IN THE CASE OF:	  

		BOARD DATE:	  24 January 2013

		DOCKET NUMBER:  AR20120011411 


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) for the period ending
16 December 1970 to show the Air Medal with clusters.

2.  The applicant states his individual flight record show he had 1,456 combat flight hours. 

3.  The applicant provides:

* DA Forms 759 (Individual Flight Record and Flight Certificate)
* Statements from his commanding officer and a fellow Soldier at the time in question
* DD Form 214 for the period ending 16 December 1970
* DD Form 215 (Correction to DD Form 214), dated 1 May 2012
* Correspondence from a Member of Congress

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 24 June 1968 for a period of 
2 years.  He was honorably discharged on 15 June 1969 to accept a warrant officer appointment.

3.  He was appointed as a warrant officer one (WO1)/W-1 on 16 June 1969 in the U.S. Army Reserve (USAR) with concurrent call to active duty.  He served as a helicopter pilot assigned to the 335th Aviation Company in Vietnam from 
25 July 1969 to 19 July 1970.  On 16 December 1970, he was honorably released from active duty in the rank/grade of chief warrant officer two (CW2)/
W-2 and he was transferred to the USAR Control Group (Annual Training) to complete his remaining service obligation.  He completed 1 year and 6 months of net active service this period with 11 months and 22 days of prior enlisted service, for a combined 2 years, 5 months, and 22 days of total active service.

4.  The DD Form 214 he was issued at the time, as corrected by a DD Form 215, dated 1 May 2012, shows he was awarded the:

* Distinguished Flying Cross
* Bronze Star Medal
* Army Commendation Medal
* National Defense Service Medal
* "Vietnam Service Medal with 1 star"
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Aviator Badge 

5.  There are no orders for the Air Medal in the available records.  Additionally, review of review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for any Air Medals pertaining to the applicant.  However, his flight records show he flew 1,456 combat flight hours during the period July 1969 to July 1970.

6.  He provided statements from his former commanding officer and a fellow Soldier at the time in question.  They attest:

* the applicant was a combat helicopter pilot in Vietnam from 1969 to 1970
* he more than qualified for award of the Air Medal
* his flight records indicate he accumulated more than 1,450 hours of combat flying time during his tour in Vietnam

7.  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 335th 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 Order Number 52, dated 1971.

8.  U.S. Army Vietnam (USARV) 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.  

9.  Combat missions were divided into three categories.

	a.  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.

	b.  A category II mission was characterized by support rendered a friendly force immediately before, during or immediately following a combat operation.

	c.  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.

10.  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.
11.  Army Regulation 600-8-22 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.

12.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with this award 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 Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DA Forms 759 shows he flew 1,456 combat flight hours during his assignment in Vietnam that entitles him to 58 awards of the Air Medal.  Therefore, his DD Form 214 should be corrected to show the Air Medal with Numeral 58.

2.  He participated in four campaigns during his service in Vietnam that entitles him to four bronze service stars for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show these bronze service stars.

3.  The applicant's 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.

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 for the period ending 16 December 1970 the Vietnam Service Medal with 1 star, and

	b.  adding to his DD Form 214 for the period ending 16 December 1970 the:

* Air Medal with Numeral 58
* Vietnam Service Medal with four 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)                                         AR20120011411



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ABCMR Record of Proceedings (cont)                                         AR20120011411



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