IN THE CASE OF:	  

		BOARD DATE:	    19 May 2010

		DOCKET NUMBER:  AR20090021270 


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 award of an appropriate number of Air Medals that corresponds with the combat hours he flew. 

2.  The applicant states he received his first award of the Air Medal but not any subsequent awards. 

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, 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.  The applicant's records show he enlisted in the Regular Army 26 April 1966 and held military occupational specialty 11E (Armor Crewmember).  He was honorably discharged on 15 June 1966 to accept an appointment as a commissioned officer. 

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the National Defense Service Medal and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

5.  His records also show he was appointed as a second lieutenant in the U.S. Army Reserve (USAR) and he executed an oath of office on 16 May 1967.  He subsequently completed the Officer Rotary Wing Aviator Course and he was promoted to captain on 16 June 1969.  

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 of a Cobra Attack Helicopter to Troop C, 2nd Squadron, 17th Cavalry, 101st Airborne Division. 

7.  During his service in Vietnam, he completed the following combat missions, shown on various DA Forms 759-1 (Individual Flight Record and Flight 
Certificate - Army):

Month/Year
Monthly Combat Missions 
March 1969
No flights performed
April 1969F
10 combat missions
May 1969S
11 combat missions
June 1969
24 combat missions
July 1969 
22 combat missions
August 1969
18 combat missions
September 1969
9 combat missions
October 1969
19 combat missions
November 1969
19 combat missions
December 1969
20 combat missions
January 1970
20 combat missions
February 1970 
7 combat missions
Total combat
missions
179 combat mission
8.  He was honorably released from active duty on 4 April 1972 and he was transferred to the USAR Control Group (Standby Reserve).  

9.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending on 4 April 1972 shows the Aviation Badge, Vietnam Service Medal, Air Medal, Defense Distinguished Cross, Army Commendation Medal, Purple Heart, Vietnam Campaign Medal with "1960" Device, and Bronze Star Medal.

10.  On 19 March 2001, he was issued a DD Form 215 (Correction to DD Form 214) that added award of the Bronze Star Medal (1st Oak Leaf Cluster) and "V" Device.

11.  His DA Form 759 (Individual Flight Record and Flight Certificate - Army) 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. 

12.  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. 


13.  Army Regulation 600-8-22 (Military Awards) states 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 (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.  

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.  A review of his records indicates his entitlement to additional awards which are not listed on his DD Form 214.

18.  Headquarters, U.S. Armor School, Fort Knox, KT, General Orders Number 33, dated 11 April 1967, awarded him the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period from 26 April 1966 through 11 May 1967.

19.  Headquarters, U.S. Army Aviation School, Fort Rucker, AL, Special Orders Number 100, dated 17 April 1968, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and Expert Marksmanship Qualification Badge with Pistol Bar (.45 caliber).

20.  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 service with troop C, 2nd Squadron, 17th Cavalry, in Vietnam, his unit was awarded the Valorous Unit Award, for service from 7 December 1969 to 16 February 1970, based on Department of the Army general Orders (DAGO) Number 48, dated 1971; and the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for service from 2 December 1969 to 8 January 1971, based on DAGO Number 24, dated 1972.

21.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the TET 69 Counteroffensive, Phase III (23 February 1969 to 8 June 1969), Vietnam Summer - Fall 1969 (9 June 1969 to 31 October 1969), and the Vietnam Winter - Spring 1970 (1 November 1969 to 30 April 1970) 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.

22.  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 he should be awarded an appropriate number of Air Medals that corresponds with the combat hours he flew.

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 which he completed 179 combat missions (not hours).  

	a.  He completed 179 combat missions and accrued 816 combat hours.  Under USARV Regulation 672-1, aircrew members were required to have a minimum of 25 category I missions and 25 flight hours to qualify for each award of the Air Medal.  Since he was a weapons team leader of a Cobra Attack Helicopter in Vietnam, it is reasonable to presume that his combat missions were category I missions.

	b.  He completed 179 category I missions and already received one award of the Air Medal.  Therefore, he should receive 6 additional awards of the Air Medal based on his combat missions by subtracting 25 hours from his total combat missions to account for his already-awarded Air Medal, and award him 6 additional awards of the Air Medal based on the remainder of his combat missions (179 minus 25 = 154; 154 divided by 25 category I missions = 6). 

3.  Permanent orders awarded him the Good Conduct Medal (1st Award) which is not shown on his DD Form 214; therefore, he is entitled to correction of his 
DD Form 214 to show this award.

4.  Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle (M-16) and Pistol (.45 caliber) Bars which are not shown on his 
DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these badges.

5.  General orders awarded his unit the Valorous Unit Award and Republic of Vietnam Gallantry Cross with Palm 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.

6.  The evidence of record shows he was awarded the Vietnam Service Medal.  His records also show he participated in three campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show the Vietnam Service Medal with three bronze service stars.

7.  He was previously awarded the National Defense Service Medal during his enlisted service.  This award is not shown on his DD Form 214 for the period ending on 4 April 1972.  Therefore, he is entitled to correction of his DD Form 214 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 for the period ending 4 April 1972 the Air Medal; and 

	b.  adding to item 24 of his DD Form 214 for the period ending 4 April 1972 the Air Medal (Sixth Oak Leaf Cluster), Good Conduct Medal (1st Award), Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Expert Marksmanship Qualification Badge with Pistol (.45 caliber) Bar, and three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.



      __________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)                                         AR20090021270



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ABCMR Record of Proceedings (cont)                                         AR20090021270



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