IN THE CASE OF:	  

		BOARD DATE:  1 April 2014

		DOCKET NUMBER:  AR20130013467 


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 the Air Medal and a second award of the Overseas Service Bar be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 

2.  The applicant states, in effect:

	a.  he is entitled to a second Overseas Service Bar for his time in Vietnam.

	b.  he provides two statements from a platoon leader and troop commander at the time in question in support of his request for award of the Air Medal.  He also states precedent was established in two cases (Army Board for Correction of Military Records (ABCMR)) wherein eyewitness statements were accepted as sufficient evidence in which to award the Air Medal to Soldiers.  
 
3.  The applicant provides:

* Two statements of support
* Operational  report
* DD Form 214
* DD Forms 215 (Correction to DD Form 214)
* DA Form 20 (Enlisted Qualification Record)
* Excerpt from Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia)
* Two ABCMR cases

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 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 21 August 1967 for a period of 3 years.  He served as a helicopter repairman in Vietnam from 15 April 1968 through 9 April 1969.  On 20 May 1970, he was honorably released from active duty.

3.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal (VSM)
* Republic of Vietnam Campaign Medal with Device (1960)
* Aircraft Crewman Badge
* One Overseas Service Bar
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

4.  There are no orders for the Air Medal in the available records.

5.  There are no flight records in the available records.

6.  Item 41 (Awards and Decorations) of his DA Form 20 does not show entitlement to the Air Medal.

7.  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 U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders for the Air Medal pertaining to the applicant.




8.  In support of his claim for the Air Medal, he provides two statements from fellow Soldiers at the time in question.  One undated statement is from a retired lieutenant colonel.  He was a captain and served first as a section leader and then as a gun platoon leader.  He attests:

	a.  the applicant served as his armored helicopter crew chief from September 1965 to April 1969.

	b.  the applicant entered a hovering helicopter to save him after he had been wounded.  

	 c.  while he is unable to verify that the applicant flew with him, on specific dates or for a specific period of time, he is quite certain that as his crew chief, the applicant flew with him and/or other pilots within his direct area of supervision, on numerous occasions, in armored helicopters, in unsecured areas over hostile terrain.  Because of the time the applicant was his crew chief, approximately       7 months, he believes a conservative estimate of his flight hours accumulated would total a minimum of 28-35 hours, 4-5 hours per month for 7 months. 

9.  He provides an undated statement from a troop commander at the time in question.  He attests the applicant was under his command and he recommends the applicant be a recipient of the Air Medal.

10.  He also provides two ABCMR cases wherein the applicants requested award of the Air Medal and the Board found eyewitness statements sufficient as a basis for award of the Air Medal.  

11.  A DD Form 215, dated 7 May 2013, amended his DD Form 214 by deleting the VSM and adding the VSM with four bronze service stars and the Republic of Vietnam Gallantry Cross Unit Citation with Palm Device.

12.  A DD Form 215, dated 21 May 2013, amended his DD Form 214 by added the Army Good Conduct Medal.  

13.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided guidelines for award of the Air Medal.  It stated 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.  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.

	b.  A category II mission was characterized by support rendered a friendly force immediately before, during or immediately following a combat operation.

	c.  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 670-1 governs the requirements for the Overseas Service Bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.






DISCUSSION AND CONCLUSIONS:

1.  There are no orders for the Air Medal in the available records.  

2.  The statements provided by the applicant are not eyewitness statements.  The statement from the platoon leader states he is unable to verify that the applicant flew with him on specific dates or for a specific period of time and the letter from the troop commander recommends the applicant be a recipient of the Air Medal.

3.  In the absence of orders for the Air Medal or any other official corroborating evidence, the statements provided by the applicant alone are insufficient as a basis for adding the Air Medal to his DD Form 214.

4.  His DD Form 214 shows one award of the Overseas Service Bar.  However, based on his service in Vietnam from 15 April 1968 through 9 April 1969, he is eligible for two Overseas Service Bars.  Therefore, his DD Form 214 should be corrected to show these awards. 

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 deleting the entry "1 O/S Bar" from his DD Form 214 and adding the entry "Two Overseas Bars" on his DD Form 214.






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 adding the Air Medal to his DD Form 214.  



      _______ _  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)                                         AR20130013467





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ABCMR Record of Proceedings (cont)                                         AR20130013467



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