IN THE CASE OF:	  

		BOARD DATE:	    20 December 2012

		DOCKET NUMBER:  AR20120010720 


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, in effect:

	a.  the Army Commendation Medal (ARCOM) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge);    

	b.  the dates of service on his orders for the Air Medal (2nd Award) with "V" Device and the Air Medal (13th Award) with "V" Device be corrected; and

	c.  he be awarded additional awards of the Air Medal.

2.  The applicant states, in effect:

a. he found orders for the ARCOM but it is not listed on his DD Form 214.

	b.  he received the Air Medal (2nd Award) with "V" Device for heroism on       6 September 1971 and he received the Air Medal (13th Award) with "V" Device for heroism on 4 September 1971.  The dates seem to be "out of place" because they are just two days apart.

	c.  his total number of flight hours he has recorded is 316 for the period 1971 to 1972 but Army records indicate he had an additional 9 hours for a total of 325 hours.  Using the formula of 25 combat hours per each award of the Air Medal, when he received the Air Medal (13th Award) for heroism on 4 September 1971 he had 325 flight hours.  His records indicate he accrued an additional 103 hours during the period September 1971 to January 1972.     
3.  The applicant provides:

* orders for the Air Medal (2nd Award) with "V" Device and Air Medal 
      (13th Award) with "V" Device
* orders for the ARCOM
* DD Form 214

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 enlisted in the Regular Army on 30 September 1969 for a period of 3 years.  He served as a light weapons infantryman assigned to Troop A, 7th Squadron, 1st Air Cavalry in Vietnam from 15 March 1971 to 30 January 1972.  On 2 February 1972, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.    

3.  His DD Form 214 shows he was awarded the:

* National Defense Service Medal
* Air Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Purple Heart
* Vietnam Service Medal with two bronze service stars  

4.  Orders, dated 29 June 1971, show he received the basic award of the Air Medal for the period 30 April 1971 to 3 May 1971.

5.  Orders, dated 7 January 1972, show he received the Air Medal (2nd Award) with "V" Device for heroism on 6 September 1971 in Vietnam. 


6.  Orders, dated 1 March 1972, show he received the Air Medal (3rd Award through 12th Award) for the period 5 May 1971 to 18 January 1972.

7.  Orders, dated 13 March 1972, show he received the ARCOM.

8.  Orders, dated 9 May 1972, show he received the Air Medal (13th Award) with "V" Device for heroism on 4 September 1971 in Vietnam. 

9.  His flight records/hours are not available.

10.  There are no orders for any additional awards of the Air Medal in the available records.

11.  Department of Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

12.  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.  

13.  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.

14.  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.

15.  Army Regulation 600-8-22 (Military Awards) states the bronze “V” Device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with awards of the Air Medal.  Although more than one award of the Air Medal may be made for heroism to the same person, only one “V” Device may be worn on awards of these medals.

16.  Army Regulation 600-8-22 states 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.

DISCUSSION AND CONCLUSIONS:

1.  Orders show he received the ARCOM.  His DD Form 214 should be corrected to show this medal.

2.  He requests the dates of service on his orders for the Air Medal (2nd Award) with "V" Device for heroism on 6 September 1971 and the Air Medal (13th Award) with "V" Device for heroism on 4 September 1971 be corrected because the dates of service for these awards are just two days apart.  For whatever reason it appears the recommendation for the Air Medal (13th Award) with "V" Device for heroism on 4 September 1971 wasn't initiated and/or finalized until May 1972.  In the meantime, he accumulated flying time for the normal award of the Air Medal (which doesn't require the staffing an Air Medal with "V" Device requires and therefore would be processed more quickly).  Therefore, there is insufficient evidence on which to amend the dates of service on these orders.  

3.  He implies he is eligible for additional awards of the Air Medal since, using the formula of 25 combat flight hours per each Air Medal, he had 325 combat hours on 4 September 1971 when he received his 13th award of the Air Medal and he accrued an additional 103 hours during the period September 1971 to January 1972.  However, orders show he received 12 awards of the Air Medal for the period 30 April 1971 to 18 January 1972.  There are no orders for additional awards of the Air Medal.  Therefore, there is insufficient evidence on which to base additional awards of the Air Medal.  

4.  His DD Form 214 shows the Air Medal as an authorized award.  However, orders show he received the Air Medal (13th Award) with "V" Device.  His DD Form 214 should be corrected to show the Air Medal with Numeral 13 with "V" Device.

5.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam.  The applicant served in Vietnam during a qualifying period and is eligible for this award.  His DD Form 214 should be corrected to show this unit award.

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 entry "AIR MEDAL" from his DD Form 214; and 

	b.  adding the ARCOM, Air Medal with Numeral 13 and with "V" Device, and Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214.
 
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 amending his dates of service on his Air Medal orders or awarding him additional awards of the Air Medal.  


      _______ _   __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)                                         AR20120010720





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ABCMR Record of Proceedings (cont)                                         AR20120010720



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