IN THE CASE OF:	  

		BOARD DATE:	  11 September 2012

		DOCKET NUMBER:  AR20120003720 


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 and any other awards and decorations he may have earned. 

2.  The applicant states based on his flight record, he completed at least 300 more flight hours in Vietnam. 

3.  The applicant did not provide any evidence. 

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.  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
3.  The applicant's records show he was appointed as a Reserve commissioned officer of the Army and executed an Oath of Office on 14 August 1953.

4.  On 15 September 1953, he entered active duty and served in a variety of stateside or overseas assignments.  He attained the rank of lieutenant colonel (LTC).  His service overseas included:

* France, from 12 October 1960 to 6 September 1963
* Vietnam, from 16 August 1965 to 8 August 1966 (Headquarters and Headquarters Company, 11th Aviation Group, 1st Cavalry Division)
* Germany, from 28 August 1969 to 19 June 1972
* Korea, from 1 August 1972 to 31 July 1973

5.  He was honorably retired on 30 June 1975 and placed on the retired list in his retired rank of LTC on 1 July 1975.  His DD Form 214 (Report of Separation from Active Duty) shows the:

* Meritorious Service Medal (1st Oak Leaf Cluster)
* National Defense Service Medal (1st Oak Leaf Cluster)
* Master Army Aviator Badge
* Army Commendation Medal (1st Oak Leaf Cluster)
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal
* Air Medal (1st Oak Leaf Cluster) 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Two Overseas Service Bars
* Presidential Unit Citation
6.  During his service in Vietnam from 16 August 1965 to 8 August 1966, Headquarters, 1st Cavalry Division published the following general orders (GO):

* GO Number 851, dated 23 March 1966, awarding him the Air Medal, for achievement from 7 October 1965 to 6 February 1966
* GO Number 55, dated 28 July 1966, awarding him the Air Medal (1st Oak Leaf Cluster) for achievement from 7 February to 20 April 1966

7.  Also during his service in Vietnam he completed various combat missions.  His DA Form 759 (Individual Flight Record - Army Aviator) shows the following entries with respect to flight time (but it does not show the Mission IDs): 

Month/Year
Hours Flown
August 1965
0
September 1965
0
October 1965
17.4
November 1965
3.3
December 1965
6.8
January 1966
11
February 1966
19.7
March 1966
40.4
April 1966
45.4
May 1966
25.2
June 1966
30
July 1966
14.3
Total Flying Hours
213.5
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 600-8-22 also prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  Only one award of the Korea Defense Service Medal is authorized for any individual.

	b.  Appendix B of Army Regulation 600-8-22 shows that during his service in Vietnam participation credit was awarded for the campaigns below. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign:
* Vietnam Defense Campaign 8 March - 24 December 1965
* Vietnamese Counteroffensive 25 December 1965 - 30 June 1966
* Vietnamese Counteroffensive Phase 1 July 1966 - 31 May 1967

13.  Special Orders Number 24, issued by Headquarters, 37th Air Transport Battalion, Fort Benning, GA, dated 1 March 1965, awarded him the Sharpshooter Marksmanship Qualification Badge with Pistol Bar.

DISCUSSION AND CONCLUSIONS:

1.  With respect to the Air Medal, the applicant served in Vietnam with the 11th Aviation Group, 1st Cavalry Division from 16 August 1965 to 8 August 1966.  He completed 213 combat flying hours.  However, the types of missions are unclear.

	a.  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.

	b.  He was awarded his first Air Medal on 23 March 1966 for achievement from 7 October 1965 to 6 February 1966.  During this period of service he completed nearly 50 hours of flight time.  This suggests he was performing category II missions. 

	c.  He was awarded his second Air Medal on 28 July 1966 for achievement from 7 February 1966 to 20 April 1966.  During this period, he completed nearly 100 hours of flight time.  This suggests he was performing category III missions. 

	d.  He would have completed nearly 60 hours of flight time between 21 April and 6 August 1966 (date departed Vietnam).  In the absence of evidence of the exact type of missions that he completed it is reasonable to presume they were also category II missions during this period.  As such, this would have qualified him for a third award of the Air Medal and correction of his records to show it.  

2.  His service in Korea from August 1972 to July 1973 entitled him to the Korea Defense Service Medal and correction of his DD Form 214 to show this medal.

3.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Pistol Bar which is not shown on his DD Form 214; therefore, he is entitled to correction of this form to show this badge. 




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:

   a.  deleting from his DD Form 214 the Air Medal (1st Oak Leaf Cluster); and
   
   b.  adding the Air Medal (3rd Award), Korea Defense Service Medal, and Sharpshooter Marksmanship Qualification Badge with Pistol Bar 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)                                         AR20120003720



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120003720



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1