BOARD DATE:	  25 August 2011

		DOCKET NUMBER:  AR20110003733 


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 award of several oak leaf clusters for his several hundred combat assault hours as a crew chief/door gunner.

2.  The applicant states he logged several hundred combat assault hours in the log book on the gunship, but he is unable to locate any personal copies of the documentation.  His pay records should verify he received flight pay for the entire year he served in Vietnam.  His medical records should verify he was wounded when a rocket blew up coming out of the tube during training.

3.  The applicant provides no supporting documentation.

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 service medical and dental records are believed to be on permanent loan to the Department of Veterans Affairs and are not available for review.  The Defense Finance and Accounting Service advises that it does not have access to pay records for the period the applicant was on active duty.

3.  The applicant was inducted into the Army of the United States on 2 November 1966 with a Regular Army enlistment 7 days later.  He completed training and was awarded military occupational specialty 67N (UH-1 Helicopter Repairman).

4.  The applicant served in Vietnam with the 2nd Squadron, 17th Cavalry Regiment (Airmobile), 101st Air Cavalry Division, from 22 July 1968 through 18 July 1969.

5.  His DA Form 759 (Individual Flight Record and Flight Certificate – Army – Part I) and DA Forms 759-1 (Individual Flight Record and Flight Certificate – Army – Part II) list the applicant's flight hours and types of mission as follows:

Month
August
September
October
November
December
January
Hours
32
55
25
4
6
6
Combat
19
16
16
1
1
1
Combat Support
0
0
0
1
1
1
Month
February
March
April
May
June

Hours
6
5
5
10
12

Combat
0
0
0
3
3

Combat Support
2
2
3
0
0

6.  The record contains orders for award of a single Air Medal, Bronze Star Medal, Army Good Conduct Medal, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

7.  The applicant's DA Form 20 (Enlisted Qualification Record) lists his awards as the National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Vietnam Service Medal, Bronze Star Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Army Commendation Medal, Air Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Expert Marksmanship Qualification Badge with Pistol Bar, and Expert Marksmanship Qualification Badge with Rifle Bar (M-16).


8.  The applicant was honorably released from active duty on 22 July 1969.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), lists his awards as the National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Bronze Star Medal, Vietnam Service Medal, Air Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Army Commendation Medal, and Expert Marksmanship Qualification Badge with Pistol Bar.

9.  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 for award of a second or subsequent Air Medal.

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

	a.  Award of the Air Medal was based on the number and types of missions or hours.  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

	b.  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.

	c.  An oak leaf cluster was authorized for additional awards of the Air Medal.  Currently, numerals starting with 2 are used to denote second and subsequent awards of the Air Medal.

11.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized based on qualifying service for each designated campaign listed in appendix B and states authorized service stars will be worn on the appropriate campaign or service medal.  Based on the applicant's dates of service in Vietnam, participation credit was awarded for the following four campaigns:  Counteroffensive Phase V, 1 July 1968-1 November 1968; Counteroffensive Phase VI, 2 November 1968-22 February 1969; Tet 69 Counteroffensive 1969, 23 February 1969-8 June 1969; and Vietnam Summer-Fall 1969, 9 June 1969-31 October 1969.

12.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214 and states awards and decorations for all periods of service are to be listed in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's records and abbreviations are not to be used.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he logged several hundred combat assault hours in the log book on the gunship, but he is unable to locate any personal copies of the documentation.  His pay records should verify he received flight pay for the entire year he served in Vietnam.  His medical records should verify he was wounded when a rocket blew up coming out of the tube during training.

2.  The applicant's records show he performed a total of 70 combat or combat support missions from August 1968 through June 1969.  Under the provisions for the Air Medal in effect at that time, the applicant qualifies for award of two Air Medals.  Therefore, his records should be corrected to show his entitlement to the Air Medal with Numeral 2.

3.  The applicant's award of the Army Good Conduct Medal was omitted from his DD Form 214.  It is appropriate to correct his DD Form 214 to show this award.

4.  The applicant qualified as Expert with the M-16 rifle and as Sharpshooter with the M-14 rifle.  His DD Form 214 omits both of these weapons qualification badges.


5.  The applicant served in Vietnam during four campaigns and is authorized to wear four bronze service stars on his already-awarded Vietnam Service Medal.

6.  The applicant's DD Form 214 does not list his awards in the proper sequence, several are incomplete, and abbreviations were used.  Based on the number of corrections and additions to the awards section necessary to correct his DD Form 214, it would be appropriate to delete all entries from item 24 and replace them with the following:  Bronze Star Medal, Air Medal with Numeral 2, Army Commendation Medal, Army Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal with four bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Expert Marksmanship Qualification Badge with Pistol and Rifle (M-16) Bars, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

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 the applicant a second Air Medal and

	b.  deleting all entries from item 24 of his DD Form 214;

	c.  adding the Bronze Star Medal, Air Medal with Numeral 2, Army Commendation Medal, Army Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal with four bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Expert Marksmanship Qualification Badge with Pistol and Rifle (M-16) Bars, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) to item 24 of his DD Form 214.

2.  The Board further determined that the evidence presented was 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 any more than one additional 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)                                         AR20110003733



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ABCMR Record of Proceedings (cont)                                         AR20110003733



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