IN THE CASE OF:	  

		BOARD DATE:	  19 March 2015

		DOCKET NUMBER:  AR20140012881 


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 his award of the Air Medal be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) , that he be awarded additional awards of the Air Medal and that any other awards to which he is entitled be added to his DD Form 214.

2.  The applicant states that his award of the Air Medal was omitted from his DD Form 214.  He also states that he believes that he should have been awarded additional awards of the Air Medal and desires any other awards to which he is entitled be added to his DD Form 214.

3.  The applicant provides copies of his DD Form 214, orders awarding him the Air Medal and his “combat action record” (sic).  

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 enlisted in the Regular Army on 29 January 1969 for a period of 2 years.  He completed his one-station unit training as an infantryman at Fort Ord, California and was transferred to Vietnam on 23 June 1969. 

3.  He was assigned to Company A, 3rd Battalion (Airmobile), 187th Infantry Regiment, 101st Airborne Division.  

4.  He was promoted to the rank of sergeant on 11 May 1970.  He participated in three campaigns and departed Vietnam on 19 June 1970 for assignment to Fort Meade, Maryland.

5.  On 1 July 1970, General Orders Number 7476 issued by Headquarters, 101st Airborne Division awarded the applicant the Air Medal for meritorious achievement while participating in aerial flight during the period 13 October 1969 to 23 March 1970.

6.  On 5 January 1971, General Orders Number 1 issued by Headquarters, 6th Armored Cavalry Regiment, Fort Meade, Maryland awarded the applicant the Army Good Conduct Medal for the period 29 January 1969 to 28 January 1971.

7.  A review of the “combat action record” provided by the applicant indicates that the applicant participated in 75 “combat assault” missions.  However, that document does not describe the category of missions involved or the hours involved. 

8.  On 28 January 1971, he was honorably released from active duty due to the expiration of his term of service (ETS).  He had served 2 years of active service and the DD Form 214 issued at the time of his REFRAD shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Army Commendation Medal, Vietnam Campaign Medal with Device 1960, Bronze Star Medal, Combat Infantryman Badge and his marksmanship badges.

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.  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.  

11.  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.

12.  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.

13.  Army Regulation 600-8-22 states a bronze service star, based on qualifying service for each campaign listed in appendix B, will be worn on the appropriate service medal including the Vietnam Service Medal.  

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he served with the unit.
 
DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Air Medal and the Army Good Conduct Medal and he is entitled to have those awards added to his DD Form 214.
2.  The applicant’s contention that he should be awarded additional awards of the Air Medal has been carefully considered.  However, the “combat action record” does not describe the category of missions or hours flown in aircraft.  Therefore, in the absence of such evidence, it must be presumed that he flew 75 category II missions which equates to one award of the Air Medal.  Therefore, in the absence of more definitive evidence such as flight records, there appears to be no basis to award him additional awards of the Air Medal. 

3.  However, the applicant participated in three campaigns in Vietnam and is entitled to wear three bronze service stars on his already awarded Vietnam Service Medal and have them added to his DD Form 214.

4.  Additionally, the applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he served with the unit and is entitled to have those awards added to 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 that the evidence presented was 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:

* Deleting the award of the Vietnam Service Medal from his DD Form 214
* Adding the awards of the Vietnam Service Medal with three bronze service stars, Air Medal, Good Conduct Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his DD Form 214

2.  The Board further determined that 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 additional awards of the Air Medal.
3.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.
  




      _____________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)                                         AR20140012881





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ABCMR Record of Proceedings (cont)                                         AR20140012881



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