IN THE CASE OF:	  

		BOARD DATE:	  19 September 2013

		DOCKET NUMBER:  AR20130002711 


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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending on:

	a.  28 November 1971 to add the Expert Marksmanship Qualification Badge with Rifle Bar (M-16); and

	b.  28 August 1974 to add the:

* Bronze Star Medal
* Air Medal to include subsequent awards
* Army Commendation Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

2.  The applicant also requests the corrected copy of his records be sent to the National Personnel Records Center (NPRC) and the North Carolina Department of Veterans Affairs (VA).

3.  The applicant states, in effect, the above awards were not annotated on his DD Forms 214.

4.  The applicant provides:

* two self-authored statements, dated 28 January and 4 March 2013
* two letters from NPRC, dated 8 November 2012 and 16 January 2013 
* General Orders (GO) Number 3924, dated 27 December 1972
* GO Number 200, dated 1 August 1974
* DA Form 759 (Individual Flight Record and Flight Certificate - Army), dated October - December 1976 and from January - July 1977
* DA Form 759-1 (Individual Flight Record and Flight Certificate - Army), dated December 1972
* DA Form 3595 (Record Fire Scorecard), undated
* DD Form 214 for the period ending 28 August 1974

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 18 September 1970.  He held military occupational specialty 09W00 (Warrant Officer Candidate/Trainee) and the rank/grade of specialist five/E-5.

3.  Special Orders (SO) Number 300, issued by Headquarters, U.S. Army Training Center, Infantry, Fort Polk, LA, dated 2 November 1970, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

4.  SO Number 240, issued by Headquarters, U.S. Army Aviation Center, Fort Rucker, AL, dated 3 September 1971, awarded him the Army Aviator Badge, effective 30 November 1971.

5.  He was honorably discharged on 28 November 1971 to accept an appointment as a warrant officer.  His DD Form 214 shows he completed 1 year, 2 months, and 11 days of net active service and he was awarded or authorized the National Defense Service Medal and Army Good Conduct.

6.  He was appointed as a Reserve warrant officer and entered active duty on 
29 November 1971.  He was assigned to Vietnam from 11 January 1972 to 
8 January 1973 and served with the 60th Attack Helicopter Company.
7.  GO Number 1580, issued by Headquarters, 1st Aviation Brigade, Vietnam, dated 31 May 1972, awarded him the Air Medal for achievement during the period 25 January through 15 February 1972.  These orders list his unit as the 60th Attack Helicopter Company.

8.  GO Number 3924, issued by Headquarters, 1st Aviation Brigade, Vietnam, dated 27 December 1972, awarded him the Bronze Star Medal for service from 11 January 1972 through 10 January 1973.  These orders list his unit as the 60th Attack Helicopter Company.

9.  GO Number 200, issued by Headquarters, U.S. Army Quartermaster Center, Fort Lee, VA, dated 1 August 1974, awarded him the Army Commendation Medal for service from 26 January 1973 through 28 August 1974.

10.  His record contains eight DA Forms 759-1 which cover the period 
26 January to 30 December 1972 and five DA Forms 759 dated between January 1972 to 28 August 1974.  These forms show that during his assignment in Vietnam he completed a total of 200 combat missions and 1,026 pilot combat hours.  

11.  He was honorably released from active duty on 28 August 1974.  His 
DD Form 214 shows he completed 2 years and 9 months of net active service, of which 11 months and 28 days was credited as foreign service.  He was awarded or authorized the:

* National Defense Service Medal
* Army Good Conduct Medal
* Vietnam Service Medal
* Army Aviator Badge
* Republic of Vietnam Campaign Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Air Medal

12.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  Paragraph 2-13 contains the regulatory guidance on the Vietnam Service Medal and 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, participation credit was awarded for the Consolidation II (1 December 1971 to 29 March 1972) and the Vietnam Cease-Fire (30 March 1972 to 28 January 1973) campaigns.

	b.  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, 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 Numeral 2 denotes the second award of the Air Medal.

13.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided, in pertinent part, guidelines for award of the Air Medal.  It established that 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.  

14.  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.

15.  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.

16.  Army Regulation 95-1 (Flight Regulation) covers aircraft operations, 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 and the DA Form 759-1.  The "Mission Data" column on the DA Form 759-1 lists a single character for the mission identification (ID).  

DISCUSSION AND CONCLUSIONS:

1.  SO authorized the applicant award of the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) prior to the issuance of his DD Form 214 ending on 28 November 1971.  Therefore, he is entitled to correction of this DD Form 214 to add this badge.  

2.  With respect to his DD Form 214 for the period ending 28 August 1974:

	a.  SO authorized the applicant the Army Aviator Badge, effective 30 November 1971.  Therefore, he is entitled to correction of this DD Form 214 to add this badge. 

	b.  GO awarded him the Bronze Star Medal and the Army Commendation Medal.  Therefore, he is entitled to correction of this DD Form 214 to add these awards.

	c.  The evidence of record shows he participated in 200 combat missions while serving in Vietnam and he was assigned as an assault helicopter pilot.  As such it is presumed that his combat missions were category 1 missions.  Therefore, he is entitled to 8 awards of the Air Medal and correction of his 
DD Form 214 to show the Air Medal (1st - 8th Award).

	d.  The evidence of record shows he participated in two campaigns while serving in Vietnam.  Therefore, he is entitled to correction of this DD Form 214 to add two bronze service stars to his previously-awarded Vietnam Service Medal.

	e.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation is already listed on this DD Form 214.  Therefore, there is no further correction needed or required.

3.  A copy of the corrected record will be placed in his service record which is located at NPRC.  Furthermore, the applicant is advised to provide the North Carolina Department of Veterans Affairs a copy of his corrected record.




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.  adding to his DD Form 214 for the period ending 28 November 1971 the Expert Marksmanship Qualification Badge with Rifle Bar (M-16); and 

	b.  deleting from his DD Form 214 for the period ending on 28 August 1974 the Air Medal and Vietnam Service Medal and adding the: 

* Bronze Star Medal 
* Army Commendation Medal
* Air Medal (1st - 8th Award)
* Vietnam Service Medal with two bronze service stars
* Army Aviator Badge



      _______ _   _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)                                         AR20130002711



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ABCMR Record of Proceedings (cont)                                         AR20130002711



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