IN THE CASE OF: BOARD DATE: 17 January 2017 DOCKET NUMBER: AR20150014236 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x____ ___x____ ___x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 17 January 2017 DOCKET NUMBER: AR20150014236 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is 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. deleting the Vietnam Service Medal and the Air Medal from item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 24 March 1971; and b. adding to item 24 of his DD Form 214 for the period ending 24 March 1971, the: * Vietnam Service Medal with 3 bronze service stars * Air Medal with numeral "8" * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation * Republic of Vietnam Gallantry Cross with Palm Unit Citation 2. The Board further determined 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 award of the Air Medal (51st oak leaf cluster). ___________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. IN THE CASE OF: BOARD DATE: 17 January 2017 DOCKET NUMBER: AR20150014236 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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Air Medal (51st oak leaf cluster). 2. The applicant states he was awarded the Air Medal while serving in the Republic of Vietnam; however, he only received one Air Medal. He believes for every 25 hours of combat time he should have been awarded an additional Air Medal. He claims his flight records show that he finished his tour with 1,293 combat hours while serving in the Republic of Vietnam from March 1970 through March 1971. 3. The applicant provides: * DD Form 214 * DA Form 759 (Individual Flight Record and Flight 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 18 October 1968. 3. He completed the Warrant Officer Rotary Wing Aviator Primary and Advanced Courses and he was honorably discharged on 7 September 1969 to accept a commission. The DD Form 214 he was issued at the time of his discharge shows he completed 10 months and 20 days of total active service and he was awarded the: * National Defense Service Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber) 4. The applicant was appointed as a warrant officer of the Army of the United States on 8 September 1969. 5. The applicant subsequently served in the Republic of Vietnam for the period 28 March 1970 through 24 March 1971, where he was assigned to the 117th Aviation Company (Assault Helicopter) as a rotary wing aviator. 6. General Orders Number 6901, issued by Headquarters, 1st Aviation Brigade on 21 July 1970, awarded him the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam for the period 16 through 22 April 1970. 7. His record contains various forms related to flight hours, missions, and awards of the Air Medal. a. DA Forms 759 covering the period October 1969 through March 1971 shows during his assignment to the 117th Aviation Company (Assault Helicopter) he completed 347 hours of pilot combat time from October 1969 through June 1970 (Sheet Number 3) and he accrued 1193 hours of pilot combat time from July 1970 through March 1971 (Sheet Number 4); however, his DA Forms 759-1 provide a much clearer indication of his monthly combat hours. b. His records indicate he arrived in the Republic of Vietnam on 28 March 1970. DA Forms 759-1 dated from April 1970 to March 1971 shows he completed 1,084 Mission Symbol "C" flight hours as a UH-1H first pilot, copilot, or aircraft commander. Month/Year Monthly Combat Hours April 1970 70 combat hours May 1970 119 combat hours June 1970 120.9 combat hours July 1970 82.7 combat hours August 1970 126.8 combat hours September 1970 98 combat hours October 1970 98.1 combat hours November 1970 95.4 combat hours December 1970 102.1 combat hours January 1971 72.5 combat hours February 197 61.2 combat hours March 1971 37.5 combat hours Total combat hours 1,084.2 combat hours 8. The applicant was honorably released from active duty in the rank of chief warrant officer two on 24 March 1971. He completed 1 year, 6 months, and 17 days of net service during this period for a total of 2 years, 5 months, and 7 days of total active service with no lost time. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Army Aviation Badge * Vietnam Service Medal * Air Medal * Purple Heart * Army Commendation Medal * Bronze Star Medal REFERENCES: 1. 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 (Individual Flight Record and Flight Certificate – Army). 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 2. Army Regulation 600-8-22 (Military Awards) states that 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. 3. United States Army Vietnam (USARV) 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. 4. 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. 5. 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. 6. Army Regulation 600-8-22 further states: a. 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 Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more. 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. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign. Appendix B shows that during his service in Vietnam, participation credit was awarded for the following three campaigns: Vietnam Winter-Spring 1970, DA Sanctuary Counteroffensive and the Vietnam Counteroffensive Phase VII. 7. 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. During the period in which the applicant was assigned to the 117th Aviation Company (Assault Helicopter) his unit was cited for award of the: a. Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, for the period 1 May 1969 through 15 May 1970 by Department of the Army General Orders (DAGO) Number 55, dated 1971; and b. DAGO Number 8, dated 1974, awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973. DISCUSSION: 1. The applicant served in the Republic of Vietnam from 28 March 1970 to 24 March 1971 and he performed flight duties with his unit primarily as a first pilot, copilot, or aircraft commander on UH-1H helicopters. His DA Forms 759-1 confirm he flew 1,084 hours, Mission Symbol "C." a. Under USARV Regulation 672-1, aircrew members were required to have a minimum of 25 category I missions and 25 flight hours to qualify for each award of the Air Medal. He was awarded the Air Medal for aerial flight from 16 through 22 April 1970 for meritorious achievement. b. It is reasonable to presume his flight hours were category I missions. As his flight records do not clearly show the number or category of missions, it is presumed that he flew one mission per day. His records show he flew 212 days. Based on these assumptions, he flew a total of 212 category I missions. As the Air Medal criteria require both hours and missions, it appears he should have been awarded 8 Air Medals (212 category 1 missions / 25 missions = 8.4) based on missions not cumulative flight hours as he contends. As he received one Air Medal for aerial flight, his record should be corrected to show an additional 7 Air Medals for aerial flight. The Air Medal, when properly credited, is awarded based on the combination of flight hours and missions, which normally results in a lower number of Air Medals. It appears the applicant only took into consideration his flight hours when he requested correction of his record to show 52 Air Medals. By using the regulatory criteria in effect at the time, the applicant would have been credited with a total of 8 Air Medals. 2. Evidence shows the applicant served a period of qualifying service for award of the Republic of Vietnam Campaign Medal with Device (1960). 3. He was previously awarded the Vietnam Service Medal; however, his DD Form 214 does not reflect the three bronze service stars affixed to this award to denote his participation in three campaigns in the Republic of Vietnam. 4. Department of the Army Pamphlet 672-3 shows his unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. However, his DD Form 214 does not reflect these unit awards. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150014236 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150014236 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2