IN THE CASE OF:	  

		BOARD DATE:	  6 October 2011

		DOCKET NUMBER:  AR20110005910 


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 twenty awards of the Air Medal.

2.  The applicant states his DD Form 214 was mailed to him after his release from active duty and he did not notice right away that the Air Medals were not listed.  

3.  The applicant provides his DD Form 214, an Air Medal certificate, and a Certificate of Appreciation.

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.  His military records show he enlisted in the Regular Army on 4 March 1968.  He completed training and he was awarded the military occupational specialty of aircraft maintenance crewman.  The highest rank/grade he held was specialist four/E-4.

3.  His DA Form 20 (Enlisted Qualification Record) shows during his tour of duty in the Republic of Vietnam he performed duties as:

   a.  an aircraft maintenance apprentice and doorgunner while he was assigned to the 117th Aviation Company (Assault Helicopter) during the period 29 September 1969 to 1 October 1970; and
   
   b.  a doorgunner while he was assigned to the 173d Aviation Company (Assault Helicopter) during the period 2 October to 7 October 1970.
   
4.  Headquarters, 1st Aviation Brigade General Orders Number 2508, dated 18 April 1970, awarded him the Air Medal (1st Award) for meritorious achievement during the period 9 through 14 October 1969.

5.  Headquarters, 11th Aviation Battalion (Combat) Special Orders Number 168, dated 17 June 1970, awarded him the Aircraft Crewman Badge (Permanent).
  
6.  He was honorably released from active duty on 9 October 1970 and transferred to the U.S. Army Reserve Control Group (Reinforcement).  He completed a total of 2 years, 7 months, and 6 days of creditable active service.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, and Purple Heart.

8.  A review of the Awards and Decorations Computer-Assisted Retrieval System 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 for additional awards of the Air Medal pertaining to the applicant.

9.  His available records contain no flight logs or other documents showing how many or what categories of missions he flew.

10.  The applicant provided a certificate showing the second through twentieth awards of the Air Medal.

11.  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.

12.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided guidelines for award of the Air Medal.  It defined the departure point for the award of the Air Medal for aircraft crewmembers, based on sustained operations, as 25 category I missions and a minimum of 25 hours of flight time engaged in category I missions (air assault and equally dangerous missions), 50 category II missions and accrual of a minimum of 50 hours of flight time engaged in category II missions (support rendered a friendly force immediately before, during or following a combat operation), or 100 category III missions and a minimum of 100 hours of flight time engaged in category III missions (support of friendly forces not connected with an immediate combat operation but which must be accomplished at altitudes which make the aircraft at times vulnerable to small arms fire, or an operation conducted under hazardous weather or terrain conditions).

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

* Vietnam Summer - Fall 1969 (9 June - 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)

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the unit the applicant was assigned to while serving in the Republic of Vietnam was awarded the:

   a.  Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders (DAGO) Number 8, dated 1974; and
   
   b.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 May 1969 to 15 May 1970 by DAGO Number 55, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the Air Medal (1st Award).  Therefore, he is entitled to have this award added to his DD Form 214.

2.  There are no orders or other evidence of the 2d through 20th awards of the Air Medal other than the certificate submitted by the applicant.  Air Medals for sustained operations are based on the types and number of missions flown, as well as flight hours.  There is no record of how many missions the applicant flew or the types of missions he flew.  Award certificates alone will not be used as a basis for entering a decoration on the DD Form 214.  Therefore, there is insufficient evidence to add the 2d through 20th awards of the Air Medal to his DD Form 214.  

3.  Special orders permanently awarded him the Aircraft Crewman (now known as Aviation) Badge.  As such, he is entitled to have this badge added to his DD Form 214.

4.  He was awarded the Vietnam Service Medal and he participated in four campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show his already-awarded Vietnam Service Medal with four bronze service stars.

5.  His unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he was assigned to the unit; therefore, these unit awards should be added to his DD Form 214.

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

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 was 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.  deleting from his DD Form 214 the Vietnam Service Medal; and 

   b.  adding to his DD Form 214 the Air Medal (1st Award), Aviation Badge, Vietnam Service Medal with four bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

2.  The Board further determined that 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 listing the 2d to 20th awards of the Air Medal on his DD Form 214.  



      _______ _   __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)                                         AR20110005910



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ABCMR Record of Proceedings (cont)                                         AR20110005910



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