IN THE CASE OF:	  

		BOARD DATE:	 12 August 2014 

		DOCKET NUMBER:  AR20130019281 


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 record to show award of the Air Medal with 22 Oak Leaf Clusters (indicating 23 Awards). 

2.  The applicant states, in effect, that his record shows award of one Air Medal and documentation of entitlement to 22 additional awards of the Air Medal, but no additional awards.  He recently discovered documentation proving his entitlement to 22 additional awards of the Air Medal and presumes they were not processed because he was medically evacuated to the United States prior to the end of his tour in the Republic of Vietnam.

3.  The applicant further states that back in 2008 he submitted a request to the National Personnel Records Center (NPRC) for the Purple Heart, Air Medal with 22 Oak Leaf Clusters, and Distinguished Flying Cross which were awarded to him for his service in the Republic of Vietnam.  The response from the NPRC advised him that they had no record of authorization for the Air Medal with 22 Oak Leaf Clusters and advised him to submit an application to Army Board for Correction of Military Records (ABCMR).

4.  The applicant provides: 

* 2 DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge)
* documentation for his first award of the Air Medal
* 8 pages of his individual flight record
* a letter from the NPRC

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records submitted to the ABCMR must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the 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.  Having had prior enlisted service, the applicant was appointed as a Reserve warrant officer of the Army on 2 February 1967 with a concurrent call to active duty.  He held an aviation (Fixed Wing) military occupational specialty.  

3.  His DA Form 66 (Officer Qualification Record) shows he served in Vietnam from 10 August 1967 to 8 July 1968.  He was assigned to the 199th Aviation Company as a fixed-wing aviator. 

4.  His record contains and he also provides General Orders (GO) Number 5340, issued by Headquarters, 1st Aviation Brigade, on 3 November 1967, which awarded him the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam from 17 August to 18 September 1967.  The applicant also provides the corresponding recommendation and citation for this award. 

5.  The applicant's record contains his complete flight record from his time as a student pilot in October 1966 through January 1970, just prior to his release from active duty (REFRAD).  All of his flying missions and flight time are documented on DA Forms 759 (Part I) (Individual Flight Record and Flight Certificate - Army), which provide periodic summaries and DA Form 759-1 (Part II) (Individual Flight Record and Flight Certificate - Army), which provide the details of each flight.  

6.  He was honorably REFRAD on 1 February 1970.  The DD Form 214 that he was issued at the time shows he was awarded or authorized the: 

* National Defense Service Medal
* Republic of Vietnam Campaign Medal with 1960 Device
* Vietnam Service Medal
* Distinguished Flying Cross
* Purple Heart
* one overseas service bar
* Air Medal
* Republic of Vietnam Cross of Gallantry with Silver Star

7.  The applicant provides a letter from the NPRC, dated 5 March 2008, wherein an archives technician provided him certificates for the Purple Heart and Distinguished Flying Cross.  The archives technician also informed the applicant that no record was found to show he was authorized the Air Medal with 22 Oak Leaf Clusters and advised him to apply to this Board in order to seek relief.

8.  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).  During the Vietnam War, the following Mission IDs were used:

Mission Symbol
Service Missions
A
Acceptance Test Flight
F
Maintenance Flight
S
Service Mission
T
Training Flight
X 
Experimental Test Flight
C
Combat Mission
9.  During his service in Vietnam, the applicant completed various combat missions.  His final DA Form 759 shows he completed a total of 1,613 flight hours, of which 981 were combat hours.  A break-down of his flight time is shown on his DA Forms 759-1 and clearly shows these combat missions in detailed entries with Mission ID "C."  

10.  Army Regulation 600-8-22 (Military Awards) states 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 version of the regulation in effect at the time the applicant served stated that an Oak Leaf Cluster would be awarded to denote the second and subsequent awards of the Air Medal.  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 Air Medal.  The Numeral 2 denotes the second award of the Air Medal.

11.  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. 25 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.  

12.  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.

13.  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.

14.  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 that during his service with the 199th Aviation Company the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders (DAGO) Number 21, dated 1969. 


15.  Army Regulation 600-8-22 states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that the applicant participated in four campaigns during his period of service in Vietnam.

16.  Army Regulation 670-1 (Uniforms and Insignia) 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.  The applicant's contention was carefully considered and determined to have merit.

2.  He served in Vietnam with the 199th Aviation Company from 26 August 1967 to 8 July 1968.  During this period of service, he was awarded the Air Medal for the period 17 August through 18 September 1967.

3.  Under USARV Regulation 672-1, aircrew members were required to have a minimum of 25 category I missions and 25 flight hours to qualify for each award of the Air Medal. 

4.  The available evidence clearly shows the applicant completed a total of 981 combat flying hours.  Given his specialty, the type of unit he was assigned to, and totality of the combat situation at the time, it is reasonable to presume his combat flying hours were category I missions.  Therefore, 981 divided by 25 equals 39.24.  

5.  Therefore, since he already received one award of the Air Medal and since he is entitled to 38 additional awards, his DD Form 214 should be corrected to show the Air Medal with 38th Oak Leaf Cluster (or the 39th Award).  

6.  DAGO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

7.  Records show the applicant participated in four campaigns while serving in Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars. 

8.  Evidence shows the applicant completed a qualifying period of service to be authorized to wear two Overseas Service Bars.  Therefore, his DD Form 214 should be corrected to show an additional Overseas Service Bar.

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.  awarding him the Air Medal (38th Award) for meritorious achievement while participating in aerial flight in Vietnam from 19 September 1967 to 8 July 1968;

	b.  deleting the Air Medal, Vietnam Service Medal, and Overseas Service Bar from his DD Form 214 for the period ending on 1 February 1970; and




	c.  adding to his DD Form 214 for the period ending on 1 February 1970 the:

* Air Medal (39th Award)
* Vietnam Service Medal with 4 bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* 2 Overseas Service Bars



      _______ _   __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)                                         AR20130019281



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ABCMR Record of Proceedings (cont)                                         AR20130019281



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