IN THE CASE OF:
BOARD DATE: 12 December 2013
DOCKET NUMBER: AR20130005294
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 he be awarded the appropriate number of Air Medals based on 1,058 combat hours flown in the Republic of Vietnam.
2. The applicant states he flew 1,058 combat hours in the Republic of Vietnam from August 1970 to August 1971. He should have been awarded one Air Medal for every 25 hours of combat assault time flown and one Air Medal for every
50 hours of combat support time flown.
3. The applicant provides his:
* DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 31 May 2000
* DA Form 759 (Individual Flight Record and Flight Certificate - Army)
(Part I)
* DA Form 759-1 (Individual Flight Record and Flight Certificate - Army) (Part II)
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. He previously completed 1 year, 1 month, and 1 day of active service in an enlisted status. On 13 July 1970, he was appointed a warrant officer one in the U.S. Army Reserve and entered active duty.
3. The applicant's complete history of assignments was not available for review. However, sufficient documents were available to determine the approximate dates of assignment to units while he was in the Republic of Vietnam.
a. DA Forms 67-5 (U.S. Army Officer Efficiency Report) for the periods
13 July 1970 to 14 December 1970 and 15 December 1970 to 23 March 1971 show that during the periods of the reports he was assigned to the 57th Aviation Company, 52nd Aviation Battalion (Combat).
b. His Officer Record Brief shows he was assigned to the 92nd Aviation Company (Assault Helicopter) from March 1971 to August 1971.
4. Section I of the DA Form 759 provided by the applicant shows a summary of his pilot experience. The form shows a total of 1,268 hours total pilot time of which 1,058 hours is shown as pilot combat time. The remaining 210 hours is shown as military student pilot time.
5. The DA Form 759-1 provided by the applicant shows he was assigned to the 92nd Assault Helicopter Company. The form shows he flew 23 combat missions in July 1971.
6. On 31 May 2000, he was retired and placed on the Retired List the following day. His DD Form 214 shows he was awarded the Air Medal (2nd Award).
7. U.S. Army Vietnam (USARV) Regulation 672-1 provided guidelines for award of the Air Medal. It defined the departure point for the award of the Air Medal based on sustained operations as 25 Category I missions and a minimum of
25 hours of flight time engaged in Category I missions (air assault and equally dangerous missions); 50 Category II missions and has accrued a minimum of
50 hours of flight time engaged in Category II missions (support rendered a friendly force immediately before, during or following a combat operation); or
100 Category III missions and a minimum of 100 hours of flight time engaged in Category III missions (support of friendly forces not connected with an immediate combat operation but which must be accomplished at altitudes which make the aircraft at times vulnerable to small arms fire, or an operation conducted under hazardous weather or terrain conditions). However, the regulation was clear that these guidelines were considered only a departure point. Nothing created an entitlement to the award. To the contrary, the award was limited to individuals whose accomplishments and service for the entire group of missions must reflect meritorious performance throughout, with no instance of non-professionalism, mediocrity, or failure to display an offensive spirit. The individual must not have caused, either directly or indirectly, an aircraft abort, late take-off, accident or incident. The individual must have continuously demonstrated a high degree of air discipline. And the individuals performance of duty must have been clearly exceptional in every respect during the period for which recommended.
DISCUSSION AND CONCLUSIONS:
1. While it is clear that the applicant flew 1,058 hours of combat time as a pilot, the DA Form 759-1 only shows 23 combat missions flown in July 1971. There is no evidence of the number of combat or combat support missions he flew during the previous months in the Republic of Vietnam.
2. Without knowing the number of combat or combat support missions flown by the applicant, there is no way to determine the number of additional awards of the Air Medal he may be entitled to.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X____ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case
are insufficient as a basis for correction of the records of the individual concerned.
_______ _ 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) AR20130005294
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20130005294
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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