IN THE CASE OF:	   

		BOARD DATE:	  12 August 2014

		DOCKET NUMBER:  AR20130022297 


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 that he be awarded the Air Medal.

2.  The applicant states he was a helicopter pilot in Vietnam and afterwards in the National Guard; however, he was never awarded the Air Medal.  He earned the Air Medal and is providing documents to show his entitlement.

3.  The applicant provides copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and flight records for the period May through August 1971. 

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’s records were unavailable for review by the Board; however, the documents provided by the applicant are sufficient to conduct a fair and impartial review of this case.

3.  The applicant was commissioned as a U.S. Amy Reserve (USAR) second lieutenant and entered active duty on 14 August 1969.  He completed his infantry officer basic course and then completed his aviation training before being transferred to Vietnam on 11 September 1970, for assignment to Company B, 123rd Aviation Battalion as a helicopter pilot.

4.  The flight records provided by the applicant show the applicant flew 310 Category I (Combat Assault) missions during the period 2 May through 
27 August 1971.

5.  He departed Vietnam on 6 September 1971 and he was transferred to Fort Benning, GA where he remained until he was honorably released from active duty (REFRAD) on 6 June 1973.  His DD Form 214 issued at the time of his REFRAD shows that he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal
* Distinguished Flying Cross
* Bronze Star Medal

6.  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.

7.  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.

8.  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.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he should have been awarded the Air Medal has been noted and appears to have merit.  The available flight records show that the applicant completed 310 Category I missions which equates to 12 awards of the Air Medal and amounts to award of the Air Medal with Numeral 12. 

2.  Accordingly, the applicant should be awarded the Air Medal with numeral 12 and it should be added to his DD Form 214.

3.  Additionally, his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit.  Therefore, he is entitled to have this award added to his DD Form 214.

BOARD VOTE:

____x___  ____x___  ____x___  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

a.  Awarding the applicant the Air Medal with numeral “12” for the period 
2 May through 27 August 1971 and 

b.  adding to his DD Form 214 for the period ending 6 June 1973 the:

* Air Medal with Numeral 12
* Republic of Vietnam Gallantry Cross with Palm Unit Citation




      _____________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)                                         AR20130022297





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ABCMR Record of Proceedings (cont)                                         AR20130022297



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