IN THE CASE OF: BOARD DATE: 26 May 2016 DOCKET NUMBER: AR20150009456 BOARD VOTE: ____X____ ____X__ ____X___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 26 May 2016 DOCKET NUMBER: AR20150009456 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; b. deleting the Vietnam Service Medal from his DD Form 214 for the period ending 23 April 1973; and c. adding the following awards to his DD Form 214 for the period ending 23 April 1973: * Air Medal * Vietnam Service Medal with three bronze service stars * Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation * Republic of Vietnam Gallantry Cross with Palm 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. IN THE CASE OF: BOARD DATE: 26 May 2016 DOCKET NUMBER: AR20150009456 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 the Air Medal for his service in Vietnam. 2. The applicant states, in effect: * he was in Vietnam between 1971 to 1972, and flew as a door gunner on a Huey (Bell UH-1 Iroquois Helicopter) * he accrued 162 combat hours 3. The applicant provides: * DA Form 759 (Individual Flight Record and Flight Certificate – Army (Part I)) * DA Form 759-1 (Individual Flight Record and Flight Certificate – Army (Part II)) (2 pages) * memorandum, dated October 1971, Subject: Door Gunners Statement * DA Form 2496-1 (Disposition Form), dated 18 December 1971, Subject: Aircrew Orientation * memorandum, dated December 1971, Subject: Request for Addition to Flight Status 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 29 June 1970. 3. He was honorably released from active duty on 23 April 1973. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he completed 2 years, 9 months, and 1 day of net active creditable service. a. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) lists: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * one overseas service bar b. Item 30 (Remarks) states he served in Vietnam from 24 August 1971 to 20 April 1972. He has qualifying service for three campaigns: * Consolidation I (1 July 1971 to 30 November 1971) * Consolidation II (1 December 1971 to 29 March 1972) * Vietnam Cease-Fire (30 March 1972 to 28 January 1973) 4. His available service record does not contain a DA Form 20 (Enlisted Qualification Record) for his active duty period of service. Additionally, there are no records reflecting service as a door gunner, and no documents showing he maintained flight status while in Vietnam. 5. 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 Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Air Medal pertaining to the applicant. 6. The applicant provides: a. Memorandum, dated October 1971, shows the applicant was assigned to the 128th Helicopter Company and was found by the battalion surgeon to meet the physical standards for a door gunner. b. DA Form 759 for the period October through December 1971 shows the applicant was listed as a crewmember on a single engine rotary wing aircraft performing 93 flight hours. c. Two DA Forms 759-1 (Sheet Numbers 1-1 and 2-1, respectively) covering the period October through December 1971, shows he completed 25 combat missions on a UH-1 aircraft. The following entries with respect to flight time are indicated (all with combat (C) mission identifications (IDs)): Month/Year Hours Flown Number of Missions October 1971 22.0 3 November 1971 26.1 4 December 1971 55.2 10 January 1972 59.3 8 Total Flying Hours/Missions 162.6 25 d. Memorandum, dated December 1971, Subject: Request for Addition to Flight Status, indicates the applicant was assigned to a position as gunner, replacing another Soldier. 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. 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: 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. b. A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. 3. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided, in pertinent part, guidelines for award of the Air Medal. 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. a. Combat missions were divided into three categories. (1) 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. (2) 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. (3) 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. b. 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. 4. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists awards received by units during the Vietnam era. It shows the: a. The 128th Aviation Company (also listed as the 128th Assault Helicopter Company) was awarded the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation for the period 1 January 1971 to 31 December 1971 in Department of the Army General Order (DAGO) Number 32, dated 1973. b. All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on DAGO Number 8, dated 1974. DISCUSSION: 1. With respect to the Air Medal, the evidence provided by the applicant indicates he served in the 128th Aviation Company while in Vietnam. The evidence he provides further indicates he completed 25 combat missions for a total of 162 flight hours in the UH-1 as a door gunner. a. In Vietnam an individual recommended for the Air Medal must have completed a minimum of 25 category I missions and accrued a minimum of 25 hours of flight time. b. He served as door gunner and all missions in which he participated were classified as combat. This strongly suggests he flew category I combat missions for all 25 missions. Based on the foregoing, there appears to be sufficient evidence to support the requested relief. 2. He has qualifying service for three campaigns, and thus is eligible to have three bronze service stars added to his Vietnam Service Medal. His DD Form 214 does not reflect any of the campaigns in which he participated. 3. Additionally, the unit to which he was assigned while in Vietnam was awarded both the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. It would be appropriate to add these 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) AR20150009456 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150009456 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2