IN THE CASE OF:	  

		BOARD DATE:	    8 March 2012

		DOCKET NUMBER:  AR20110017139 


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 award of an appropriate number of Air Medals that corresponds with the combat hours he flew. 

2.  The applicant states the Air Medals in his records are the initial award and subsequent awards for valor.  Air Medals were awarded for each 25 hours of flying time recorded as combat.  Based the requirement and the hours recorded, his record should reflect 31 additional Air Medals.

3.  The applicant provides one DA Form 759 (Individual Flight Record and Flight Certificate - Army) and 11 DA Forms 759-1 (Individual Flight Record and Flight Certificate - Army (Part II)).

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.  After having had prior service, the applicant entered active duty as a commissioned officer on 5 December 1966.  He held various military specialties including 15A (Aviation) and 11A (Infantry).  He served in a variety of stateside and overseas tours including two tours in Vietnam.  His last assignment was at Fort McPherson, GA.  The highest rank/grade he attained while serving on active duty was lieutenant colonel/O-5.

3.  His records show he was served in Vietnam with Company C, 2nd Battalion, 503rd Infantry, 173 Airborne Brigade, from 2 May to 19 November 1967, and with the 334th Aviation Company (Attack Helicopter), from 5 August 1969 to 1 August 1970.

4.  He was honorably retired for length of service on 31 March 1986.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Certificate of Release of Discharge from Active Duty) shows the:

* Silver Star (2nd Award)
* Legion of Merit
* Distinguished Flying Cross (3rd Award)
* Bronze Star Medal (2nd Award) and "V" Device
* Meritorious Service Medal (2nd Award)
* Air Medal (2nd Award) and "V" Device
* Army Commendation Medal (3rd Award) and "V" Device
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Presidential Unit Citation
* Vietnam Service Medal with six bronze service stars
* Armed Forces Reserve Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Combat Infantryman Badge
* Expert Infantryman Badge
* Parachutist Badge
* Army Aviator Badge
* Pathfinder Badge
* Overseas Service Ribbon 

5.  On 10 January 2010, he was issued a DD Form 215 (Correction to DD Form 214) that added award of the Purple Heart.

6.  During his service in Vietnam, he completed the following combat missions, shown on various DA Forms 759-1:

Month/Year
Monthly Combat Hours
July 1969
No flights performed
August 1969
79 combat hours
September 1969
76 combat hours
October 1969
63 combat hours
November 1969
83 combat hours
December 1969
102 combat hours
January 1970
77 combat hours
February 1970
54 combat hours
March 1970
97 combat hours
April 1970
73 combat hours
May 1970
56 combat hours
June 1970
41 combat hours
Total combat hours
801 combat hours
7.  His DA Form 759 for the period from July 1969 to June 1970 shows completion of 164 flight hours as an aircraft commander; 453 flight hours as a first pilot; 195 flight hours as a copilot; and 211 flight hours as a military student pilot, for a total of 1,023 flight hours, of which 812 flight hours was designated as pilot combat time. 

8.  Army Regulation 600-8-22 (Military Awards) states 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 are required.  The version of the regulation in effect at the time the applicant served stated that an Oak Leaf Cluster would be awarded to denote the second and subsequent awards of the Air Medal.  However, the regulation currently in effect provides that Arabic numerals are now 


used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The numeral 2 denotes the second award of the Air Medal.

9.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided, in pertinent part, guidelines for award of the Air Medal.  It established 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.  

10.  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.

11.  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 time and adjust it to a common denominator.

12.  Army Regulation 95-1 (Flight Regulation) covers aircraft operations, crew requirements, and flight rules.  The regulation specifies that each crew member must present his or her individual flight records to the unit of assignment.  The flying experience and qualification data for each rated crew member and flight surgeon in aviation service and each non-rated crew member will be documented on several forms among which are the DA Form 759 and the DA Form 759-1.  The "Mission Data" column on the DA Form 759-1 lists a single character for the mission identification (ID).  During the Vietnam War, the following Mission IDs were used:

Mission Symbol
Service Missions
A
Acceptance Test Flight
F
Maintenance Flight
S
Service Mission
T
Training Flight
X 
Experimental Test Flight
C
Combat Mission
13.  A review of his records indicates his entitlement to additional awards which are not listed on his DD Form 214.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that:

	a.  during his service with the Company C, 2nd Battalion, 503rd Infantry, 173rd Airborne Brigade, from 2 May 1967 to 19 November 1967, his unit was awarded the:

* Meritorious Unit Commendation for service from 5 May 1965 to 4 May 1967, based on DA General Orders (DAGO) Number 48, dated 1968
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 5 May 1965 to 26 September 1970, based on DAGO Number 51, dated 1971

	b.  during his service with the 334th Aviation Company (Attack Helicopter) from 5 August 1969 to 1 August 1970, his unit was awarded the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 15 December 1969 to 10 October 1970, based on DAGO Number 52, dated 1971

15.  Department of the Army Pamphlet 672-3 states not more than one Republic of Vietnam Gallantry Cross 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.  However, in the case of duplicate awards covering the same period of time only one award will be recorded in official military and historical records.



16.  Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with 
participating in.  A silver service star is authorized in lieu of five bronze service stars to be worn on the appropriate campaign medal.  

17.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

18.  Army Regulation 635-5 (Separation Documents), in effect at the time prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  It stated that for item 13 enter all decorations, service medals, campaign credit, and badges awarded or authorized, omitting authorities cited therein.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in Vietnam as a pilot from 5 August 1969 to 1 August 1970 and he completed an unknown number of combat missions.  

	a.  His DA Form 795 shows he completed 812 combat hours; 

	b.  Under USARV Regulation 672-1, aircrew members were required to have a minimum of 25 category I missions and 25 flight hours to qualify for each award of the Air Medal.  Since he was a helicopter pilot in an attack helicopter unit in Vietnam it is reasonable to presume that his combat missions were category I missions;

	c.  He completed 812 category I flight hours and already received one award of the Air Medal.  Therefore, he should receive 31 additional awards of the Air Medal based on his combat hours by subtracting 25 hours from his total combat hours to account for his already-awarded Air Medal, and based on the remainder of his combat missions (812 minus 25 equals 787 divided by 25 equals 
31 category I flight hours); and 


	d.  The initial award of the Air Medal and the award of the Air Medal with “V” Device plus the additional 31 awards of the Air Medal entitles him to a total of 
32 awards of the Air Medal, and one with "V" Device.

2.  General orders awarded his units in Vietnam the Meritorious Unit Commendation and two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  He is entitled to correction of his records to show these unit awards.

3.  The evidence of record shows he was awarded the Vietnam Service Medal with six bronze service stars.  As a matter of clarity, his DD Form 214 should be corrected to show the Vietnam Service Medal with one silver service star and one bronze service star.

4.  The evidence of record shows he served a qualifying period of service for award of the Republic of Vietnam Campaign Medal with Device (1960) and he is entitled to correction of his DD Form 214 to show it.

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:

* awarding him the Air Medal (32nd Award) for the period August 1969 through June 1970
* deleting from item 13 of his DD Form 214 all entries related to the Air Medal and Vietnam Service Medal
* adding to his DD Form 214 the:

* Air Medal (32nd Award) and "V" Device
* Vietnam Service Medal with one silver and one bronze service star
* Meritorious Unit Commendation
* Republic of Vietnam Campaign Medal with "1960" Device
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)



      _______ _ 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)                                         AR20110017139



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ABCMR Record of Proceedings (cont)                                         AR20110017139



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