IN THE CASE OF:	  

		BOARD DATE:	  27 August 2014

		DOCKET NUMBER:  AR20130022035 


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 to be awarded the Distinguished Flying Cross and the Air Medal with 37 oak leaf clusters. 

2.  The applicant states he completed 926 combat flying hours in South Vietnam. 

3.  The applicant provides: 

* DA Form 759 (Part I) (Individual Flight Record and Flight Certificate - Army)
* DA Form 759-1 (Part II) (Individual Flight Record and Flight Certificate - Army)

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.  With respect to the Distinguished Flying Cross: 

	a.  Based upon his application, the evidence of record, and accompanying supporting documents he has submitted, it does not appear that the applicant was recommended for or awarded the Distinguished Flying Cross.  

	b.  Army Regulation 600-8-22 (Military Awards) states in paragraph 1-14 (Time Limitations), except for the provisions of Section 1130, Title 10, U.S. Code (USC), each recommendation for an award of a military decoration must be entered administratively into military channels within 2 years of the act, achievement, or service to be honored.  Submission into military channels is defined as "signed by the initiating official and endorsed by a higher official in the chain of command."  However, pursuant to Title 10, USC 1130, a Member of Congress can request consideration of a proposal for the award or presentation of decoration (or the upgrading of a decoration), either for an individual or unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy.  

	c.  Title 10 USC 1130 allows the Service Secretary concerned to review a proposal for the award of, or upgrading of, a decoration that is otherwise precluded from consideration by limitations established by law or policy.  In order to request an award under Title 10 USC 1130, the member must submit a DA Form 638 (Recommendation for Award).  The DA Form 638 should clearly identify the member's unit, the period of assignment, and the award being recommended.  A narrative of the actions or period for which the member is requesting recognition must accompany the DA Form 638.  In addition, the member's award request should be supported by sworn affidavits, eyewitness statements, certificates and related documents.  Corroborating evidence is best provided by commanders, leaders, and fellow Soldiers who had personal (i.e., eyewitness) knowledge of the circumstances and events relative to the request.  

	d.  Title 10 USC 1130 also requires that a request of this nature be referred to the Service Secretary from a Member of Congress.   Therefore, the member must submit the request through a Member of Congress who will send it to the United States Army Human Resources Command (HRC), ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor.

	e.  Since there is no evidence the applicant submitted a request for award of the Distinguished Flying Cross as explained above, his application to this Board is premature and will not be further discussed further in the Record of Proceedings. 
3.  Having had prior enlisted service, the applicant was appointed as a Reserve warrant officer of the Army on 16 June 1969 and immediately entered active duty.  He held an aviation (Rotary Wing) military occupational specialty.  

4.  He served in Vietnam from 28 August 1969 to 27 August 1970.  He was assigned to the 82nd Medical Detachment, 68th Medical Group. 

5.  General Orders (GO) Number 1071, issued by Headquarters, 44th Medical Brigade, on 22 October 1969, awarded him the Air Medal.  The GO are not available for review with this case. 

6.  He was honorably released from active duty on 14 December 1973.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded or authorized the: 

* Vietnam Service Medal with 4 bronze service stars
* Vietnam Campaign Medal with 1960 Device
* Air Medal
* Purple Heart
* two overseas service bars
* Army Commendation Medal

7.  After his release from active duty, he served in a variety of assignments in the U.S. Army Reserve, mostly at Fort McPherson, GA.  He entered active duty on 20 December 1985 as a commissioned officer and he was later promoted to lieutenant colonel (LTC).  

8.  He ultimately retired on 30 June 1994 and he was placed on the Retired List in his retired grade of LTC on 1 July 1994.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was awarded or authorized the: 

* Meritorious Service Medal (2nd Award)
* Air Medal
* Army Commendation Medal (4th Award)
* Purple Heart
* Good Conduct Medal
* National Defense Service Medal (2nd Award)
* Vietnam Service Medal with 4 bronze service stars
* Armed Forces Reserve Medal
* Army Reserve Components Achievement Medal
* Army Service Ribbon
* Republic of Vietnam Campaign Medal with 1960 Device
* Army Reserve Component Training Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)
* Expert Marksmanship Qualification Badge with Rifle Bar (.38 Caliber)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Master Army Aviator Badge
* two overseas service bars 

9.  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
10.  During his service in Vietnam, the applicant completed various combat missions.  His DA Form 759 shows he completed 1169 single rotor hours, of which 929 were combat hours.  A break-down of his flight time (but it does not show the Mission IDs) is shown on the DA Form 759-1 he provides: 

Month/Year
Hours Flown
Total Hours
Brought Forward (student) 

240
September 1969
93.8
334
October 1969
70.8
405
November 1969
46.8
452
December 1969
31.9
484
January 1970
111.1
595
February 1970
88
683
March 1970
91.6
775
April 1970
86.2
861
May 1970
130.5
992
June 1970
102.9
1095
July 1970
67.7
1163
August 1970
5.8
1169
Total Combat Time
1169 minus 240
929
240
11.  Army Regulation 600-8-22 (Military Awards) states that 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.

12.  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.  

13.  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.
14.  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.

15.  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 during his service with the 82nd Medical Detachment from 28 August 1969 to 27 August 1970, this unit was cited for award of the Meritorious Unit Commendation for service from 1 May 1970 to 30 April 1971 by Department of the Army General Orders Number 5, dated 1973. 

16.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to:

* Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973
* Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973

17.  Army Regulation 600-8-22 (Military Awards) states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

DISCUSSION AND CONCLUSIONS:

1.  With respect to the Air Medal:

	a.  The applicant served in Vietnam with a medical detachment from 28 August 1969 to 27 August 1970.  During this period of service, he was awarded the Air Medal.  The GO that awarded him the Air Medal are not available.  It is unclear what specific period or type of missions this award was awarded for. 

	b.  He also completed 929 flying hours.  However, the mission category (assault, support, combat operations…etc) is unknown.  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. 

	c.  He completed 929 flying hours and he provides a breakdown of his 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 flying hours were category I missions.  Therefore, 929 divided by 25 equals 37.  

	d.  Therefore, since he already received one award of the Air Medal and since he is entitled to 37 additional awards, his DD Form 214 should be corrected to show the Air Medal with 37th oak leaf cluster (or the 38th award).  

2.  GO awarded his unit in Vietnam the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

3.  He completed an overseas tour in Vietnam from 28 August 1969 to 27 August 1970.  He also had an active status after the Overseas Service Ribbon was created in 1981.  Therefore, he is entitled to award of the Overseas Service Ribbon and correction of his DD Form 214 to show it. 

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:

* awarding him the Air Medal (38th Award) for meritorious achievement while participating in aerial flight in Vietnam from August 1969 to August 1970
* deleting from his DD Form 214 ending on 30 June 1994 the Air Medal
* adding to his DD Form 214 ending on 30 June 1994 the:

* Air Medal (38th Award)
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Overseas Service Ribbon



      _______ _   __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)                                         AR20130022035





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ABCMR Record of Proceedings (cont)                                         AR20130022035



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