BOARD DATE:	  22 March 2011

		DOCKET NUMBER:  AR20100022057 


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 the Air Medal based on 800 combat flying hours.

2.  The applicant states he had 800 combat flying hours while flying with the 1st Air Cavalry in the Republic of Vietnam

3.  The applicant provides no additional evidence.

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 enlisted in the Regular Army on 10 October 1967 for a period of 3 years.  He completed basic combat and advanced individual training.  He was awarded military occupational specialty 67N (UH-1 Helicopter Repairman) on 25 June 1969.

3.  He served in the Republic of Vietnam from 9 May 1968 to 6 November 1969.  During this period he was assigned to the:

* 336th Aviation Company from 16 May to 1 July 1968
* U.S. Army Vietnam (USARV) Patient Casualty Company from 2 July to 22 August 1968
* 336th Aviation Company from 23 August 1968 to 5 November 1969

4.  Effective 4 February 1969, he was assigned as a non-aviator crewmember crew chief and was required to participate regularly and frequently in aerial flight as a crewmember.

5.  On 11 September 1970, he was released from active duty.  He completed 2 years, 9 months, and 23 days of active service that was characterized as honorable.   Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or is authorized:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* three overseas service bars
* Army Commendation Medal
* Sharpshooter Marksmanship Qualification Badge (M-16)
* Expert Marksmanship Qualification Badge (M-14)

6.  There are no orders in the applicant's military personnel records jacket (MPRJ) awarding him the Air Medal.  There is no USARV Form 157-R in his MPRJ.  His MPRJ does not contain any flight records showing the number and type of missions he participated in.

7.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders awarding the applicant the Air Medal.

8.  Based on the applicant's dates of service in Vietnam, table B-1 of Army Regulation 600-8-22 (Military Awards) shows he served in the:

* Vietnam Counteroffensive Phase IV Campaign (2 April 1968-30 June 1968)
* Vietnam Counteroffensive Phase V Campaign (1 July 1968-1 November 1968)
* Vietnam Counteroffensive Phase VI Campaign (2 November 1968-22 February 1969)
* Tet 69 Counteroffensive 1969 Campaign (23 February 1969-8 June 1969)
* Vietnam Summer-Fall 1969 Campaign (9 June 1969-31 October 1969)
* Vietnam Winter-Spring 1970 Campaign (1 November 1969-30 April 1970)

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, and unit citation emblems awarded during the Vietnam Conflict.  This pamphlet shows that during the time of the applicant's assignment to the 336th Aviation Company, the unit received the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 27 March 1967-17 May 1968.

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

	a.  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.

	b.  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 to 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 vulnerable at times to small arms fire or under hazardous weather or terrain conditions.

	c.  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.

	d.  Appendix IV required that recommendations for award of the Air Medal for crewmembers or non-crewmembers on flying status would be submitted on a USARV Form 157-R.  The recommendation for award must also have stated that the individual "met the required number of missions and hours for award of the Air Medal"; that "the individual has not caused, either directly or indirectly, an aircraft abort, late take-off, accident, or incident"; and that the "individual's accomplishments and service throughout the period have reflected meritorious performance, with no instance of non-professionalism, mediocrity, or failure to display an aggressive spirit."

11.  Army Regulation 600-8-22 authorizes award of a bronze service star based on qualifying service for each campaign listed in appendix B.  A silver service star is worn instead of five bronze service stars.  The regulation states that authorized bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  There is no record of the applicant being awarded or recommended for award of the Air Medal.

2.  The applicant was assigned to the 336th Aviation Company as a non-aviator crewmember crew chief during the period 4 February 1969 to 5 November 1969. 
It is reasonable to conclude that during this 8-month period he would have completed the minimum required category I, II, or III missions.  There is no evidence that he caused, either directly or indirectly, an aircraft abort, late take-off, accident, or incident.  Therefore, it is reasonable to conclude he should have been awarded the Air Medal.  However, because there are no flight logs available to show the exact number and type of missions flown, there is insufficient evidence to award additional awards of the Air Medal.

3.  Based on his service with the 336th Aviation Company, he is authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

4.  His military record shows he participated in six campaigns during his service in Vietnam.  Therefore, he is authorized one silver and one bronze service star with his Vietnam Service Medal.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x____  _____x__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial 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 and

	b.  amending item 24 of his DD Form 214 to add the:

* Air Medal
* Vietnam Service Medal with one silver and one bronze service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to additional awards of the Air 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)                                         AR20100022057



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ABCMR Record of Proceedings (cont)                                         AR20100022057



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