970.  Accordingly, his records should be corrected to reflect that the was awarded the AM with numeral "9."

2.  The applicant was also awarded two awards of the ARCOM, one of which was for heroism.  Awards for heroism are denoted with a "V" device.  Accordingly, his records should be corrected to reflect that he was awarded the ARCOM with "V" device and one oak leaf cluster (1OLC).  

3.  Additionally, the evidence of record shows that the applicant's unit was awarded the RVNGC w/Palm Unit Citation and the RVNCAHM-FC Unit Citation during the period he was assigned to the unit.  Accordingly, he is entitled to have those awards and four bronze service stars for wear on his already-awarded VSM added to his records at this time.



BOARD VOTE:

____x___  ___x____  __x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 adding the AM w/numeral "9," the ARCOM with "V" Device and 1OLC, the RVNGC w/Palm Unit Citation, the RVNCAHM-FC Unit Citation, and four bronze service stars for wear on his already-awarded VSM to his DD Form 214. 

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  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)                                         AR20090010050





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090010050



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1