IN THE CASE OF:	  

		BOARD DATE:	  18 June 2015

		DOCKET NUMBER:  AR20140018379


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, that he be awarded additional Air Medals for his service in the Republic of Vietnam.  

2.  The applicant states: 

* the number of Air Medals was miscalculated
* he was awarded the Air Medal (1st through 6th Award) 
* his flight hours in the Republic of Vietnam were 1,193 as a first pilot and 337 as an aircraft commander

3.  The applicant provides copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), DA Form 759 (Individual Flight Record and Flight Certificate – Army – Part I), and DA Form 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 attended Warrant Officer Candidate School at Fort Rucker, AL and on 26 September 1967, he accepted an appointment as a Reserve warrant officer of the Army.  He was awarded military occupational specialty (MOS) 062B (Helicopter Pilot).  

3.  He accepted an appointment as a Reserve commissioned officer of the Army on 26 November 1969, in the rank of first lieutenant, as a Rotary Wing Aviator.    

4.  He served in the Republic of Vietnam from on or about 23 October 1967 to on or about 2 June 1969.  He was assigned to the 155th Aviation Company (Assault Helicopter) until on or about 30 June 1968 and then was assigned to the 201st Aviation Company on or about 1 July 1968 until he departed the Republic of Vietnam on or about 2 June 1969.  

5.  He participated in various combat missions during his service in the Republic of Vietnam.  His record contains several DA Forms 759 and DA Forms 759-1 that show his flight hours and mission types.  A summary DA Form 759, dated 28 July 1969, shows his entire service in the Republic of Vietnam from October 1968 to June 1969.  It captures his completion of 336 flight hours as an aircraft commander and 1,193 hours as a first pilot for a total of 1,529 flight hours.  The corresponding DA Forms 759-1 show 394 combat missions were completed while accruing these hours (emphasis added).    

6.  Headquarters, 1st Aviation Brigade, APO, San Francisco, published the following General Orders (GO) pertaining to the applicant:

* GO Number 453, dated 31 January 1968, awarded him the Air Medal for meritorious achievement while participating in aerial flight during the period 30 October 1967 to 25 November 1967
* GO Number 7624, dated 16 November 1968, awarded him the Air Medal (1st Oak Leaf Cluster) with "V" Device for his heroism on 30 January 1968 
* GO Number 8096, dated 9 December 1968, awarded him the Air Medal for meritorious achievement while participating in aerial flight during the period 25 November 1967 to 6 October 1968
* GO Number 2647, dated 8 June 1969, awarded him the Air Medal (First through Sixth Oak Leaf Cluster) for the period 7 October 1968 to 11 May 1969

7.  On 24 September 1971, he was honorably released from active duty and transferred to the U.S. Army Reserve in the rank/grade of captain/O-3.  His DD Form 214 shows he was credited with completing 5 years, 1 month, and     29 days of total active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or authorized the: 

* Distinguished Flying Cross
* Air Medal (1st Oak Leaf Cluster) with "V" Device
* Air Medal (1st-6th Oak Leaf Cluster)
* Air Medal
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Vietnam Service Medal 
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Aviation Badge 
* Bronze Marksmanship Medal (German)
* two overseas service bars

8.  His record is void of documentation that shows he was recommended for or awarded any additional awards of the Air Medal.  

9.  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 orders for any additional awards of the Air Medal.

10.  Army Regulation 95-1 (Flight Regulation) provided guidance for 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 Symbol" column on the DA Form 759-1 lists a single character to identify the type of mission performed.  During the Vietnam War, the following mission symbols 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 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.

12.  U.S. Army Vietnam (USARV) 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 were made to combine category I, II, and III flight times and adjust it to a common denominator. 

13.  A review of the applicant's record indicates he is entitled to additional awards not shown on his DD Form 214.  

14.  Special Orders Number 62 issued by Headquarters, 69th Artillery Group, APO, NY, dated 27 March 1970, awarded him the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 cal).

15.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A silver service star will be worn in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, the applicant participated in the following six campaigns:

* Vietnam Counteroffensive, Phase III  (1 June 1967 – 29 January 1968)
* TET Counteroffensive  (30 January 1968 – 1 April 1968) 
* Vietnam Counteroffensive, Phase IV  (2 April 1968 – 30 June 1968) 
* Vietnam Counteroffensive, Phase V  (1 July 1968 – 1 November 1968) 
* Vietnam Counteroffensive, Phase VI  (2 November 1968 – 22 February 1969) 
* TET 69 Counteroffensive  (23 February 1969 – 8 June 1969)

16.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the unit to which he was assigned:

	a.  The 155th Aviation Company (Assault Helicopter) was cited for award of the Republic of Vietnam Gallantry Cross with Palm Citation, for the period            15 October 1965 through 11 January 1971, in Department of the Army General Orders (DAGO) Number 6, dated 1974.  

	b.  The 201st Aviation Company was cited for award of the Meritorious Unit Commendation for the period 1 July 1968 through 31 December 1968, in DAGO Number 36, dated 1970. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that he be awarded additional Air Medals for his service in the Republic of Vietnam was carefully considered.    

2.  The applicant served with two separate aviation units in the Republic of Vietnam, from 23 October 1967 to 2 June 1969.  His record documents an uncertain number of previous awards of the Air Medal; however, the latest General Order contained in his records indicates he was awarded the Air Medal (First thru Sixth Oak Leaf Cluster), indicating he was awarded at least seven previous awards of the Air Medal, including one with the "V" Device.

3.  A review of his DD Forms 759 and 759-1 shows he completed 394 combat missions while accruing 1529 flight hours as a first pilot or aircraft commander.  The exact mission category type (assault, support, combat operations…etc) is unknown; however, given the type of unit he was assigned to and the totality of the combat situation at the time, it is reasonable to presume these missions were Category I missions.  

4.  Under USARV Regulation 672-1, aircrew members were required to complete a minimum of 25 Category I missions and accrue a minimum of 25 hours of flight time to qualify for each award of the Air Medal.  Therefore, dividing the lower number (in this case 394 combat missions) by 25 (Category I missions and flight hours required for each award) equals 15.  It appears this is the total number of Air Medal awards, plus one with the "V" Device, that he should have been awarded under the criteria in effect at the time.  Accordingly, it would be appropriate to correct his DD Form 214 to show the Air Medal with Numeral 16 (under current policy) and with "V" Device. 

5.  The evidence of record shows he participated in six campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show the Vietnam Service Medal with one silver and one bronze service star.

6.  General orders awarded his units of assignment in the Republic of Vietnam the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  These unit awards are not shown on his DD Form 214 for the period ending 24 September 1971; therefore, he is entitled to correction of his DD Form 214 to show these unit awards. 
7.  Special orders awarded him the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 caliber), which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this marksmanship badge.  

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 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:

     a.  awarding him the Air Medal with Numeral 16 and with "V" Device for the period 23 October 1967 to 2 June 1969 and    

     b.  amending his DD Form 214 by deleting the "VNSM," "AM," "AM w/1st OLC, W/V DVC," and "AM 1ST-6TH OLC," and adding the:

* Air Medal with Numeral 16 and with "V" Device
* Vietnam Service Medal with one silver and one bronze service star
* Meritorious Unit Commendation 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Marksman Marksmanship Qualification Badge with Pistol Bar (.45 cal)




      _______ _   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



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ABCMR Record of Proceedings (cont)                                         AR20140018379



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