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Decision Text

ARMY | BCMR | CY1996 | 199610172C070209
Original file (199610172C070209.txt) Auto-classification: Approved
2.  The applicant requests award of the Air Medal and Aircraft Crew Member Badge.

3.  The applicant states that, during his tour of duty in Vietnam, he voluntarily flew a number of missions, estimated between one hundred and two hundred hours of flight time as a door gunner.  He believes that if he had been assigned to a unit based in Chu Lai with proper administrative support, he would have already received these awards.

4.  Records available to the Board show that the applicant was born on 
15 April 1950.  He was inducted into the Army on 21 October 1968 and awarded the MOS 95B20 (Military Policeman).  On 12 October 1970, applicant was discharged with an Honorable characterization of service and transferred to the Army Reserve.  He received the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal w/60 device, two awards of the Army Commendation Medal, the Good Conduct Medal, Expert Marksmanship Badge (M-14 Rifle) and two Overseas Bars. His DD Form 214 (Report of Separation) does not show the Air Medal or the Aircraft Crew Member Badge as authorized awards.  The Board notes that the applicant is entitled to the Vietnam Cross of Gallantry with Palm Unit Citation Badge which is not shown on his DD Form 214.

5.  On 27 October 1969, applicant was transferred to Americal Combat Center in the Republic of Vietnam and assigned to the 23rd Military Police Company, serving 11 months and 15 days in Vietnam.

6.  There are no flight records or other evidence indicating how many hours applicant actually flew.  However, the applicant has submitted eyewitness statements from fellow soldiers stating that the applicant did fly aviation missions as a door gunner or observer.

7.  There is no evidence of record which shows that the applicant completed requirements for or was otherwise qualified for award of the Aircraft Crew Member Badge.  There is no indication in the applicant’s records that he was awarded this badge.

8.  The applicant was awarded the Vietnam Cross of Gallantry with Palm Unit Citation Badge by Department of the Army General Order 42, dated 1972.

9.  U.S. Army Vietnam (USARV) Regulation 672-1 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) 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.  Nothing created an entitlement to the award.

10.  Army regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Aircraft Crew Member Badge. For permanent award of this badge, an individual must be on flying status, have performed as a crew chief, flight engineer, aircraft maintenance supervisor, observer, gunner, technical inspector, or flight inspection technician, or is school trained for principal duties as listed above.

CONCLUSIONS:

1.  Eyewitness statements confirm that the applicant flew voluntarily on his “off duty time” as a door gunner or observer on aviation missions while assigned as a military policeman in Vietnam.  Based on these statements, the applicant is entitled to one award of the Air Medal.

2.  There is no evidence of record available to the Board, and the applicant has provided no evidence of record, which shows that he was on flight status, trained for aviation crew duties or was otherwise qualified for award of the Aircraft Crew Member Badge.  Therefore, he is not entitled to correction of his records to show this badge.

3.  The applicant was awarded the Vietnam Cross of Gallantry with Palm Unit Citation Badge; therefore, he is entitled to correction of his records to show this award.

4.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Air Medal and the Vietnam Cross of Gallantry with Palm Unit Citation Badge.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

                       GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION




		                                   
		        CHAIRPERSON

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