IN THE CASE OF:	  

		BOARD DATE:	  28 September 2010

		DOCKET NUMBER:  AR20100000912 


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 his Bronze Star Medal and any subsequent awards of the Air Medal he is entitled to.

2.  The applicant states he was awarded the Bronze Star Medal but it was not added to his DD Form 214.  Further, he would like any subsequent awards of the Air Medal based on his total accumulated combat assault flight time and direct combat support flight time.  These medals were earned and should be part of his military service record.

3.  The applicant provides copies of his Bronze Star Medal orders and a copy of his DD Form 214 for the period ending 3 December 1971.

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.  He accepted an appointment as a second lieutenant the U.S. Army Reserve (USAR) on 17 December 1966 in the Engineer Branch.  He entered active duty on 28 January 1969.  He was promoted to first lieutenant on 28 January 1970.  He subsequently completed the Officer Rotary Wing Aviator Course and he was awarded specialty number 1981 (Rotary Wing Aviator) on 10 February 1970.

3.  He served in Vietnam from on or about 10 February 1970 to on or about 
7 March 1971.  He was assigned as a Section Commander with the 335th Aviation Company (Assault Helicopter) from 28 March through 2 June 1970 and as an S-2 Intelligence Officer with Headquarters and Headquarters Company, 214th Aviation Battalion (Combat) from 3 June 1970 through 7 March 1971.

4.  Headquarters, 1st Aviation Brigade, General Orders Number 11806, dated 
1 December 1970, awarded him the Air Medal for the period 5 May 1970 to 
16 May 1970.

5.  Headquarters, 1st Aviation Brigade, General Orders Number 1275, dated 
17 February 1971, awarded him the Bronze Star Medal.

6.  During his service in Vietnam, his DA Forms 759 (Individual Flight Record and Flight Certificate - Army) show he completed 237 hours of total pilot combat time from April 1970 through March 1971, and a minimum of 56 Category I combat missions.

7.  He was released from active duty on 3 December 1971 and he was transferred to the USAR Control Group (Standby).  The DD Form 214 he was issued at the time shows he completed 2 years, 10 months, and 6 days of total active service.

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Army Aviator Badge, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal with Device "1960," and the Air Medal.

9.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards), in effect at the time, provided guidelines for award of the Air Medal.  It stated 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.

10.  Combat missions were divided into three categories:

   a.  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.

   b.  A category II mission was characterized by support rendered a friendly force immediately before, during, or immediately following a combat operation.

   c.  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.

11.  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 times and adjust it to a common denominator.

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

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

14.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is 


credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following three campaigns:

* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive, Phase VII (1 July 1970 - 30 June 1971)

15.  Department of the Army (DA) 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 shows that during his service with the 335th Aviation Company his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 15 December 1969 - 10 October 1970 by Department of the Army General Orders (DAGO) 52, dated 1971.

16.  DA Pamphlet 672-3 also shows that during his service with Headquarters and Headquarters Company, 214th Aviation Battalion, in Vietnam, his unit was awarded the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 January 1969 - 30 September 1970 by DAGO 6, dated 1974
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 October 1970 - 31 August 1972 by DAGO 6, dated 1974

17.  DA Pamphlet 672-3, paragraph 6 (Miscellaneous Information) states that not more than one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show the Bronze Star Medal and the appropriate number of Air Medals based on his flight records.

2.  The evidence of record shows he served in Vietnam from on or about 
10 February 1970 to on or about 7 March 1971 during which he completed 237 combat flight hours and a minimum of 56 Category I combat missions.  He was previously-awarded the Air Medal for the period from 5 May 1970 to 16 May 1970.

3.  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.  Flight records show he performed duties as either the first pilot or co-pilot on all missions and served in Headquarters and Headquarters Company, 214th Aviation Battalion (Combat); therefore, it is reasonable to presume that his combat missions were category I missions.

4.  He completed 56 category I missions; therefore, he is entitled to one additional award of the Air Medal based on his combat missions by subtracting 25 hours from his total combat missions to account for his previously-awarded Air Medal, and award him one additional award of the Air Medal based on the remainder of his combat missions (56 minus 25 = 31; 31 divided by 25 category 
I missions = 1).

5.  General orders awarded him the Bronze Star Medal.  Therefore, his DD Form 214 should be corrected to show this award.

6.  General orders awarded his units in Vietnam three awards of the 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 three awards of this unit award although he is only entitled to wear one of these awards.

7.  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.

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 by:

   a.  delete from item 24 of his DD Form 214 the Air Medal and the Vietnam Service Medal; and

   b.  adding to item 24 of his DD Form 214 the Bronze Star Medal, Air Medal with Numeral "2," Vietnam Service Medal with 3 bronze service stars, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation (3 Awards).



      __________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)                                         AR20100000912



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ABCMR Record of Proceedings (cont)                                         AR20100000912



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