IN THE CASE OF:	   

		BOARD DATE:	  16 April 2015

		DOCKET NUMBER:  AR20140015717 


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 (Report of Separation from Active Duty) for the period ending 30 June 1975 by adding the Air Medal he believes he was awarded during his service in Vietnam.

2.  The applicant states:

* he believes the Air Medal was requested around April 1971 but he never received it
* he tried to correct his records in 1974 but again did not receive the award
* in August 1974 he contacted the former Operations Officer for the unit with which he served in Vietnam; the Operations Officer had submitted the recommendation for the applicant's Air Medal
* the Operations Officer provided a statement affirming the applicant's Air Medal had been requested
* he is a life member of the Vietnam Helicopter Pilots Association (VHPA) and is one of very few without an Air Medal
* the Air Medal is an award he could display proudly and is one he believes he earned by virtue of his service in combat

3.  The applicant provides:

* a letter and statement from the former Operations Officer for the applicant's unit in Vietnam
* DD Form 214 for the period ending 30 June 1975
* 

* DA Form 759 (Individual Flight Record and Flight Certificate - Army
(Part I)) for the period July to December 1971 and January to April 1972

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.  After having prior enlisted service in the U.S. Air Force, U.S. Air Force Reserve and in the Regular Army, the applicant was appointed a dual-status Reserve warrant officer of the Army and an enlisted Soldier in the Regular Army.  He executed an Oath of Office on 2 March 1968 while serving in Vietnam.  He received training as an Army aviator after his return to the Continental U.S.  

3.  On 28 May 1970, he returned to Vietnam as an Aviation warrant officer.  He was initially assigned as an Aviation Maintenance Officer in Headquarters and Headquarters Company (HHC), 2nd Brigade, 1st Cavalry Division (Airmobile) from on or about 4 June 1970 to on or about 31 October 1970.  He was then assigned as the Maintenance Officer and Aircraft Technical Representative for Headquarters and Support Company (HSC), 15th Medical Battalion (Airmobile), 1st Cavalry Division (Airmobile) from on or about 1 November 1970 to on or about 7 April 1971.

4.  He was honorably released from active duty as a warrant officer on 18 April 1972 and enlisted in the Regular Army the next day in the rank/grade of specialist six/E-6.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 18 April 1972 shows he was awarded or authorized the:

* Bronze Star Medal (3rd Award)
* Vietnam Service Medal with silver service star
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Aviator Badge
5.  On 30 June 1975, he was placed on the Retired List as a chief warrant officer two.  He had completed 20 years, 9 months, and 18 days of total service for retired pay.  His DD Form 214 for the period ending 30 June 1975 showed he was awarded or authorized the:

* Bronze Star Medal (3rd Award)
* Army Good Conduct Medal (4th Award)
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Army Aviator Badge
* Aircraft Crew Member Badge
* Mechanic's Badge with Propeller Bar

6.  His records show two tours in Vietnam for the periods on or about 20 February 1968 to 2 February 1969 and 28 May 1970 to 7 April 1971.  Regarding the Air Medal, a thorough review reveals his records are void of any orders showing this award at any point during his career.  

	a.  Item 41 of his DA Form 20 (Enlisted Qualification Record) does not show an Air Medal.

	b.  Item 21 of his two DA Forms 66 (Officer Qualification Record) is void of any entry showing the Air Medal.

	c.  Item 9 of his DA Form 2-1 (Personnel Qualification Record - Part II) does not contain an entry for the Air Medal.

7.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command, failed to reveal any orders for the Air Medal.

8.  During his service in Vietnam, during the period 28 May 1970 to 7 April 1971, he completed various combat missions.  His DA Forms 759-1 (Individual Flight Record and Flight Certificate - (Army Part II)), addressing the period May 1970 to April 1971, shows the following entries with respect to flight time (all with combat mission identifications (IDs)): 


Month/Year
Hours Flown
May 1970
0.0
June 1970
20.2
July 1970
41.5
August 1970
41.3
September 1970
35.1
October 1970
38.5
November 1970
30.1
December 1970
23.3
January 1971
29.6
February 1971
22.7
March 1971
26.6
April 1971
0.5
Total Flying Hours
309.4
9.  His DA Form 759-1 also shows he had 219 combat missions and flew both the Bell UH-1 Iroguois (commonly referred to as the Huey) and the Hughes OH-6A Cayuse (nicknamed the Loach) while assigned to HHC, 2nd Brigade, and only the UH-1 while assigned to HSC, 15th Medical Battalion.  The UH-1 served a variety of purposes and many times was used as a troop transport during combat as well as for medical evacuations, while the OH-6A was often used for reconnaissance.

10.  Army Regulation 95-1 (Flight Regulation) covers aircraft operations, crew requirements, and flight rules.  The regulation specifies that each crew member must present his or her individual flight records to the unit of assignment.  The flying experience and qualification data for each rated crew member and flight surgeon in aviation service and each non-rated crew member will be documented on several forms among which are the DA Form 759 and the DA Form 759-1.  The "Mission Data" column on the DA Form 759-1 lists a single character for the mission identification (ID).  During the Vietnam War, the following Mission IDs were used:

Mission Symbol
Service Missions
A
Acceptance Test Flight
F
Maintenance Flight
S
Service Mission
T
Training Flight
X 
Experimental Test Flight
C
Combat Mission
11.  Army Regulation 600-8-22 (Military Awards) states:

	a.  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.  The version of the regulation in effect at the time the applicant served stated that an Oak Leaf Cluster 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 oak leaf clusters for the second and succeeding awards of the Air Medal.  The Numeral 2 denotes the second award of the Air Medal.

	b.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  After five campaigns, a silver service star is worn in place of the bronze service star.

12.  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 15th Medical Battalion was awarded, in DAGO 42, 1972, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1969 to 1 February 1970.

13.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided, in pertinent part, 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.  

14.  Combat missions were divided into three categories.  

	a.  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.  Category I missions can include aero-medical evacuation from the assault area and visual reconnaissance immediately preceding a combat assault.

	b.  A category II mission was characterized by support rendered a friendly force immediately before, during or immediately following a combat operation.  These missions would include aero-medical evacuation not connected with combat assault and armed and/or visual reconnaissance.

	c.  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.  Included are aero-medical evacuation and visual reconnaissance.

15.  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.

DISCUSSION AND CONCLUSIONS:

1.  With respect to the Air Medal, the applicant served in Vietnam with the HHC, 2nd Brigade from 4 June 1970 to on or about 31 October 1970, then HSC, 15th Medical Battalion (Airmobile) from on or about 1 November 1970 to on or about 7 April 1971.  Both units were within the 1st Cavalry Division (Airmobile).  Records show he completed 309 combat flying hours in both the UH-1 and the OH-6A helicopters and 219 combat missions.  

	a.  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.

	b.  He served as the Aviation Maintenance Officer and Aviation Technical Representative, which suggests flying combat missions occurred in addition to his normal duties.  His first unit was a combat brigade, in which he flew both the UH-1 and the OH-6A.  It is reasonable to presume he flew reconnaissance missions in the OH-6A as well as combat missions in the UH-1.  The second unit to which he was assigned was a medical battalion, and he flew the UH-1 exclusively.  It is quite likely he flew missions that entailed aero-medical evacuation. 
	c.  It is reasonable to presume he flew category I missions during the entire period.  As such, this would have qualified him for eight awards of the Air Medal (per USARV 672-1, 219 category I missions divided by 25 assault missions per award).  His records should be corrected to show these awards.

2.  He has qualifying service in Vietnam for a silver service star and one bronze service star with his already awarded Vietnam Service Medal.  Additionally, he was assigned to the 15th Medical Battalion when it was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Both awards should be added to his DD Form 214 for the period ending 30 June 1975. 

BOARD VOTE:

___x____  ____x___  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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:

	a.  Awarding the applicant the Air Medal with the Numeral 8.

	b.  Deleting the Vietnam Service Medal from the DD Form 214 for the period ending 30 June 1975.

	c.  Adding the following awards to his DD Form 214 for the period ending 30 June 1975:

* Air Medal with Numeral 8
* Vietnam Service Medal with one silver service star and one bronze service star


* Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20140015717





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ABCMR Record of Proceedings (cont)                                         AR20140015717



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