IN THE CASE OF:	  

		BOARD DATE:	  8 December 2011

		DOCKET NUMBER:  AR20110012094 


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, in effect, award of the Air Medal with Numeral 44.

2.  He states that for every 25 hours of combat flight time, one Air Medal should have been awarded.  He had a total of 1,102 hours of combat flight time and should have been awarded the Air Medal with Numeral 44.

3.  He provides copies of thirteen DA Forms 759-1 (Individual Flight Record and Flight Certificate – Army – Part II), dated 1969.

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 military records show he enlisted in the Regular Army on 27 June 1968 for 3 years.  He completed basic combat and advanced individual training and he was awarded military occupational specialty 67N (Helicopter Repairman).  He served in Vietnam from 18 December 1968 through 1970.

3.  His records contain the following general orders pertaining to the Air Medal:

	a.  General Orders Number 221, issued by Headquarters, 44th Medical Brigade, dated 11 March 1969, awarding him the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam from 9 to 26 January 1969; and

	b.  General Orders Number 708, issued by Headquarters, U.S. Army Medical Command-Vietnam, dated 15 April 1970, awarding him the Air Medal with 1st Oak Leaf Cluster (OLC) with "V" Device for heroism in aerial flight in the Republic of Vietnam on 9 October 1969.

4.  He provides thirteen DA Forms 759-1 which show he completed 1,102 hours of flying time from January 1969 through January 1970.

5.  There are no orders or citations in his records awarding him the Air Medal with 43 OLC's or evidence of record that supports his request for those awards during his period of service.

6.  He was honorably released from active duty on 25 June 1971 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement).

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the following:

* National Defense Service Medal
* Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal with three bronze service stars
* Air Medal with 1st OLC
* Aircraft Crewman's Badge
* Meritorious Unit Citation with 1st OLC

8.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) lists the following:

* Vietnam Service Medal
* Air Medal
* Air Medal with 1st OLC with "V" Device
* Vietnam Campaign Medal with Device (1960)
* three overseas service bars
* Aircraft Crewman's Badge
* Meritorious Unit Citation with 1st OLC

9.  On 20 May 2009, he was issued a DD Form 215 (Correction to DD Form 214) deleting the Vietnam Service Medal with three bronze service stars from item 24 of his DD Form 214 and adding the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and Vietnam Service Medal with four bronze service stars.

10.  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.  The award is primarily intended for personnel on flying status, but will also be awarded to those personnel whose combat duties requires 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 are required.

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

12.  U.S. Army Vietnam Regulation 672-1 further stated that:

	a.  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.  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.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of record and no sufficient evidence was provided by the applicant to show he completed a minimum of 25 category I missions, 50 category II missions, or 100 category III missions for award of the Air Medal with Numerals 3 through 44 and/or the addition of the Air Medal with Numeral 44 to his DD Form 214.

2.  Pertinent regulations show that formal recommendations, approval through the chain of command, and announcement in orders are required for award of the Air Medal.  His service record only contains orders awarding him the Air Medal with 1st OLC with "V" Device.  There is no indication he was recommended for awarded any additional Air Medals during his period of service.

3.  The documents provided by the applicant were considered.  However, the overall merits of the case, including the submissions, are insufficient as a basis to grant his request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  _____X___  ____X____  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ____________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)                                         AR20110012094



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ABCMR Record of Proceedings (cont)                                         AR20110012094


   
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