IN THE CASE OF:	  

		BOARD DATE:	  5 September 2013

		DOCKET NUMBER:  AR20130001262 


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) to show additional awards of the Air Medal (AM), expert qualification with the bayonet, completion of Pacific Air Force (PACAF) Life Support School with Para-Sail Qualification, and Sea Survival School.

2.  The applicant states the period between 15 March to 28 March 1969 were missed in regard to his AM authorization; however, this does not affect his total of 587.9 total recorded hours flown.  The AM he received covered his first 50 combat reconnaissance hours of flight time.  He had a total of 587.9 hours of combat flight time for which any remaining awards were never received by him.  At the time of his departure his battalion informed him that they had his flight records and would forward additional awards due him.  He retained a copy of his flight records upon his departure from the 245th Aviation Company where he flew as an observer aboard the OV-1 Mohawk surveillance aircraft.  In addition to the hours reflected on the DD Form 759-1 (Individual Flight Record and Flight Certificate - Army) he submits he flew another 100-150 hours for which he does not have the records.

	a.  He qualified expert with the bayonet during basic training.

	b.  He submits a certificate showing he completed PACAF Life Support School with Para-Sail Qualification.  Sea Survival School was conducted by the U.S. Air Force in Okinawa for certain members of U.S. Army aircrews. 


3.  The applicant provides: 

* Special Orders Number 41
* General Orders Number 3512 (AM) with citation and certificate
* DA Form 759-1
* Air Force Form 1256 (Certificate of Training)
* DA Form 137 (Installation Clearance Record)
* DA Form 2962 (Security Termination Statement and Debriefing Certificate)
* DD Form 214
* DA Form 20 (Enlisted Qualification Record)

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.  On 15 January 1968, the applicant enlisted in the Regular Army.  He completed training, was awarded military occupational specialty 17L (Airborne Sensor Specialist), and was promoted to pay grade E-5.

3.  His DA Form 20 shows in: 

* item 31 (Foreign Service) he was credited with service in Vietnam from 8 October 1968 through 17 August 1970
* item 38 (Record of Assignments) he was assigned to the 245th Aviation Company (Surveillance Airplane) performing duties as an aerial sensor operator during the period 16 October 1968 to 27 June 1970
* item 38 he was assigned to Headquarters and Headquarters Company, 212th Aviation Battalion, performing duties as an airborne sensor specialist during the period 28 June 1970 to 19 August 1970
* item 38 he received all "excellent" conduct and efficiency ratings throughout his service

4.  His records contain:

	a.  Special Orders Number 41, issued by Headquarters, Third Basic Combat Training Brigade, dated 4 March 1968, showing he qualified expert with the bayonet on 1 March 1968.

	b.  General Orders Number 3512, issued by Headquarters, 1st Aviation Brigade, dated 23 July 1969, awarding him the AM for meritorious achievement while participating in aerial flight during the period 29 March to 23 April 1969.  The AM Citation states he actively participated in more than 25 aerial missions over hostile territory in support of operations against communist aggression.

	c.  Letter Orders Number 8-154, issued by Headquarters, 212th Combat Aviation Battalion, dated 25 August 1969, showing he was placed on temporary duty (TDY) to attend the PACAF Life Support School, Kadena Air Force Base, Okinawa for approximately 10 days.

	d.  General Orders Number 2076, issued by Headquarters, 1st Aviation Brigade, dated 3 April 1970, awarded him a second Army Commendation Medal (ARCOM) for meritorious service in connection with military operations against a hostile force from October 1969 to April 1970.

5.  He submits an Air Force Form 1256 showing he successfully completed PACAF Life Support School on 19 September 1969.  The certificate has "PARA-SAIL" stamped in the lower right corner.

6.  He provides DA Forms 759-1 covering the period March 1969 to May 1970.  These forms show that subsequent to 23 April 1969 and prior to his departure from Vietnam in August 1970, he accrued missions and hours as follows:


Missions - Mission ID
Hours
24-30 April 1969
5 - Combat
18.2
2-30 May 1969
21 - Combat
70.1
1-28 June 1969
21 - Combat
64.1
1-31 July 1969
18 - Combat
57.4
1-30 August 1969
16 - Combat
45.9
2-24 September 1969
8 - Combat
21.6
1-2 October 1969
2 - Combat
  4.8
20-30 November 1969
5 - Combat
10.0
1-30 December 1969
15 - Combat
48.8
1-31 January 1970
16 - Combat
48.3
1-27 February 1970
14 - Combat
41.9
6-30 March 1970
12 - Combat
34.0
4-30 April 1970
14 - Combat
29.0
1-12 May 1970
9 - Combat
21.4
Total
176 - Combat
515.5
7.  He also provides an undated AM Eligibility Worksheet with handwritten entries containing his last name on the form.

8.  He was honorably released from active duty on 19 August 1970.  He completed a total of 2 years, 7 months, and 5 days of creditable active service.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Republic of Vietnam (RVN) Campaign Medal with 1960 Device
* Vietnam Service Medal (VSM)
* ARCOM
* AM
* Marksman Marksmanship Qualification Badge with Rifle Bar

9.  It does not show he completed the PACAF Life Support School.

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 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 for additional awards of the AM beyond the basic award.

12.  Review of the applicant's record indicates additional awards not shown on his DD Form 214.  

13.  His records are void of any orders or other documents that indicate he was ever recommended for or awarded the first award of the Army Good Conduct Medal (AGCM) by proper authority.  His DA Form 20 shows all "excellent" conduct and efficiency ratings.  There are no adverse actions recorded in the available records and no disqualification by his chain of command.

14.  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
C
Combat Mission
F
Maintenance Flight
S
Service Mission
T
Training Flight
X 
Experimental Test Flight
15.  Army Regulation 672-5-1 (Military Awards), in effect at the time, required that the enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial throughout a qualifying period of service for award of the AGCM.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service of less than 3 years but more than 1 year.

16.  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.

17.  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.  

18.  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.

19.  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.

20.  Appendix B of Army Regulation 600-8-22 shows the campaigns for Vietnam.  During the applicant's tour of duty in Vietnam he participated in the following seven campaigns.  This same regulation states that a bronze service star will be awarded for wear on the VSM for participation in each campaign.  A silver service star is awarded in place of five bronze service stars.

* Vietnam Counteroffensive Phase V (1 July-1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969)
* Tet 69 Counteroffensive (23 February-8 June 1969)
* Vietnam Summer-Fall 1969 (9 June 1969-31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969-30 April 1970)
* DA Sanctuary Counteroffensive (1 May-30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970-30 June 1971)
21.  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 Headquarters and Headquarters Company, 212th Aviation Battalion, was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 1 January 1969 to 30 September 1970 by Department of the Army General Order Number 6, dated 1974.

22.  Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for the preparation of the DD Form 214.  It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It provided for entering service schools, including dates and major courses which were completed successfully during the period covered by the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant indicated he believes he is authorized additional AMs.  The record shows he was awarded the basic AM for actively participating in more than 25 aerial missions over hostile territory during the period 29 March to 23 April 1969.  Based on the recorded number of flights during that period it is presumed the flights earlier in the month of March should have been included in that award.  His DA Forms 759-1 show he participated in 176 combat missions totaling 515.5 hours subsequent to the above award of the AM.  The undated AM Eligibility Worksheet with handwritten entries does not provide sufficient data on which to award additional AMs.  However, the initial AM was based on 25 category I missions and the DA Forms 759-1 show the 176 missions were all combat missions.  Therefore, it would be appropriate to award him an additional seven AMs (176 total missions divided by 25) by correcting his records to show the AM (8th Award) for the period 24 April 1969 to 12 May 1970.  It would also be appropriate to amend his final DD Form 214 to show the AM with Numeral 8.  

2.  Special Orders Number 41 show he qualified expert with the bayonet.  Therefore, he is entitled to have his DD Form 214 corrected to show Expert Marksmanship Qualification Badge with Bayonet Bar.

3.  General Orders Number 2076 awarded him a second ARCOM.  Therefore, he is entitled to have his DD Form 214 corrected to show the ARCOM (2nd Award).

4.  He completed a period of qualifying service ending with the termination of a period of Federal military service.  He also had "excellent" conduct and efficiency ratings throughout his tenure of service.  There is no record of any disciplinary action taken against the applicant or disqualification by his chain of command.  The fact he achieved the grade of E-5 and received two awards of the ARCOM depicts his actions and service as honorable.  Therefore, it would be appropriate to award him the ACGM (1st Award) for the period 15 January 1968 through 
19 August 1970 and to add this award to his DD Form 214.

5.  The available records show he was awarded the VSM.  Additionally, evidence shows he participated in seven campaigns while serving in Vietnam.  Therefore, he is entitled to award of one silver service star and two bronze service stars to be affixed to his previously-awarded VSM.

6.  Evidence shows the applicant's unit was cited for award of the RVN Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

7.  The PACAF Life Support School Certificate of Training he provides shows he successfully completed this training in September 1969.  Therefore, he is entitled to correction of his DD Form 214 to show this completed training.  However, there is no regulatory provision for entering "Para-Sail Qualification" on the DD Form 214.

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

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  __X______  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined 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 (8th Award) for the period 24 April 1969 to 12 May 1970;

	b.  awarding him the AGCM (1st Award) for the period 15 January 1968 through 19 August 1970;

	c.  deleting the VSM from his DD Form 214;

	d.  adding to his DD Form 214 the following awards:

* AM with Numeral 8
* VSM with one silver service star and two bronze service stars
* AGCM (1st Award)
* RVN Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Bayonet Bar; and 

	e.  adding to item 25 (Education and Training Completed) of his DD Form 214, "PACAF Life Support School, September 1969."

2.  The Board 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 DD Form 214 to show para-sail qualification.


      _______ _   __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)                                         AR20130001262



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ABCMR Record of Proceedings (cont)                                         AR20130001262



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