BOARD DATE:	  8 January 2013

		DOCKET NUMBER:  AR20120010396 


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 records to show multiple awards of the Air Medal and to have this medal and any other awards he is authorized for his service in Vietnam added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  He states he was not awarded the Air Medals for his many flight hours as a door gunner and crew chief on UH-1H Huey helicopters in Vietnam.  He states he was the crew chief/gunner of U.S. Army helicopter UH-1H 68-15751 (Stagecoach 751) with the 155th Assault Helicopter Company at Ban Me Thuot.  He was moved to the 192nd Assault Helicopter Company at Phan Rang in December of 1970 after deactivation of the 155th and became the crew chief/gunner of U.S. Army helicopter UH-1D 66-16093 (Polecat 093).

	a.  He has included the Goldbook information furnished to him by the 192nd Assault Helicopter Company association showing the hours on the two helicopters he crewed during his time in Vietnam.  He states the two aircraft never left the ground without him.  He further states that because the type of flying hours (combat/non-combat) can't be determined based on the internet data that as a minimum he would like to have Air Medals awarded based on one award per 50 flying hours for the 1,020 hours listed on the internet printout.

	b.  He further states that he can obtain affidavits from his former commanding officer, pilots, and crew he flew with attesting to his flight status information he has submitted.  

3.  He provides:

* Special Orders Number 174
* Special Orders Number 257 (Aircraft Crewman Badge, temporary)
* Special Orders Number 266
* Special Orders Number 274
* Special Orders Number 1, Extract
* Special Orders Number 121
* internet printout of information on two helicopters

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.  His military records show he enlisted in the Regular Army on 23 December 1968.  He completed training and he was awarded the military occupational specialty (MOS) of 67M (OH-13/OH-23 Helicopter Repairman).  He was also awarded the MOS of 67N (UH-1 Helicopter Repairman).  The highest rank/grade he held was specialist five/E-5.

3.  His DA Form 20 (Enlisted Qualification Record) shows during his tour of duty in the Republic of Vietnam (RVN) he performed duties as a:

* crew chief and machine gunner while he was assigned to the 155th Aviation Company (Assault Helicopter) during the period 
2 July 1970 to 30 December 1970
* crew chief while he was assigned to the 192nd Aviation Company (Assault Helicopter) during the period 31 December 1970 to 24 May 1971

4.  Item 38 (Awards and Decorations) of his DA Form 20 shows he was authorized the RVN Campaign Medal with Device (1960).

5.  He was honorably released from active duty on 12 November 1971 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve obligation.  He completed 2 years, 10 months, and 18 days of creditable active service.

6.  His DD Form 214 lists the following in Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized):

* National Defense Service Medal
* Vietnam Service Medal with one bronze service star
* Expert Marksmanship Qualification Badge with Rifle Bar
* Overseas service bar
 
7.  The available records are void of any orders or other documents that indicate he was recommended for or awarded the Air Medal by the proper authority.

8.  A review of the Awards and Decorations Computer-Assisted Retrieval System maintained by the Military Awards Branch of the United States Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders awarding him the Air Medal.

9.  His available records contain no flight logs or other documents showing how many or what categories of missions he flew.

10.  He submits internet printouts which show information on two different helicopters.  This information includes flight hours by month and unit in the listed area such as Vietnam and Thailand.  These printouts contain annotations indicating he flew 477 hours on the helicopter (UH-1H 68-15751, Stagecoach 751) with the 155th Assault Helicopter Company and 543 hours on the helicopter (UH-1D 66-16093, Polecat 093) with the 192nd Assault Helicopter Company while serving in the RVN.

11.  Army Regulation 600-8-22 (Military Awards) provides 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.  As with all personal decorations, formal recommendations, approval through the chain of command and announcement in orders is required.

12.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided guidelines for award of the Air Medal.  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.

13.  Appendix B, Army Regulation 600-8-22 shows the campaigns for Vietnam.  During his tour in Vietnam he participated in the DA Sanctuary Counteroffensive (1 May - 30 June 1970) and Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971) campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

14.  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 units to which he was assigned at the time were cited for the RVN Gallantry Cross with Palm Unit Citation for the period 15 October 1965 through 11 January 1971 by Department of the Army General Orders Number 6, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence in his record that he was awarded the Air Medal.  He contends he participated in approximately 1,020 hours of combined flight time on two different helicopters based on an internet printout of information on these two helicopters.  However, this is not official military data.  Furthermore, he has not shown beyond his own statement that he flew all those listed hours.  Regrettably, there are no flight logs or other evidence in the available records and the applicant did not provide any to verify the number or categories of any missions he flew while serving in Vietnam.  As such, there is insufficient evidence upon which to base award of the Air Medal.

2.  He was authorized the Vietnam Service Medal and he participated in two campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show his already-awarded Vietnam Service Medal with two bronze service stars.

3.  His units were awarded the RVN Gallantry Cross with Palm Unit Citation during his service in Vietnam.  Therefore, his DD Form 214 should be corrected to show this unit award.

4.  His record shows he is authorized the RVN Campaign Medal with Device (1960).  Therefore, he is entitled to have this medal added to his DD Form 214.

5.  In view of the foregoing, the applicant's records should be corrected as recommended below.

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 the Vietnam Service Medal with one bronze service star from his DD Form 214, and


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

* Vietnam Service Medal with two bronze service stars
* RVN Gallantry Cross with Palm Unit Citation
* RVN Campaign Medal with Device (1960)

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 adding 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)                                         AR20120010396



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ABCMR Record of Proceedings (cont)                                         AR20120010396



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