IN THE CASE OF: BOARD DATE: 4 February 2016 DOCKET NUMBER: AR20150006940 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 Purple Heart and correct number of Air Medals. 2. The applicant states the Purple Heart was omitted and the number of Air Medals is incorrect. 3. The applicant provides the following documents and/or Special/General Orders (SO/GO): * DD Form 214 * GO Number 12655, certificate, and citation for the Air Medal * GO Number 6732, certificate, and citation for the Air Medal * GO Number 12655 for the Air Medal * GO Number 11128 and certificate for the Air Medal with "V" Device * GO Number 6966 for the Purple Heart * GO Number 3461 for the Army Commendation Medal * GO Number 9275 and certificate for the Distinguished Flying Cross * GO Number 7788 for the Bronze Star Medal * Gunner Flying Duty Medical Clearance Statement * SO Number 153, Award of Crewmember of Flight Status * SO Number 124, Non-Aviator Crewmember Duty * Brave Eagle Coin Certificate * DA Form 759 (Individual Flight Record and Flight Certificate-Army) 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 14 June 1968 and held military occupational specialty 67N (UH-1 Helicopter Repairman). He served in Vietnam from 13 January 1969 to 19 December 1970. He was assigned to Company C, 158th Aviation Battalion (Assault Helicopter), but he also supported other units. 3. He was honorably released from active duty in the rank/grade of specialist five (SP5)/E-5 on 20 December 1970. He completed 2 years, 6 months, and 7 days of active service with no lost time. His DD Form 214 shows the: * National Defense Service Medal * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Aircraft Crewman Badge * Vietnam Campaign Medal * Vietnam Service Medal * Vietnam Cross of Gallantry with Palm Unit Citation * Air Medal (2nd Award) * Army Commendation Medal with "V" Device * Distinguished Flying Cross * Bronze Star Medal (2nd Award) * 3 overseas service bars 4. Headquarters, 101st Airborne Division, Vietnam published the following GO/SO, awarding him various awards: * GO Number 12655, on 2 October 1969, awarding the Air Medal for meritorious achievement from 28 February 1969 to 26 March 1969 * GO Number 3461, on 27 March 1970, awarding the Army Commendation Medal for service from October 1969 to February 1970 * GO Number 6732, on 16 June 1970, awarding the Air Medal for meritorious achievement from 11 March 1970 to 20 April 1970 * GO Number 6966, on 10 June 1970, awarding the Purple Heart for wounds received in action on 12 June 1970 * GO Number 7788, on 7 July 1970, awarding the Bronze Star Medal, for service from September 1969 to June 1970 * GO Number 9275, on 13 August 1970, awarding the Distinguished Flying Cross for heroism on 12 June 1970 during a combat assault near a landing zone * GO Number 11128, on 18 September 1970, awarding the Air Medal with "V" Device for heroism on 23 July 1970 during an extraction/evacuation mission * GO Number 13431, on 7 November 1970, awarding the Bronze Star Medal for service from February to October 1970 5. A review of his service record shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal. Also item 38 of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings during his military service. This is further confirmed by his DA Form 137 (Installation Clearance Record) where the Commander, C Company, 158th Aviation certified his excellent conduct and efficiency ratings. 6. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified 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 and no convictions by a court-martial. 7. Army Regulation 600-8-22 (Military Awards) provides for award of the Vietnam Service Medal. It states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. During his service in Vietnam, campaign participation credit was awarded for the campaigns below. A silver service star denotes five bronze service stars. * Vietnam Counteroffensive Phase VI (2 November 1968 to 22 February 1969) * Tet 69/Counteroffensive (23 February to 8 June 1969) * Vietnam Summer - Fall 1969 (9 June to 31 October 1969) * Vietnam Winter - Spring 1970 (1 November 1969 to 30 April 1970) * Sanctuary Counteroffensive (1 May to 30 June 1970) * Vietnam Counteroffensive Phase VII (1 July 1970 to 30 June 1971) 8. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his tenure with C Company, 158th Aviation Battalion in Vietnam (13 January 1969 to 19 December 1970) this unit was awarded the: * (158th Aviation Battalion) Valorous Unit Award, for service from 22 to 23 July 1970, by DAGO Number 50, dated 1971 * (C Company) Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 21 February to 14 May 1969 by DAGO Number 43, dated 1970 * (C Company) Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 2 February 1969 to 2 May 1970 by DAGO Number 48, dated 1971 9. 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. During 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 10. He submitted various forms related to flight hours, missions, and awards of the Air Medal. These forms show: a. DA Form 759 covering the period July 1969 through June 1970 that shows during his assignment to the 158th Aviation Battalion, he completed 1,505 of single engine, rotary wing, flying hours as a crewman. A breakdown of his flight hours accrued/flight hours shown by months is shown as follows: Month/Year Monthly Flying Hours July 1969 32 August 1969 32 September 1969 32 October 19 32 November 1969 32 December 1969 32 January 1970 32 February 1970 32 March 1970 32 April 1970 32 May 1970 32 June 1970 32 b. DA Forms 759-1, from March 1969 to July 1970, that shows he completed 1,313 Mission Symbol "C" flight hours as a UH-1H first pilot as follows: Month/Year Brought Forward Monthly Flying Hours Total Missions March/April 1969 0 132.2 132.2 29 May 1969 132.2 68.5 201 15 June 1969 201 113.8 315 24 July/August 1969 315 165.1 480 27 September 1969 480 80.4 560 15 October 1969 560 118.0 678 24 November 1969 678 78.4 756 18 December 1969, January/February 1970 756 153.7 910 31 March/April 1970 910 198.4 1,108 35 May 1970 1,108 104.1 1,212 21 June 1970 1,212 78.1 1,290 14 July 1970 1,290 103.2 1,393 20 Total 273 11. 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. 12. 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. 13. 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. 14. 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. GO awarded the applicant the Purple Heart for wounds received in action on 12 June 1970. This award is not listed on his DD Form 214. 2. He was received two awards of the Army Commendation Medal, one for achievement/service and one for valor. His DD Form 214 lists two awards but omitted the "V" Device. 3. GO awarded him the Army Good Conduct Medal (1st Award) which is not shown on his DD Form 214. 4. He was awarded the Vietnam Service Medal and he participated in six campaigns in Vietnam. He is authorized to wear a silver service star and a bronze service star on his already-awarded Vietnam Service Medal. 5. GO awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Valorous Unit Award, and Republic of Vietnam Civil Actions Honor Medal First Class Citation during his assignment to the unit. His DD Form 214 reflects the first award but not the other two unit awards. 6. He meets the criteria for award of the Army Good Conduct Medal (1st Award) based on completion of qualifying service ending with the termination of a period of Federal military service because: * he served honorably during the period 14 June 1968 through 20 December 1970 * he attained the rank of SP5/E-5, served in Vietnam, and received multiple combat/valor awards * he received "excellent" conduct and efficiency ratings throughout his military service 7. With respect to the Air Medal: a. He served in Vietnam from 13 January 1969 to 19 December 1970 and he performed flight duties with his unit as a crewmember on a UH-1H helicopter. The multiple forms he submitted, including the DA Forms 759 and DA Forms 759-1 clearly confirm he flew 1,393 hours, Mission Symbol "C." b. 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. The key in awarding the Air Medal is "missions" and "hours. "He was awarded the Air Medal for aerial flight from 28 February 1969 to 26 March 1969 and from 11 March 1970 to 20 April 1970 and for heroism on 23 July 1970. Given the narrative in his Distinguished Flying Cross (combat assault near a landing zone) and Air Medal with "V" Device (extraction/ evacuation mission), it is reasonable to presume his flight hours were category I missions. c. Each Air Medal would have required 25 Category I missions. Based on his DA Form 759-1, in the absence of additional information, each line within a month or a period of time is presumed to be one mission. So, based on the submitted DA Forms 759-1 from March/April 1969 to July 1970, he performed 273 missions. He already received two Air Medals (25x2=50 missions) which leaves him with 223 missions, which divided by 25 equals 8. He was awarded three awards of the Air Medal, one with the "V" Device, and he meets the criteria for an additional 8 Air Medals, for a total of 11 awards. 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: * awarding the applicant the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 14 June 1968 through 20 December 1970 * deleting the Vietnam Service Medal, Army Commendation Medal, and Air Medal (2nd Award) from his DD Form 214 * adding to his DD Form 214 the: * Army Good Conduct Medal (1st Award) * Purple Heart * Army Commendation Medal (2nd Award) and "V" Device * Air Medal (11th Award) and "V" Device * Vietnam Service Medal with one silver service star and one bronze service star * Valorous Unit Award * Republic of Vietnam Civil Actions Honor Medal First Class 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) AR20150006940 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150006940 8 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1