BOARD DATE:	  25 August 2011

		DOCKET NUMBER:  AR20110012453 


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 additional awards of the Air Medal (AM).

2.  The applicant states he recently discovered at a reunion of his Vietnam assault helicopter company that assault helicopter pilots he served with averaged 15 to 20 awards of the AM for the year they served.  He received only one award of the AM.  He states an archives technician at the National Personnel Records Center (NPRC) said his flight time was in his file showing his combat time.  His three grandchildren should know he did more than just fly resupply missions for the year he served in Vietnam.

3.  The applicant provides the following documents in support of his application:

* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 23 April 1970
* National Guard Bureau Form 22 (Report of Separation and Record of Service), dated 31 October 1991
* NPRC letters, dated 31 December 2010 and 5 November 2010

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 record shows the applicant entered active duty on 24 October 1967 while serving as a member of the U.S. Army Reserve (USAR) as a rotary wing pilot, warrant officer.

3.  The applicant's record shows he served in the Republic of Vietnam (RVN) from 12 November 1967 through 10 November 1968.  Item 9 (Awards and Decorations) of his DA Form 2-1 (Personnel Qualification Record) prepared while he was serving in the USAR on 10 January 1989, which he last reviewed on 16 March 1993, shows he earned one award of the AM.  The assignments documented in item 35 (Record of Assignments) do not list his specific unit in the RVN.  It contains an entry indicating active duty served as an aviator from 24 October 1967 through 23 April 1970.

4.  The applicant's military personnel records jacket contains only two documents dated during the period he served in the RVN.  These documents are the following general orders (GO) issued by Headquarters, Americal Division, authorizing the awards indicated:

* GO Number 243, dated 29 January 1968 – AM for meritorious achievement in flight for the period 22 to 30 November 1967
* GO Number 5902, dated 27 August 1968 – Distinguished Flying Cross (DFC) for heroism while participating in aerial flight in the RVN on 11 March 1968

5.  On 23 April 1970, the applicant was honorably released from active duty in the rank of chief warrant officer three after completing 2 years and 6 months of active service.  The DD Form 214 he was issued shows he earned the following awards in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized):

* Expert Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Pistol Bar
* Vietnam Service Medal (VSM)
* RVN Campaign Medal with Device (1960)
* AM
* DFC
* Army Aviator Badge
* one overseas service bar
* National Defense Service Medal

6.  On 21 May 1996, the applicant was transferred to the Retired Reserve.  On 1 February 2004, he was placed on the Retired List in the grade of chief warrant officer four.

7.  The applicant provides two letters from NPRC, dated 5 November and 31 December 2010.  These letters list the awards the applicant's records showed he earned, which included one award of the AM.  Neither letter referred to flight records or additional awards of the AM.

8.  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 AM orders for the applicant.

9.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 3-16 provides guidance on award of the AM.  It states 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.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

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

11.  U.S. Army Vietnam Regulation 672-1 stated 25 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 AM.  However, the regulation was clear that these guidelines were considered only a departure point.  It further indicated combat missions were divided into the following three categories:

* category 1 – 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
* category II – defined as being characterized by support rendered a friendly force immediately before, during, or immediately following a combat operation
* category III – defined as being 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

12.  U.S. Army Vietnam 672-1 stated that in order to be recommended for award of the AM, 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 AM 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.  Flight records were maintained to documents combat missions completed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to be awarded additional AM's has been carefully considered.  However, the AM must be formally recommended and processed through the chain of command, approved by the proper authority, and announced in official orders.  The applicant's record is void of any documents or orders indicating he was ever recommended for or awarded additional AM's by proper authority during his active duty tenure.

2.  The AM and DFC orders in his file appear to show he served with a combat assault helicopter aviation company and it is likely he participated in sufficient combat air assault missions to qualify for additional awards of the AM.  However, notwithstanding his comment that an archive technician indicated his record contained flight records, there are no flight records or unit reports available in his record and none were provided by the applicant.  Absent flight records confirming his participation in sufficient category I, II, or III flight missions in the RVN to qualify for additional awards of the AM, the regulatory burden of proof necessary to support additional awards of the AM has not been satisfied in this case.  Therefore, it would not be appropriate or serve the interest of all those who served in the RVN and who faced similar circumstances to support granting the requested relief.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__x___  ___x_____  ___x_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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

2.  The applicant and all others concerned should know this action related to award of additional AM's in no way diminishes the sacrifices made by him in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



      __________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)                                         AR20110012453



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ABCMR Record of Proceedings (cont)                                         AR20110012453



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