IN THE CASE OF:	  

		BOARD DATE:	  9 July 2013

		DOCKET NUMBER:  AR20120016549 


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 issuance of a DD Form 215 (Correction to DD Form 214) adding the following to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge):

* Bronze Star Medal (BSM)
* Air Medal (AM) (23d Award) with "V" Device
* Letter of Commendation

2.  He states he was awarded these decorations and they should have been entered on his DD Form 214.  He states the awards matter when applying for Department of Veterans Affairs benefits.

3.  He provides:

* DD Form 214
* Letter of Commendation and associated documents
* AM Citation
* orders 

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, 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 (Individual Flight Record and Flight Certificate Army) and the DA Form 759-1 (Individual Flight Record and Flight Certificate—Army).  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.  On 28 January 1966, the applicant enlisted in the Regular Army for the Warrant Officer Flight Training Program, which he completed.  On 1 February 1967, he was honorably discharged, and he accepted appointment as a warrant officer the next day and entered active duty.  

4.  His DA Form 66 (Officer Qualification Record) shows he was assigned to duty in the Republic of Vietnam (RVN) with the 18th Aviation Company as a fixed-wing aviator from 7 December 1967 to 28 November 1968.

5.  On 23 January 1968, his commander recommended him for award of the AM.  In the recommendation, his commander stated the applicant had met the required number of missions and hours for award of the AM.  The commander certified that unit flight records substantiated the recommendation.  On 27 January 1968, the deputy battalion commander recommended approval of the award and confirmed that the information in the recommendation had been verified against personnel records.
6.  On 4 February 1968, Headquarters, 1st Aviation Brigade, issued General Orders (GO) Number 510 announcing award of the AM to the applicant for meritorious achievement during the period 11 December 1967 to 14 January 1968.

7.  On 23 September 1968, his commander recommended him for award of oak leaf clusters for wear on the AM for the following periods in 1968:

* 16 January - 16 February (1st oak leaf cluster)
* 17 February - 15 March (2nd oak leaf cluster)
* 16 March - 15 April (3rd oak leaf cluster)
* 16 April - 13 May (4th oak leaf cluster)
* 14 May - 5 June (5th oak leaf cluster
* 6 June - 1 July (6th oak leaf cluster)
* 2 -30 July (7th oak leaf cluster)
* 31 July - 29 August (8th oak leaf cluster)
* 30 August - 21 September (9th oak leaf cluster)

8.  On 24 September 1968, the battalion executive officer (XO) recommended approval of the recommendation and stated the information contained in the recommendation had been verified against personnel records.  The XO stated it was to be the final award of the AM for sustained operations.

9.  Headquarters, 1st Aviation Brigade, issued:

* GO 6967, dated 9 October 1968, announcing award of the AM (First through Ninth Oak Leaf Cluster) to the applicant for the period 16 January to 21 September 1968.
* GO 7095, dated 16 October 1968, announcing award of the BSM to the applicant for meritorious service during the period December 1967 to December 1968
* GO 8051, dated 4 December 1968, announcing award of the AM (Tenth Oak Leaf Cluster) with "V" Device to the applicant for his heroism on 22 July 1968

10.  His record is void of documentation showing he was recommended for or awarded any additional awards of the AM.  

11.  A review of the Awards and Decorations Computer Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal orders for any additional awards of the AM.
12.  DA Forms 759-1 (Individual Flight Record and Flight Certificate - Army) in the applicant's record document show that, subsequent to 21 September 1968 and prior to his departure from the RVN in November 1968, he accrued missions and hours as follows:


Missions - Mission ID
Hours
22-30 September
         10 - Combat
40.1
October
         22 - Combat
88.2
November
         12 - Combat
39.4
Total
         44
167.7
13.  On 10 December 1969, he was honorably released from active duty.  The DD Form 214 issued at that time shows he was awarded or authorized the following:

* Expert Marksmanship Qualification Badge with Rifle Bar and Pistol Bar
* Vietnam Service Medal (VSM) with two bronze service stars
* RVN Campaign Medal with Device (1960)
* Army Aviator Badge
* Army Good Conduct Medal (1st Award)
* two Overseas Service Bars
* National Defense Service Medal

14.  He provides a Letter of Commendation, dated 25 July 1968, from the Commander, 17th Combat Aviation Group, commending him for the outstanding ability he exhibited when landing an aircraft after a partial loss of power on 22 July 1968.  

15.  Army Regulation 600-8-22 (Military Awards) states that the AM 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 an oak leaf cluster would be awarded to denote the second and subsequent awards of the AM.  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 AM.  The numeral 2 denotes the second award of the AM.

16.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided guidelines for award of the AM.  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 AM.  However, the regulation was clear that these guidelines were considered only a departure point.  

17.  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.

18.  To be recommended for award of the AM, 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 AM 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.

19.  Army Regulation 635-5 (Separation Documents) establishes standardized policy for the preparation of the DD Form 214.  It does not provide for listing letters of commendation on the DD Form 214.  

20.  Review of the applicant's record indicates he is entitled to additional awards not shown on his DD Form 214.  

21.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the VSM, for each credited campaign.  A silver service star is worn in lieu of five bronze service stars.  The Vietnam campaigns are listed in appendix B.  His service in Vietnam coincided with five campaigns:  

* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)

22.  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 18th Aviation Company was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 27 March 1967 to 17 May 1968, by Department of the Army GO (DAGO) 21, dated 1969, as amended by DAGO 46, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record partially supports the applicant's request for issuance of a DD Form 215 adding awards to his DD Form 214. 

2.  Letters of commendation are not listed on the DD Form 214.  Regarding this portion of his request, there is no basis for granting relief.

3.  The applicant has indicated he believes he has 23 AMs.  The available evidence does not support this claim.  The record does show he was awarded the AM with 10 Oak Leaf Clusters (Numeral 11 under current policy) and "V" Device.  A review of his record indicates his first 10 awards of the AM were awarded at the approximate rate of one AM per month.  This indicates the awards were based on Category I missions.  

4.  Of note, however, is the fact that the recommendation for his final award of the AM for sustained operations was submitted two months prior to his departure from the RVN.  It is reasonable to presume he continued to perform Category I missions.  Therefore, after the end date of what was to be his final award of the AM, the record indicates he completed sufficient missions and flight hours to be eligible for an additional award of the AM.  It would be appropriate to award him the AM with Numeral 12 for the period 22 September to 28 November 1968.  It would also be appropriate to amend his final DD Form 214 to show the AM with Numeral 12 and "V" Device.  

5.  GO awarded him the BSM.  He is entitled to correction of his final DD Form 214 to show this award.

6.  He participated in five campaigns during his service in the RVN.  He is entitled to correction of his final DD Form 214 to show he is authorized one silver service star for wear on his previously-awarded VSM.

7.  He served in a unit during a period for which it was cited for award of the RVN Gallantry Cross with Palm Unit Citation.  He is entitled to correction of his final DD Form 214 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.  awarding him the AM (12th Award) for the period 22 September to 28 November 1968 and

	b.  issuing him a DD Form 215 amending his final DD Form 214 by – 

		(1)  deleting the VSM and

		(2)  adding the – 

* BSM
* AM with Numeral 12 and "V" Device
* VSM with one silver service star
* RVN Gallantry Cross with Palm Unit Citation






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 23 awards of the AM and the Letter of Commendation.  



      _______ _   _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)                                         AR20120016549





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ABCMR Record of Proceedings (cont)                                         AR20120016549



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