IN THE CASE OF:	  

		BOARD DATE:	  6 January 2015

		DOCKET NUMBER:  AR20140008579 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Air Medal with 19th Oak Leaf Cluster (OLC).

2.  The applicant states:

* award of the Air Medal and subsequent OLC's during the Vietnam conflict was based on one award per every 25 hours flown
* General Orders 1090 awarding him the 10th, 11th, and 12th OLC do not accurately reflect his flight record and the OLC's were not correctly awarded
* he flew over 300 hours during his second combat tour in Vietnam from 23 May 1967 through 4 May 1968 which entitles him to award of OLC's 10 through 19
* he received no Air Medal OLC's for flight hours between 9 February 1968 and 4 May 1968

3.  The applicant provides:

* self-authored statement
* Headquarters, U.S. Army Vietnam, General Orders Number 1090, dated 12 March 1968
* DA Form 759 (Individual Flight Record – Army Aviator) covering the period 23 May 1967 through 27 June 1967
* DA Form 759 covering the period 14 July 1967 through 8 September 1967
* DA Form 759 covering the period 2 June 1967 through 22 November 1967
* DA Form 759 covering the period 25 November 1967 through 17 January 1968
* DA Form 759 covering the period 19 January 1968 through 25 April 1968
* DA Form 759 covering the period 3 May 1968 through 4 May 1968

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 entered active duty as a commissioned officer on 2 September 1953 and served as an army aviator, master army aviator, and logistics officer throughout his career.

3.  Records reflect he served as an aviator in Vietnam from on or about 5 May 1963 through 1 April 1964 and again from on or about 23 May 1967 through 7 May 1968 where he was assigned to the 604th Transportation Company and the 14th Transportation Battalion.

4.  The applicant provided copies of Headquarters, U.S. Army Vietnam, General Orders Number 1090, dated 12 March 1968, awarding him the following:

* Air Medal with 10th Oak Leaf Cluster for the period 23 May 1967 through 3 October 1967
* Air Medal with 11th Oak Leaf Cluster for the period 5 October 1967 through 28 November 1967
* Air Medal with 12th Oak Leaf Cluster for the period 29 November 1967 through 9 February 1968

5.  The applicant provided copies of his DA Forms 759 documenting all of his flying missions and flight times during his second tour in Vietnam covering the periods 23 May 1967 through 4 May 1968.  A consolidation of these records (see attached ABCMR document titled, "Consolidation of Flight Missions and Hours from Individual Flight Records") reflects his entitlement to the following:

* Air Medal with Numeral 10 for the period 23 May 1967 through 2 September 1967, based on the completion of 25 combat missions and 44.3 hours of flight time
* Air Medal with Numeral 11 for the period 5 September 1967 through 5 November 1967, based on the completion of 25 combat missions and 58.3 hours of flight time
* Air Medal with Numeral 12 for the period 7 November 1967 through 14 December 1967, based on the completion of 25 combat missions and 46.6 hours of flight time
* Air Medal with Numeral 13 for the period 15 December 1967 through 23 January 1968, based on the completion of 25 combat missions and 42.6 hours of flight time
* Air Medal with Numeral 14 for the period 25 January 1968 through 1 April 1968, based on completion of 25 combat missions and 40.6 hours of flight time.

6.  Records reflect the applicant completed nine missions from 2 April 1968 through 4 May 1968 and had 40.8 hours of flight time during that period.

7.  The applicant retired from the Regular Army on 31 May 1981.  The DD Form 214 (Certificate of Release or Discharge from Active Duty) issued to him at the time of his retirement reflects receipt of the following awards:

* National Defense Service Medal with 1st OLC
* Army Aviator Badge
* Senior Army Aviator Badge
* Distinguished Flying Cross
* Army Commendation Medal with 3rd OLC
* Army Commendation Medal with 2nd OLC and "V" Device
* Air Medal (12th Award)
* Meritorious Unit Commendation (9th Award)
* Air Medal with “V” Device (9th Award)
* Republic of Vietnam Campaign Medal with Device (1960)
* four overseas service bars
* Master Army Aviator Badge
* Meritorious Service Medal
* Republic of Vietnam Gallantry Cross with Palm
* Republic of Vietnam Cross Gallantry Cross with Palm Unit Citation
* Humanitarian Service Medal
* Navy Unit Citation,
* Armed Forces Expeditionary Medal (Vietnam)
* Legion of Merit with 1st OLC

8.  The applicant's records contain the following documents:

* DD Form 215 (Correction to DD Form 214) issued on 13 June 2011 amending his DD Form 214 to add award of the Soldier's Medal
* DD Form 215 issued on 16 May 2013 amending his DD Form 214 to delete award of the Army Commendation Medal with 2nd OLC and "V" Device and add the Army Commendation Medal with 1st OLC and "V" Device

9.  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.

10.  The version of the regulation in effect at the time, U.S. Army Vietnam Regulation 672-1 (Decorations and Awards), stated that an OLC 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 OLC's for the second and succeeding awards of the Air Medal.  The Numeral 2 denotes the second award of the Air Medal.

11.  The regulation also 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.  Army Regulation 635-8 (Separation Processing and Documents) prescribes policy and procedural guidance relating to transition management.  It explains separation document preparation, distribution, correction, and transition processing.  The regulation dictates that a DD Form 215 will be prepared to correct a previously issued DD Form 214 except in instances when two DD Forms 215 have already been issued for the same DD Form 214.  In such instances, a new DD Form 214 will be administratively issued.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show award of the Air Medal with 19th OLC was carefully considered.

2.  He served in Vietnam from 23 May 1967 through 7 May 1968.  Headquarters, U.S. Army Vietnam, General Orders Number 1090, dated 12 March 1968, awarded him the Air Medal with 10th, 11th, and 12th OLC for the periods 23 May 1967 through 3 October 1967, 5 October 1967 through 28 November 1967, and 29 November 1967 through 9 February 1968.

3.  Under U.S. Army Vietnam 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.  A review of the applicant's DA Forms 759 covering the period 23 May 1967 through 4 May 1968 reflects his entitlement to award of the Air Medal with Numerals 10, 11, 12, 13, and 14.

5.  Since he previously received award of the Air Medal with 12 OLC's, he is additionally authorized award of the Air Medal with Numerals 13 and 14.

6.  Since the applicant was previously issued two DD Forms 215 amending the DD Form 214 for the period ending 31 May 1981, he is entitled to reissuance of his DD Form 214.

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 reissuing him a DD Form 214 for the period ending 31 May 1981, incorporating the corrections contained on the two DD Forms 215, and adding award of the Air Medal with Numeral 13 and 14.

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 the 15th through 19th awards of 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)                                         AR20140008579



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ABCMR Record of Proceedings (cont)                                         AR20140008579



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