IN THE CASE OF:	  

		BOARD DATE:	  9 August 2012

		DOCKET NUMBER:  AR20120002485 


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 the Air Medal with "V" Device.  He also requests additional awards of the Air Medal.  

2.  The applicant states the Air Medal with "V" Device is not shown on his
DD Form 214 and he should receive oak leaf clusters to reflect each of the qualifying 3000 plus flight hours.

3.  The applicant provides:

* A letter from the National Personnel Records Center (NPRC), St. Louis, MO, dated 6 April 2011
* General Orders Number 1726, issued by Headquarters, 1st Aviation Brigade, dated 16 April 1969
* A citation for the Air Medal for the period 14 February to 16 February 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 was inducted into the Army of the United States on 11 September 1968 and he held military occupational specialty 67A (Helicopter Mechanic).  He served in Vietnam with the 175th Aviation Company, 1st Aviation Brigade, from 4 February 1969 to 16 April 1970.

3.  Headquarters, 1st Aviation Brigade, published the following orders pertaining to the applicant:

* General Orders Number 1726, dated 16 April 1969, awarding him the Air Medal with "V" Device for heroism in Vietnam on 23 March 1969
* General Orders Number 1803, dated 21 April 1969, awarding him the Air Medal for meritorious achievement in Vietnam from 14 to 16 February 1969

4.  His records do not contain his flight record or official orders awarding him additional awards of the Air Medal.

5.  He was honorably released from active duty in the rank/grade of specialist five (SP5)/E-5 on 17 April 1970.  His DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal
* Air Medal

6.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows an additional award, the Aircraft Crewman Badge.

7.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified 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. 

8.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It states:

	a.  In paragraph 2-13, a bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following four campaigns:

* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet 69 Counteroffensive, 1969 (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)

	b.  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.

	c.  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.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 175th Aviation Company, 1st Aviation Brigade, 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 DAGO Number 52, dated 1971.

10.  U.S. Army Vietnam Regulation 672-1 provided 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.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Air Medal with "V" Device for heroism on 25 March 1969 and the Air Medal for achievement from 14 to
16 February 1969.  Therefore, he is entitled to correction of his DD Form 214 to show the Air Medal with Numeral "2" and with "V" Device.

2.  There are no general orders available that show the applicant was awarded additional awards of the Air Medal.  His flight record is not available to confirm his flight hours or the number and type of missions.  Additionally, the governing regulation requires a formal recommendation, approval through the chain of command, and announcement in orders for awards of the Air Medal.  In the absence of orders or other independent evidence that would confirm he completed the number of missions necessary to be awarded additional awards of the Air Medal, there is insufficient evidentiary basis for awarding any additional award of the Air Medal in this case.

3.  His DA Form 20 shows he was awarded the Aircraft Crewman Badge which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his
DD Form 214 to show this badge.

4.  His unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his 
DD Form 214 should be corrected to show this unit award.

5.  Records show he was awarded the Vietnam Service Medal.  Additionally, he participated in four campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ____x___  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from his DD Form 214 the Air Medal and the Vietnam Service Medal; and

	b.  adding to his DD Form 214 the:

* Air Medal with Numeral "2" and with "V" Device
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Aircraft Crewman Badge

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to awarding any additional awards of the Air Medal to his DD Form 214.



      ____________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)                                         AR20120002485



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ABCMR Record of Proceedings (cont)                                         AR20120002485



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