BOARD DATE:	  10 March 2015

		DOCKET NUMBER:  AR20140013011


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded the Air Medal.

2.  The applicant states he was awarded the Air Medal on 28 May 1965; however, it was omitted from his DD Form 214 when he separated.

3.  The applicant provides a copy of his DD Form 214 and his Air Medal Certificate.

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 26 October 1962.  His record shows he held military occupational specialties (MOS) 671.10 (Single Engine Airplane Mechanic) and 671.20 (Single Engine Light Transportation Aircraft Mechanic).  These MOSs later were redesignated as MOS 67C (Single Engine Airplane Mechanic), which he held at the time he was separated.

3.  He served in the Republic of Vietnam from on or about 3 May 1964 through on or about 29 April 1965, where he was assigned to the 18th Aviation Company, 14th Aviation Battalion, U.S. Army Support Command Vietnam, performing duties as a crew chief.

4.  On 25 October 1965, he was honorably released from active duty and transferred to the U.S. Army Reserve.  His DD Form 214 shows he was awarded or authorized the following awards:

* Armed Forces Expeditionary Medal (AFEM)
* Army Good Conduct Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

5.  His record is void of orders that show he was awarded the Air Medal; however, it does contain a Military Assistance Command, Vietnam (MACV) Form 200 (Recommendation for Decoration for Merit) that shows:

* he was recommended for award of the Air Medal for sustained operations during the period 12 September 1964 through 1 January 1965
* he actively participated as an assigned aviation crewmember for 25 or more hours
* it is signed by both his company and battalion commanders, who recommended approval of this action

6.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders that awarded the applicant the Air Medal.

7.  He provides a copy of his Air Medal Certificate that shows he was awarded the Air Medal on 28 May 1965, for meritorious achievement while participating in aerial flight during the period 12 September 1964 through 1 January 1965.

8.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) governed the military awards program in Vietnam during the Vietnam War and provided guidelines for award of the Air Medal.  It stated 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.  

	a.  Twenty-five category I missions (air assault and equally dangerous missions) and the 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.

	b.  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.

	c.  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.  A review of the applicant's records indicates he is entitled to additional awards which are not shown on his DD Form 214.

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The National Defense Service Medal (NDSM) is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 
11 September 2001 and a date to be determined.  

	b.  The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Service members who earned the AFEM for service in Vietnam between 1 July 1958 and 3 July 1965 may elect to receive the Vietnam Service Medal instead of the AFEM; however, no service member may be issued both medals for service in Vietnam. 

	c.  The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in the Republic of Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.   

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam.  This document shows:

	a.  The 18th Aviation Company, the unit to which the applicant was assigned, was cited for the Meritorious Unit Commendation for meritorious service during the period 1 October 1964 through 31 December 1965 by Department of the Army General Orders (DAGO) Number 3, dated 1967.

	b.  MACV and its subordinate units, including the 18th Aviation Company, was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation for meritorious service during the period 8 February 1962 to 28 March 1973 by DAGO Number 8, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show he was awarded the Air Medal was carefully considered.  He contends he was awarded the Air Medal on 28 May 1965.

2.  His record contains a MACV Form 200 that shows he was recommended for award of the Air Medal for the period 12 September 1964 through 1 January 1965.  This form is signed by both his company and battalion commanders, who recommended approval of this action.  The period cited in this recommendation is consistent with the period cited on the Air Medal Certificate he provided; therefore, this evidence suggests he was, in fact, awarded the Air Medal prior to his release from active duty.  Accordingly, it would be appropriate to correct his DD Form 214 to show the Air Medal.

3.  He completed a qualifying period of service for award of the NDSM; therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  He served in the Republic of Vietnam from on or about 3 May 1964 through 
2 May 1965, a period of qualifying service for the Republic of Vietnam Campaign Medal with Device (1960).  This award is not shown on his DD Form 214; therefore, his DD Form 214 should be corrected to show it.

5.  Because the applicant did not mention the Armed Forces Expeditionary Medal, it will not be addressed at this time.

6.  General orders awarded his unit in the Republic of Vietnam the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he was assigned to the unit.  These unit awards are not shown on his DD Form 214; therefore, his DD Form 214 should be corrected to show them.

BOARD VOTE:

___X_____  _X_______  _X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 amending his DD Form 214 for the period ending 25 October 1965 to add the following awards:

* Air Medal
* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Meritorious Unit Commendation
* 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)                                         AR20100015543



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140013011



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1