IN THE CASE OF:	  

		BOARD DATE:	    30 November 2010

		DOCKET NUMBER:  AR20100012558 


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 additional awards of the Air Medal.  

2.  The applicant states he flew 164 combat missions but only one Air Medal is shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant provides his DA Form 759 and 759-1 (Individual Flight Record and Flight Certificate - Army).

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's military records show he was inducted into the Army on 6 March 1968 and he enlisted in the Regular Army on 12 March 1968.  He completed initial entry training and was awarded the military occupational specialty of utility helicopter mechanic.  The highest enlisted pay grade he held was E-5.

3.  His DA Form 20 (Enlisted Qualification Record) shows that while he was in Vietnam during the period 24 June 1969 to 30 September 1970 he was assigned to B Troop, 7th Squadron, 17th Cavalry, with principal duty as a crew chief.  This form also shows the initial award of the Air Medal and an Air Medal with "V" Device.

4.  His records contain:

   a.  Headquarters, U.S. Army Transportation School Special Orders Number 149, dated 31 July 1968, awarding him the Aircraft Crewman Badge. 

   b.  Headquarters, 1st Aviation Brigade General Orders Number 6101, dated 24 November 1969, awarding him the Air Medal for the period 23-30 September 1969.

   c.  Headquarters, 1st Aviation Brigade General Orders Number 2060, dated 2 April 1970, awarding him the Air Medal for heroism.

5.  He was honorably released from active duty on 15 October 1970 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve obligation.  He completed a total of 2 years, 7 months, and 10 days of creditable active service.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 15 October 1970 (hereafter referred to as his DD Form 214) shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Armed Forces Expeditionary Medal, Air Medal with "V" Device, Army Commendation Medal with 1st oak leaf cluster (OLC), Sharpshooter Marksmanship Qualification Badge with Rifle M-14, and two overseas service bars.

7.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command, which is an index of general orders issued during 


the Vietnam era between 1965 and 1973, failed to reveal any orders awarding additional Air Medals beyond that shown on his DA Form 20.

8.  He provided copies of his DA Forms 759 and 759-1 covering the period August 1969 to October 1970.  These forms show he flew on 164 combat missions totaling 693.4 hours of combat flight time.  This total minus the 7 combat missions and 34.4 hours of flight time covered by the already-awarded Air Medals leaves a remainder of 157 combat missions and 659 hours of combat flight time not covered in his currently-awarded Air Medals.

9.  Army Regulation 600-8-22 (Military Awards) 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 is required.

10.  Army Regulation 600-8-22 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.

11.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided guidelines for award of the Air Medal.  It stated 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.

12.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows the campaigns for Vietnam.  During the applicant's tour of duty in Vietnam he participated in the following four campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

* Vietnam Summer-Fall 1969 (9 June 1969-31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969-30 April 1970)


* DA Sanctuary Counteroffensive (1 May-30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970-30 June 1971)

13.  The applicant's records are void of any orders or other documents that indicate he was ever recommended for or awarded the Army Good Conduct Medal by proper authority duty.  The applicant's DA Form 20 shows all "excellent" conduct and efficiency ratings.  There are no adverse actions recorded in the available records and no disqualification by his chain of command.

14.  Army Regulation 672-5-1 (Military Awards), in effect at the time, required that throughout a qualifying period of service for award of the Good Conduct Medal the enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 January to 31 January 1970 by Department of the Army General Order (DAGO) Number 52, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  Evidence shows the applicant flew on 157 combat missions totaling 659 hours of combat flight time beyond the period covered by the aforementioned general orders awarding him the initial award of the Air Medal and an Air Medal for heroism.  Based on 25 combat missions with a minimum of 25 hours of flight time for each award of the Air Medal, available evidence is sufficient to support six additional awards of the Air Medal and correction of his DD Form 214 to show award of the Air Medal with "V" Device with Numeral "8."

2.  Special orders show the applicant was awarded the Aircraft Crewman Badge, currently known as the Basic Aviation Badge.  Therefore, he is entitled to have his DD Form 214 corrected to show this award.

3.  The applicant completed a period of qualifying service ending with the termination of a period of Federal military service.  The applicant also had "excellent" conduct and efficiency ratings throughout his tenure of service.  There 


is no record of any disciplinary action taken against the applicant or disqualification by his chain of command.  Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal (1st Award) for the period 6 March 1968 through 15 October 1970 and to add this award to his DD Form 214.

4.  The available records show he was awarded the Vietnam Service Medal.  Additionally, evidence shows he participated in four campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of four bronze service stars to be affixed to his previously-awarded Vietnam Service Medal.

5.  Evidence shows the applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

6.  In view of the foregoing, the applicant's records should be corrected as shown below.

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 the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
6 March 1968 through 15 October 1970; and


	c.  adding to item 24 of his DD Form 214 the Air Medal with Numeral "8," Army Good Conduct Medal (1st Award), Vietnam Service Medal with four bronze service stars, and the 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)                                         AR20100012558



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ABCMR Record of Proceedings (cont)                                         AR20100012558



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