BOARD DATE:	  3 May 2011

		DOCKET NUMBER:  AR20100015164 


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 he conducted air assaults against an armed enemy in the Republic of Vietnam (RVN) as an Army aviator.

3.  The applicant provides a DD Form 214 (Report of Separation from Active Duty) and orders for the Distinguished Flying Cross.

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 enlisted in the Regular Army on 16 August 1966 and upon completion of initial entry training he was awarded military occupational specialty 11F (Infantry Operations and Intelligence Specialist).  He was discharged on 
17 July 1967 for the purpose of accepting a commission.

3.  His DD Form 214 for this period of active duty service shows he was awarded the National Defense Service Medal and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  He was appointed a Reserve commissioned officer on 18 July 1967 in the rank of second lieutenant and entered active duty that date as a rotary wing aviator.

5.  Item 17 (Foreign Service) of his DA Form 66 (Officer Qualification Record) shows he served in the RVN from 7 October 1968 to 7 October 1969 and from 
1 November 1971 to 31 October 1972.  Item 18 (Record of Assignments) shows he served with the 162nd Aviation Company (Assault Helicopter) during his first tour in the RVN and with the 1st Aviation Brigade and the 716th Military Police Battalion during his second tour in the RVN.

6.  He was released from active duty on 8 September 1975.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for this period of active duty service shows:

* National Defense Service Medal
* Distinguished Flying Cross
* Vietnam Campaign Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Army "Aviation" Badge
* Bronze Star Medal
* Vietnam Service Medal with one silver and one bronze service stars
* Purple Heart

7.  There are no orders or any other evidence in his Official Military Personnel File (OMPF) showing he was awarded the Air Medal.  His OMPF does contain DA Forms 759 (Individual Flight Record and Flight Certificate - Army) that show he completed 742 hours of pilot combat time during the period October 1968 - June 1969.  All entries on these forms show the mission symbol as "C," denoting combat missions.

8.  During the processing of this case, a member of the Board's staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS).  This is a web based index containing general orders issued during the Vietnam era between 1965 and 1973.  No orders for the Air Medal pertaining to the applicant were found in ADCARS.

9.  Army Regulation 600-8-22 (Military Awards) states the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

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

11.  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.

12.  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.

13.  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.

14.  Army Regulation 600-8-22 contains the regulatory guidance for the Vietnam Service Medal and states that a bronze service star is authorized with this award for each RVN campaign a member is credited with participating in.  A silver service star is authorized in lieu of five bronze service stars.  Appendix B contains the campaigns for the RVN conflict and shows participation credit was awarded for the following five campaigns during his tour of duty in the RVN:

* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969)
* Tet 69 Counteroffensive (22 February - 8 June 1969)
* Vietnam Summer - Fall (9 June - 31 October 1969)
* Consolidation I (1 July - 30 November 1971)
* Consolidation II (1 December 1971 - 29 March 1972)
* Vietnam Cease Fire (30 March 1972 - 28 January 1973)

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the RVN.  This pamphlet shows the 162nd Aviation Company was cited for award of the RVN Civil Actions Honor Medal First Class Unit Citation for the period 
19 December 1966 - 28 June 1969 by Department of the Army General Orders Number 59, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for award of the Air Medal has been carefully considered.

2.  He completed a total of 742 hours of pilot combat time during the period October 1968 - June 1969.  All entries on the DA Forms 759 show the mission symbol as "C," denoting combat missions.  He was assigned to an attack helicopter company during the period these flight hours were recorded and was awarded the Distinguished Flying Cross during this period.  It can be presumed that his flight missions were category I missions.  Therefore, it would be appropriate to award him the Air Medal with numerals 2 through 29 and to correct his DD Form 214 to show this award.

3.  He was awarded the Vietnam Service Medal with one silver and one bronze service stars; however, he participated in seven campaigns during his two tours of duty in the RVN.  Therefore, his DD Form 214 should be corrected to show the Vietnam Service Medal with one silver and two bronze service stars.

4.  Based on his service with the 162nd Aviation Company, he is also entitled to correction of his DD Form 214 to show the RVN Civil Actions Honor Medal First Class Unit Citation.

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.  awarding him the Air Medal with numerals 2 through 29;

	b.  deleting from item 26 of his DD Form 214 for the period ending 
8 September 1975 the Vietnam Service Medal with one silver and one bronze service stars; and 

	c. adding to item 26 of his DD Form 214 the Air Medal with Numeral 29, the  Vietnam Service Medal with one silver and two bronze service stars, and the Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20100015164



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ABCMR Record of Proceedings (cont)                                         AR20100015164



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