IN THE CASE OF:	  

		BOARD DATE:	 23 September 2014 

		DOCKET NUMBER:  AR20140001856 


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 award of the Air Medal and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was a member of the 1st Cavalry Division (Airmobile). 

2.  The applicant states he is providing copies of General Orders (GO) Numbers 1016 and 1125, which awarded him the Bronze Star Medal and the Army Commendation Medal while serving as a member of the 1st Cavalry Division (Airmobile).  He should have been awarded the Air Medal; he deserves this correction because he was there and he earned the Air Medal.

3.  The applicant provides copies of GO Numbers 1016 and 1125.

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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.
2.  The applicant was inducted into the Army of the United States on 27 October 1970.  He was trained in and held military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  He served in Vietnam in MOS 11F (Infantry Operations and Intelligence Specialist) from 9 October 1971 through 28 April 1972, during which time he participated in three campaigns.  He was assigned to Headquarters and Headquarters Company (HHC), 3rd Brigade, 1st Cavalry Division (Airmobile).

4.  GO Number 1016, issued by Headquarters, 3rd Brigade (Separate), 1st Cavalry Division (Airmobile) on 31 March 1972, which awarded him the Bronze Star Medal for meritorious service, not involving participation in aerial flight, in connection with ground operations against a hostile enemy force in Vietnam from October 1971 to April 1972.

5.  GO Number 1125, issued by Headquarters, 3rd Brigade (Separate), 1st Cavalry Division (Airmobile) on 7 April 1972, which awarded him the Army Commendation Medal for meritorious achievement in connection with military operations against a hostile enemy force in Vietnam from 1 January through 25 March 1972.

6.  He was honorably released from active duty in pay grade E-5 on 30 April 1972.  He was credited with completing 1 year, 6 months, and 4 days of net active service.  His DD Form 214 lists in:

* Item 12 (Last Duty Assignment and Major Command)  - HHC, 3rd Brigade, USARV (U.S. Army Vietnam)
* Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) - National Defense Service Medal, Vietnam Service Medal, and Vietnam Campaign Medal

7.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) lists all the awards listed on his DD Form 214 and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).  

8.  His individual flight record is not available for review with this case.  Additionally, there is no documentation in his records that confirms his aerial flight participation, the type of missions, or the number of flying hours he accumulated.

9.  On 20 May 2013, the U.S. Army Human Resources Command, in response to his request, advised him that they had verified his entitlement to awards not currently listed on his DD Form 214.  He was issued a DD Form 215 (Correction to DD Form 214, Certificate of Release or Transfer from Active Duty) listing the following awards:

* Bronze Star Medal
* Army Commendation Medal
* three bronze service stars to his already-awarded Vietnam Service Medal
* Expert Marksmanship Qualification Badge with Automatic Rifle Bar
* Republic of Vietnam Gallantry Cross wit Palm Unit Citation

9.  In March 1971, the 1st Cavalry Division (Airmobile) departed Vietnam and returned to Fort Hood, TX.  Upon the division's departure, the 3rd Brigade was separated from the 1st Cavalry Division (Airmobile) and formed as a separate brigade task force, known as 3rd Brigade (Separate), 1st Cavalry Division (Airmobile), where it assumed operational control of the old 1st Cavalry Division (Airmobile) area of operations.  The 3rd Brigade (Separate) remained in Vietnam for another year, until 29 June 1972, when it departed Vietnam and reunited with the 1st Cavalry Division (Airmobile) at Fort Hood, TX.

10.  Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214.  It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty.  The regulation stated item 12 would list the last duty assignment and major command.

11.  U.S. Army Vietnam Regulation 672-1 provided 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.  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.

	a.  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.

	b.  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.

12.  Army Regulation 600-8-22 (Military Awards) states the Air Medal is awarded to any person who, while serving in any capacity in or with the U.S. Army, will have distinguished himself or herself by meritorious achievement while participating in aerial flight in connection with military operations against an armed enemy.  Award of the Air Medal is primarily intended to recognize those personnel who are on current crewmember or non-crewmember flying status which requires them to participate in aerial flight on a regular and frequent basis in the performance of their primary duties. Awards will not be made to individuals who use air transportation solely for the purpose of moving from point to point in a combat zone.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be awarded the Air Medal.  The evidence of record shows he was awarded the Bronze Star Medal for meritorious service, not involving participation in aerial flight, in connection with ground operations against a hostile enemy force in Vietnam.  There is no evidence that shows he actively participated in aerial flight in connection with military operations against an armed enemy during his period of service in Vietnam for award of the Air Medal.  

2.  In the absence of his individual flight record, or documentary evidence confirming his aerial flight participation, the type of missions, or the number of flying hours, there is insufficient evidence to establish his entitlement to the Air Medal. 

3.   The applicant contends his DD Form 214 should be corrected to show he was a member of the 1st Cavalry Division (Airmobile).  The evidence shows he was assigned to HHC, 3rd Brigade (Separate), 1st Cavalry Division (Airmobile) during his service in Vietnam.  

4.  The 3rd Brigade (Separate) was under the operational control of USARV beginning in April 1971 and remained so until May-June 1972, when it departed Vietnam and returned to Fort Hood, TX.  However, it was still an element of the 1st Cavalry Division (Airmobile), as shown on both his Bronze Star Medal and Army Commendation Medal orders.

5.  The current entry in item 12 of his DD Form 214 is incorrect, since it does not properly identify the 3rd Brigade (Separate) as a separate brigade and it does not recognize its lineage to the 1st Cavalry Division (Airmobile).  Therefore, it would be appropriate to correct item 12 of his DD Form 214 to show his last major command as "3rd Brigade (Separate), 1st Cavalry Division (Airmobile), USARV."

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 amending item 12 of his DD Form 214 to show his last major command as "3rd Brigade (Separate), 1st Cavalry Division (Airmobile), USARV."

2.  The Board further determined 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 awarding him the Air Medal, or correcting his DD Form 214 to show he was awarded the Air Medal.



      _______ _   _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)                                         AR20140001856





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ABCMR Record of Proceedings (cont)                                         AR20140001856



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