BOARD DATE:	  4 March 2014

		DOCKET NUMBER:  AR20130012352 


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 his award of the Air Medal with "V" Device be added to his DD Form 214 (Report of Transfer or Discharge).

2.  The applicant states he recently noticed that his award of the Air Medal with "V" Device was not on his discharge.

3.  The applicant provides a copy if his orders for the Air Medal with "V" Device.

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 served on active duty in an enlisted status from 9 October 1967 through 13 July 1969, as a warrant officer from 14 July 1969 through 9 June 1970, and as a commissioned officer from 10 June 1970 through 9 February 1972.

3.  He served in Vietnam from 18 August 1969 through 15 August 1970 with Company C, 227th Aviation Battalion, 1st Cavalry Division.

4.  His flight records during his service in Vietnam show he flew 271 combat missions with 562 combat flight hours.

5.  Headquarters, 1st Cavalry Division General Orders Number 14384, dated 
15 November 1969, awarded the applicant the Air Medal with "V" Device for his heroic actions on 30 September 1969.

6.  The record contains orders for the Army Aviator Badge, Air Medal (for the period 1 - 27 September 1969), Distinguished Flying Cross (for heroic actions on 10 November 1969), Bronze Star Medal (for the period August 1969 through August 1970), and the Sharpshooter Marksmanship Qualification Badge with Pistol Bar.

7.  The record includes several personnel qualification records.  They list his awards as the National Defense Service Medal, Army Aviator Badge, Good Conduct Medal, Vietnam Service Medal, Air Medal, Distinguished Flying Cross, Republic of Vietnam Campaign Medal with Device (1960), Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

8.  His 9 June 1967 and 9 February 1972 DD Forms 214 list his awards as the National Defense Service Medal, Army Aviator Badge, Good Conduct Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Air Medal, Distinguished Flying Cross, and the Bronze Star Medal.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that while the applicant was assigned to the 227th Aviation Battalion it was cited for award of the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  




10.  Army Regulation 600-8-22 (Military Awards) states:

   a.  The Air Medal is awarded to any person who, while serving in any capacity in or with the U.S. Army, distinguished himself or herself by meritorious achievement while participating in aerial flight.  Awards may be made for meritorious service may be made for sustained distinction in the performance of duties involving regular and frequent participation in aerial flight for a period of at least 6 months.  Numerals, starting with 2, will be used to denote second and subsequent awards of the Air Medal.
   
   b.  A bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam he participated during the following four campaign periods:  the 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 1970 - 30 June 1970; and the Counteroffensive Phase VII, 1 July 1970 - 30 June 1971.
   
11.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided guidelines for award of the Air Medal in Vietnam.  It defined terms and provided guidelines for the award based upon the number and types of missions or hours.  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.  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 times and adjust it to a common denominator.



DISCUSSION AND CONCLUSIONS:

1.  The applicant is shown to have flown at least 271 combat missions which qualifies him for award of the Air Medal with Numeral 10.  Additionally the applicant was cited in orders for an additional specific award of the Air Medal with "V" Device.  It is appropriate to correct the applicant's records to show his award of the Air Medal as "Air Medal with Numeral 11 and "V" device.  

2.  The applicant's final DD Form 214 omits his award of the Sharpshooter Marksmanship Qualification Badge with Pistol Bar, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).  It is appropriate to include these awards on his DD Form 214.

3.  The applicant served in Vietnam during four campaign periods and is authorized to wear four bronze service stars on his Vietnam Service Medal.

4.  The applicant is also authorized the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  It is appropriate to include these awards on his DD Form 214.

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 the Air Medal and the Vietnam Service Medal from the applicant's 9 February 1972 DD Form 214;

	b.  showing, on the 9 February 1972 DD Form 214, that the applicant's authorized awards also include the Air Medal with "V" Device and Numeral 11, Vietnam Service Medal with four bronze service stars, Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Sharpshooter Marksmanship Qualification Badge with Pistol and Rifle Bar (M-14), and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).



      _______ _   _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)                                         AR20130012352





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ABCMR Record of Proceedings (cont)                                         AR20130012352



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