IN THE CASE OF:	  

		BOARD DATE:	    8 November 2011

		DOCKET NUMBER:  AR20110010066 


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) by amending item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) to show the Vietnam Service Medal (VSM) with two bronze service stars and Air Medal (AM) (9th Oak Leaf Cluster) [currently known as Numeral 10].

2.  He states the VSM was issued with one bronze service star and the AM with four Oak Leaf Clusters.  All of his flight missions were with Company A, 159th Aviation Battalion (Air Assault Support), 101st Airborne Division, in Vietnam and a few of these missions were combat assault.  His flight records indicate he should have received the AM with nine oak leaf clusters.  

3.  He provides:

* his recorded flight hours
* his DD Form 214
* an Authorization for Issuance of Awards 
* various excerpts of award citations

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 personnel record shows he enlisted in the Regular Army on        23 December 1969.  After completion of training, he served in military occupational specialty 67U (Helicopter Repairman).

3.  His DA Form 20 (Enlisted Qualification Record) shows the following:

	a.  Item 31 (Foreign Service) – he served in the Republic of Vietnam (RVN) from 22 November 1970 through 16 November 1971.

	b.  Item 38 (Record of Assignments) – during his tour in Vietnam he was assigned to Headquarters and Headquarters Company (HHC), 1st Battalion, (Airmobile), 502nd Infantry Regiment from 4 December 1970 through 19 March 1971; and further assigned to Company A, 159th Aviation Battalion (Assault Support Helicopter), 101st Airborne Division from 20 March through 16 November 1971.

4.  The applicant provided and his record contains DA Forms 759 and 759-1 (Individual Flight Record and Flight Certificate - Army, Parts I and II), which provide detailed information regarding the missions the applicant flew while serving in Vietnam.  These documents show the applicant departed from a base camp on combat missions on 102 separate occasions and he accrued 462 flight hours while flying combat missions in Vietnam.
  
5.  On 22 September 1972, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) after completing 2 years and 9 months of active service.  Item 24 of this form shows he was awarded the following:

* National Defense Service Medal
* Bronze Star Medal
* RVN Campaign Medal with Device (1960)
* Aircraft Crewman Badge

6.  His record contains Permanent Orders 163-22, dated 12 September 1985.  This order shows he was awarded the AM (basic through fifth award) for the period 23 March to 2 November 1971 in accordance with Army Regulation     672-5-1 (Awards).  

7.  A review of his records indicates he is entitled to additional awards that are not shown on his DD Form 214. 

8.  His record is void of documentation showing he was recommended for or awarded the Army Good Conduct Medal (AGCM).  Item 38 of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his military service.  His record is void of any derogatory information that could serve to disqualify him for this award.

9.  Army Regulation 672-5-1, in effect at the time, provided that the AGCM was awarded to individuals who completed a qualifying period of active duty enlisted service.  This period was 3 years, except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This pamphlet shows he is authorized to wear the following unit awards based on his periods of service:

   a.  HHC, 1st Battalion, (Airmobile), 502nd Infantry Regiment, was cited for award of the RVN Gallantry Cross with Palm Unit Citation from 1 March to 
9 October 1971 by Department of the Army General Orders Number 6, dated 1974; and RVN Civil Actions Honor Medal First Class Unit Citation from 
18 March 1968 to 2 May 1970 by Department of the Army General Orders Number 48, dated 1971.

   b.  Company A, 159th Aviation Battalion (Assault Support Helicopter), 101st Airborne Division was cited for award of the RVN Gallantry Cross with Palm Unit Citation from 1 March to 9 October 1971, by Department of the Army General Order Number 6, dated 1974.

11.  Department of the Army Pamphlet 672-3 states not more than one RVN Gallantry Cross with Palm Unit Citation will be worn by any individual.  Although 


multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  

12.  Department of the Army Pamphlet 672-3 also lists campaign periods for the Vietnam era.  Two designated campaigns coincide with his period of service in Vietnam:

* Consolidation I, 1 July 1971 through 30 November 1971 
* Consolidation II, 1 December 1971 thorugh 29 March 1972 

13.  Army Regulation 600-8-22 (Military Awards) states the VSM is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  Qualifying service also included temporary duty for 30 consecutive days or 60 nonconsecutive days in Vietnam its or contiguous areas, except the time limit may be waived for personnel participating in actual combat operations.  This same regulation states a bronze service star will be awarded for wear on the VSM for participation in each credited campaign.

14.  Army Regulation 600-8-22 provides that the AM 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.

15.  Army Regulation 600-8-22 also provides that Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the AM.  For example, the numeral 2 denotes the second award of the AM.

16.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided guidelines for award of the AM.  It defined the departure point for the award of the AM 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).  

17.  The regulation was clear that these guidelines were considered only a departure point.  Nothing created an entitlement to the award.  To the contrary, the award was limited to individuals whose accomplishments and service for the entire group of missions must reflect meritorious performance throughout, with no instance of nonprofessionalism, mediocrity, or failure to display an offensive spirit.  The individual must not have caused, either directly or indirectly, an aircraft abort, late take-off, accident or incident.  The individual must have continuously demonstrated a high degree of air discipline.  The individual’s performance of duty must have been clearly exceptional in every respect during the period for which recommended.  There was no provision for making the award simply because an aircraft was struck by enemy fire.  

DISCUSSION AND CONCLUSIONS:

1.  Permanent Orders 163-22 awarded the applicant the AM with the Numeral "5" for the period 23 March through 2 November 1971 based on guidance outlined in Army Regulation 672-5-1.  

2.  Although he provides copies of his flight records which show he performed over 100 missions and recorded 462 hours of flight time, he has not provided sufficient evidence to show the category level for these missions.  Without sufficient evidence to show otherwise, he is entitled to have the AM with the Numeral "5" added to his DD Form 214. 

3.  Based on his service in Vietnam, he is entitled to award of the VSM with two bronze service stars and to have this award added to his DD Form 214. 

4.  The evidence of record confirms he served honorably during the period 
23 December 1969 through 22 September 1972.  He received all "excellent" conduct and efficiency ratings throughout his military service.  Based on his overall record of service, it would be appropriate to award him the first award of the AGCM and to correct his records to reflect this award.

5.  General orders awarded his units two awards of the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, it would be appropriate to correct his records to show these unit awards.



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 AGCM (First Award) for the period 23 December 1969 through 22 September 1972; and 

b.  adding to his DD Form 214 the:

* AM with Numeral 5
* AGCM (1st Award)
* RVN Gallantry Cross with Palm Unit Citation (2nd Award)
* RVN Civil Actions Honor Medal First Class Unit Citation 
* VSM with two bronze service stars



      __________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)                                         AR20110010066





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ABCMR Record of Proceedings (cont)                                         AR20110010066



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