BOARD DATE:   18 April 2012

		DOCKET NUMBER:  AR20110020961


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 award of Air Medals, unit awards, Vietnam Service Medal and other awards for his service in Vietnam.  His DD Form 214 only shows the National Defense Service Medal and the Expert Marksmanship Qualification Badge with Rifle Bar.

2.  The applicant states he was a member of the Kansas National Guard that had been called to active duty I May 1968.  He served as a Cobra pilot with the 
235th Aviation Company in Vietnam from August to December 1969, and had over 400 hours of combat flight time.  On 28 December 1969, he was sent home for 30 days of emergency leave and during that time the Army began to release the Guard from active duty status.  While home on the emergency leave, he was reassigned from his unit in Vietnam to Fort Leavenworth, KS, for separation from active duty.  His DD Form 214 was never updated to show his awards and decorations.

3.  The applicant provides copies of his DD Form 214 and DA Form 759 (Individual Flight Record and Flight Certificate – Army) (Part I) and DA Forms 
759-1 (Individual Flight Record and Flight Certificate – Army) (Part II) for the period August through December 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 is a retired Army National Guard of the United States (ARNGUS) chief warrant officer 3/W-3.  He served on active duty as a first lieutenant/O-2, Aviator, from 13 May 1968 to 9 February 1970.

3.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows in item 9 (Awards, Decorations, and Campaigns) the National Defense Service Medal, Army Aviation Badge, Army Reserve Components Achievement Medal (740208), Armed Forces Reserve Medal (731217), Army Service Ribbon, Expert Marksmanship Qualification Badge with Pistol Bar (870718), and the Vietnam Summer-Fall 1969 and Vietnam Winter-Spring 1970 campaigns.

4.  His DD Form 214 shows he was honorably released from active duty on 
9 February 1970, and he was transferred to the ARNGUS of Kansas.

	a.  He completed 1 year, 8 months, and 27 days of active service.

	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar.

	c.  item 30 (Remarks) shows "Vietnam service during current tour of duty: 
1 August 1969 through 28 December 1969."

5.  A review of the applicant's military personnel records failed to reveal any evidence that he was recommended for, or awarded, the Air Medal.

6.  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 orders for the Air Medal pertaining to the applicant.

7.  The applicant provided copies of his flight records showing that between August and December 1969 he completed 105 combat missions and 417 hours of flight time 

8.  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.  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.  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 (USARV) Regulation 672-1 (Decorations and Awards) provided guidelines for award of the Air Medal.  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.  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.  

	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.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam.  This pamphlet shows the 235th Aviation Company was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 15 December 1969 through 10 October 1970 by Department of the Army General Orders Number 52, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his records should be corrected to show he was awarded Air Medals, the Vietnam Service Medal, and other medals for which he may be eligible for his service in Vietnam. 

2.  He provided copies of his flight records showing he completed 105 combat missions and 417 hours of flight time during the period August through December 1969.  He should be awarded the Air Medal with numeral "16".

2.  His DA Form 2-1 shows he was awarded the Army Aviation Badge, Vietnam Service Medal, Army Service Ribbon and he participated in two campaigns while in Vietnam during the period covered by the DD Form 214.

4.  During the applicant's assignment to his unit in Vietnam, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

5.  His DD Form 214 should be corrected to show these awards.

BOARD VOTE:

____x_  __x______  __x______  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 the applicant the Air Medal with numeral “16”, for meritorious achievement while participating in aerial flight in the Republic of Vietnam for the period August through December 1969.

	b.  adding to item 24 of his DD Form 214 the:

* Air Medal with numeral "16"
* Army Aviation Badge
* Army Service Ribbon
* Vietnam Service Medal with 2 bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 




      ___________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)                                         AR20110012078



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ABCMR Record of Proceedings (cont)                                         AR20110020961



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