IN THE CASE OF:	   

		BOARD DATE:	  7 April 2015

		DOCKET NUMBER:  AR20140013714 


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 military service records to show 15 additional awards of the Air Medal (AM).

2.  The applicant states his flight records show he accrued 763 hours of combat assault or combat support flight time.  He should have been recognized with 
15 additional awards of the AM (i.e., one for every 50 hours of flight time).  He adds that he just recently discovered the error in his military records.

3.  The applicant provides a copy of a DA Form 759 (Individual Flight Record and Flight Certificate - Army - Part I) and eight DA Forms 759-1 (Individual Flight Record and Flight Certificate - Army - Part II).

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 was inducted into the U.S. Army on 25 October 1967.  He was honorably discharged on 29 October 1967 to enlist in the Regular Army (RA).

3.  On 30 October 1967, he enlisted in the RA for a period of 3 years.  He was awarded military occupational specialty 67U (Multi-Engine Tandem Rotor Helicopter Mechanic).

4.  He was promoted to specialist five (SP5)/pay grade E-5 on 14 December 1969.

5.  His DA Form 20 (Enlisted Qualification Record) shows in –

* item 29 (Qualification in Arms):  M-14 Rifle, Marksman, 14 December 1967
* item 31 (Foreign Service), he served in Vietnam from 10 June 1968 through 4 June 1970
* item 38 (Record of Assignments), he served in duty MOS 67U2O as a CH-47 Helicopter Mechanic with –

* the 272nd Aviation Support Helicopter Company from 21 June 1968 through 31 July 1968
* Company B, 159th Aviation Battalion (Assault Helicopter) from
1 August through 29 December 1968
* Company C, 159th Aviation Battalion (Assault Helicopter) from 
30 December through 31 May 1970

* item 41 (Awards and Decorations) shows the –

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* AM
* Army Commendation Medal (ARCOM) with "V" Device (1st Oak Leaf Cluster (OLC))
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)
* Bronze Star Medal (BSM) with "V" Device (1st OLC)
* RVN Gallantry Cross with Palm Unit Citation
* 2 Overseas Service Bars
* Marksman Marksmanship Qualification Badge with Rifle Bar


6.  General orders issued by Headquarters, 101st Airborne Division, announced awards to the applicant as follows –

* GO Number 10389, dated 30 November 1968 – the AM for meritorious achievement while participating in aerial flight from 24 August 1968 to 
22 October 1968
* GO Number 4892, dated 19 May 1969 – the ARCOM for meritorious achievement from 1 November 1968 to 31 March 1969
* GO Number 8517, dated 10 July 1969 – the ARCOM with "V" Device for heroism on 11 May 1969  (The citation shows he "distinguished himself as a member of an aircraft recovery team assigned the task of recovering a combat damaged helicopter from Tiger Mountain Landing Zone, RVN.")
* GO Number 14150, dated 30 November 1969 – the BSM for meritorious service from 1 February 1969 to 30 November 1969 
* GO Number 774, dated 1 February 1970 – BSM with "V" Device (1st OLC) for heroism on 10 May 1969 (The citation shows he "distinguished himself while serving as door gunner… near Fire Support Base Tiger Mountain, RVN" when "the CH-47 helicopter on which [he] was serving was shot down while on their final approach to the mountaintop fire base.")

7.  The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he entered active duty this period on 30 October 1967, was honorably released from active duty on 4 June 1970, and transferred to the U.S. Army Reserve Control Group (Reinforcement).

   a.  He had completed 2 years, 7 months, and 5 days of net active service this period; 5 days of other service; and 1 year, 11 months, and 24 days of foreign service.

   b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the –

* NDSM
* VSM
* RVN Campaign Medal
* 4 Overseas Service Bars
* BSM
* ARCOM
* "GCMDL w/Palm" [Good Conduct Medal with Palm]
* BSM with "V" Device
* Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar
* AM
* ARCOM with "V" Device
8.  A review of the applicant's military personnel records failed to reveal any individual flight records.  This review also failed to reveal any orders or other evidence that shows he was awarded more than one AM.

9.  A search of the U.S. Army Human Resources Command, Awards and Decorations Computer Assisted Retrieval System for the Vietnam Conflict failed to produce copies of any orders showing additional awards of the AM to the applicant.

10.  In support of his application the applicant provides the following documents:

   a.  Eight DA Forms 759-1 that show, in pertinent part, from 5 February 1969 through 19 May 1970 he performed aerial missions in the CH-47C helicopter, and all flying time was performed as "first pilot" and categorized with the mission symbol "C" (combat).  The eight DA Forms 759-1 also show:

Sheet #			  Period				Flying Time		Cumulative Total

   1			5 Feb-30 Mar 1969			77.5					  78
   2			1-30 Apr 1969			   103.9					182
   3			2 May-26 Aug 1969		   128.2					310
	4			29 Aug-28 Nov 1969	   112.8					423
   5			1-31 Dec 1969			     66.7					490
   6			3 Jan-28 Feb 1970		     88.3					578
   7			2 Mar-30 Apr 1970		   111.2					689
   8			1-19 May 1970			     74.1					763

   b.  A DA Form 759 that shows the applicant was assigned to Company C, 159th Aviation Battalion, 101st Airborne Division (Airmobile) and the period covered was from February 1969 through May 1970.  It also shows in –

    	(1)  Section I (Summary of Pilot Experience), item 20 (Other) –

* Rotary Wing – Multi-Engine Tandem Rotor:  763
* Total:  763


    	(2)  Section IV (Flight Hours Accrued – Total Hours Flown by Month –
24 Hour Maximum), for the period 29 August 1969 through 19 May 1970, the following –

   Month			Flight Hours

   August			  8
   September		24
   October			20
	November		24
   December		24
   January			24
   February			24
   March				24
			April				24
			May				24
		     Total Hours	    220

     	(3)  Item 10 (Signature and Typed Name and Grade of Operations Officer) shows Captain J____ E. S____, Operations Officer, signed the form.

    	(4)  Item 25 (I Have Reviewed the Entries on This Form) shows the applicant signed the form and entered the date (i.e., 30 May 1970).

11.  A review of the applicant's military personnel records reveals that he may be entitled to additional awards that are not shown on his DD Form 214.

12.  The applicant's military personnel records fail to reveal evidence of a commander's disqualification that would have precluded him from being recommended for or awarded the Army Good Conduct Medal (AGCM) (1st Award).

   a.  There is no evidence of any disciplinary actions or adverse information.

   b.  Item 38 of the applicant's DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his military service.

   c.  A DA Form 137 (Installation Clearance Record), dated 30 May 1970, shows the applicant's commanding officer rated his conduct and efficiency as "excellent."

13.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the AGCM was awarded to individuals who completed a qualifying period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  It shows the –

* 159th Aviation Battalion (Assault Helicopter) was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 19 July 1968 through 14 May 1969 in Department of the Army General Orders (DAGO) Number 43, 1970
* Company C, 159th Aviation Battalion (Assault Helicopter), was cited for award of the RVN Civil Actions Honor Medal First Class Unit Citation for the period 31 December 1968 through 2 May 1970 in DAGO Number 48, 1971

15.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

   a.  The VSM 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.  A bronze service star will be awarded for wear on the VSM for participation in each credited campaign.  A silver service star is worn in lieu of five bronze service stars.

	b.  Appendix B contains a list of Vietnam Conflict campaigns.  During the applicant's service in Vietnam, participation credit was awarded for the following seven campaigns –

* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet Counteroffensive 1969 (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970)


   c.  The AM 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 (e.g., personnel in the attack elements of units involved in air-land assaults against an armed enemy).  Arabic numerals are now used instead of oak leaf clusters for each succeeding award of the AM.  For example, the numeral 2 denotes the second award of the AM.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

16.  U.S. Army Vietnam Regulation (USARV) 672-1 (Decorations and Awards) provided, in pertinent part, guidelines for award of the AM for sustained operations.  It also established that passenger personnel who did not participate in an air assault were not eligible for the award based upon sustained operations.
   
   a.  Appendix IV required that recommendations for award of the AM for crewmembers or non-crewmembers on flying status will be submitted on USARV Form 157-R.  The recommendation for award must also state that the individual has "met the required number of missions and hours for award of the AM," that "the individual has not caused, either directly or indirectly, an aircraft abort, late take-off, accident, or incident," and the "individual's accomplishments and service throughout the period have reflected meritorious performance, with no instance of non-professionalism, mediocrity, or failure to display an aggressive spirit."

	b.  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 AM.  However, the regulation was clear that these guidelines were considered only a departure point.

	 	(1)  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.
	 	(2)  To be recommended for award of the AM, 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 AM 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his records should be corrected to show 15 additional awards of the AM (i.e., the AM with Numeral 16) because he accrued 763 hours of combat assault or combat support flight time.

2.  Records show the applicant served in the RVN in Duty MOS 67U2O as a
CH-47 Helicopter Mechanic.

   a. The evidence of record shows he was credited with a total of 763 total hours of flying time during the period of service under review.  It also shows –

    	(1)  He accrued 310 hours from 5 February 1969 through 26 August 1969. However, there is no evidence of certification of the flight hours accrued during this period.

    	(2)  He accrued 453 hours from 29 August 1969 through 19 May 1970 and the operations officer certified the flight hours accrued during this period.

   b.  The evidence of record shows, in pertinent part, an individual must have completed a minimum of 25 category I missions, 50 category II missions, or 
100 category III missions for award of the AM.

   c.  The types of combat missions cannot be determined from the evidence of record.  However, based on the applicant's duty position, award citations, and the available flight records, it is reasonable to conclude that the combat missions were category III missions.

   d.  The evidence of record is clear in that award of the AM requires formal recommendations, approval through the chain of command, and announcement in orders.  There is no evidence that shows the applicant was recommended for or awarded more than one AM.

   e.  However, based on the evidence of record (i.e., certification by the operations officer that the applicant accrued 453 flight hours) and the conclusion they were category III missions, this equates to four (4) additional awards of the AM for meritorious achievement while participating in aerial flight in the RVN during the period 29 August 1969 through 19 May 1970.

   f.  Thus, the available evidence supports the applicant's claim to four (4) additional awards of the AM.  Therefore, it would be appropriate to correct his records to show four additional awards of the AM (i.e., the AM with Numeral 5).

3.  The evidence of record shows:

   a.  the applicant qualified for award of the VSM and he participated in seven campaigns during his service in Vietnam.  Thus, he is authorized one silver service star and two bronze service stars for wear on his already-awarded VSM, and

   b.  DAGOs awarded the applicant's unit the –

* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation

4.  The applicant served a period of continuous, honorable active duty enlisted service from 25 October 1967 through 4 June 1970.

   a.  There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the first award of the AGCM.
   
   b.  He was awarded the BSM with "V" Device for heroism and the BSM for meritorious service in the RVN.  He was also awarded the ARCOM with "V" Device for heroism and the ARCOM for meritorious achievement in the RVN.

	c.  He was promoted to SP5 (E-5) and he received all "excellent" conduct and efficiency ratings during his service.

   d.  Based on the available evidence, it would be appropriate at this time to award the applicant the AGCM (1st Award).

5.  Therefore, in view of all of the foregoing, it would be appropriate at this time to correct the applicant's DD Form 214 to show his awards and decorations, as recommended below.


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:

	a.  awarding the applicant the AM with Numerals 2 through 5 for meritorious achievement while participating in aerial flight in the Republic of Vietnam from 
29 August 1969 to 19 May 1970 (Standard Name Line:  SP5, Company C, 
159th Aviation Battalion (Assault Helicopter), 101st Airborne Division);

   b.  awarding him the Army Good Conduct Medal (1st Award) for the period 
25 October 1967 through 4 June 1970 (Standard Name Line, same as above);

   c.  deleting all of the entries from item 24 of his 4 June 1970 DD Form 214; and

	d.  adding to item 24 of his 4 June 1970 DD Form 214 the following awards –

* Bronze Star Medal (1st Oak Leaf Cluster) with "V" Device 
* Air Medal with Numeral 5
* Army Commendation Medal (1st Oak Leaf Cluster) with "V" Device 
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Vietnam Service Medal with 1 Silver Service Star and 2 Bronze Service Stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar
* 4 Overseas Service Bars


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 15 additional 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)                                         AR20140013714



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ABCMR Record of Proceedings (cont)                                         AR20140013714



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