DOCKET NUMBER:  AR20090021269 


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 flight records to show he completed 1020 instead of 816 combat hours. 

2.  The applicant states he flew as a military student pilot for 209 hours and as an instructor pilot for 1017 hours.  He also flew as an aircraft commander and first pilot, both in combat, for 1020 hours.  He would like his records corrected. 

3.  The applicant provides a copy of his USAAVNC Form 759-1 (Individual Flight Record and Flight Certificate) for the period covered from 1 November 1970 to 30 November 1970, 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.  Army Regulation 95-1 (Flight Regulation) covers aircraft operations, crew requirements, crew requirements, and flight rules.  The regulation specifies that each crew member must present his or her individual flight records to the unit of assignment.  The flying experience and qualification data for each rated crew member and flight surgeon in aviation service and each non-rated crew member will be documented on several forms among which are the DA Form 759 (Individual Flight Record and Flight Certificate Army) and the DA Form 759-1 (Individual Flight Record and Flight Certificate—Army).  The "Mission Data" column on the DA Form 759-1 lists a single character for the mission identification (ID).  During the Vietnam War, the following Mission IDs were used:

Mission Symbol
Service Missions
A
Acceptance test Flight
F
Maintenance Flight
S
Service Mission
T
Training Flight
X 
Experimental Test Flight
C
Combat Mission
3.  Having had prior enlisted service, the applicant's records show he was appointed as a second lieutenant in the U.S. Army Reserve and he executed an oath of office on 16 May 1967.

4.  His records also show he completed Phase I of the Officer Rotary Wing Aviator Course (ORWAC), at the U.S. Army Primary Helicopter School, Fort Wolters, TX, on 16 February 1968, during which he completed 110 hours of Total Student Pilot Time.  He also completed the ORWAC at the U.S. Army Aviation School, Fort Rucker, AL, from 26 February 1968 to 18 June 1968, during which he completed 99 hours of student pilot time for a total of 209 hours of "T" flights.

5.  From June 1968 to 29 February 1969, he completed 152 hours of flying time as follows:

* In June 1968; 7 "T" and "S" flight hours
* In July 1968, 17 "T" and "S" flight hours
* From 8 August 1968 to 9 September 1968, 43 "T" flight hours
* From September 1968 to November 1968, 22 "T" flight hours
* From December 1968 to 29 February 1969, 63 "T" flight hours

6.  He served in Vietnam from on or about 1 March 1969 to on or about 25 February 1970.  He was assigned as a weapons team leader to Troop C, 2nd Squadron, 17th Cavalry, 101st Airborne Division. 

7.  During his service in Vietnam, he completed 179 "C" combat missions, shown on various DA Forms 759-1.  A break-down of his monthly combat hours during his service in Vietnam is as follows:

Month 1969/1970
Aircraft Commander
First Pilot
Co-Pilot
Total
March 
0.0
0.0
0.0
0.0
April 
0.6
32.2
0.0
32.8
May 
0.0
68.0
0.0
68.0
June 
1.6
87.6
0.0
89.2
July 
0.0
110.8
0.0
110.8
August 
92.1
0.0
0.0
92.1
September 
41.1
0.0
0.0
41.1
October 
106.8
1.2
0.0
108.0
November 
73.0
2.1
0.0
75.1
December
78.6
3.7
0.0
82.3
January
79.9
2.0
0.0
81.9
February
32.0
0.5
0.8
33.3





Total
505.7
308.1
0.8
814.6
8.  His DA Form 759 for the period from September 1968 to June 1969 shows completion of 60 flight hours as an aircraft commander; 257 flight hours as a first pilot; 15 flight hours as a copilot; and 209 flight hours as a military student pilot, for a total of 540 flight hours, of which 190 flight hours was designated as pilot combat time. 

9.  His DA Form 759 for the period from July 1969 to February 1970 shows completion of 564 flight hours as an aircraft commander; 378 flight hours as a first pilot; 16 flight hours as a copilot; and 209 flight hours as a military student pilot, for a total of 1,167 flight hours, of which 816 flight hours was designated as pilot combat time. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his flight records should be corrected to show he completed 1,020 hours of flight time instead of 816.

2.  The evidence of record shows he served in Vietnam from on or about 1 March 1969 to on or about 25 February 1970.  During this period of combat service, he completed 814.6 (rounded up to 816 due to several fractions of hours) hours of flight time which is correctly shown on his DA Form 759, ending in February 1970.  
3.  There is no evidence in his flight record and he did not provide substantiating evidence that shows he completed more combat hours than those reflected on his DA Form 759.  Therefore, there is insufficient evidence to grant him the requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  __x____  _____x___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      _______ _   _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)                                         AR20090021269



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090021269



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1