PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 12 April 2001
         DOCKET NUMBER: AR2001051262


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Ms. Joyce A. Wright		Analyst

The following members, a quorum, were present:

Mr. Roger W. Able		Chairperson
Mr. Donald P. Hupman		Member
Mr. Richard T. Dunbar		Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

---

2. The applicant requests, in effect, that his DD Form 214 (Report of Transfer
or Discharge) be corrected to show that he was awarded the Aviation Badge
(formerly known as the Aircraft Crew Member Badge) and the Air Medal.

3. The applicant states, in effect, that his DD Form 214 does not show the Aviation Badge or the Air Medal. He also states that a minimum of 50 hours
of flight time is required for the award of the Air Medal. He further states that
he has accumulated approximately 1,000 hours of flight time in a UH-1 helicopter. He goes on to state that he was awarded the Aviation Badge, that
he has earned his wings, and that he is entitled to award of the Air Medal. In support of his application he submits a copy of his DD Form 214 and two character references from fellow soldiers.

4. The applicant’s military records show that he enlisted as an aircraft maintenance repairman (67A). He served in Vietnam as helicopter
mechanic (67N20), machine gunner (67A1F), and as a crew chief (67N2F)
from 27 June 1969 to 25 July 1970 and was honorably discharged on 19 November 1971.

5. The applicant’s DD Form 214 shows he was awarded the National
Defense Service Medal, the Vietnam Service Medal with three bronze service stars, the Vietnam Campaign Medal, and the Sharpshooter Qualification Badge with Rifle Bars (M16 and M14). The applicant’s DD Form 214 does not show
the Aircraft Crew Member Badge or the Air Medal as authorized awards. Records contain orders confirming award of the Army Commendation Medal.

6. Item 21 (Military Education) of the applicant’s DA Form 20 (Enlisted Qualification Record) shows he completed training as a aircraft maintenance apprentice (67A10) and as a utility helicopter mechanic (67N20). Records contain orders confirming award of primary military occupational specialty (PMOS) 67N20 and confirming that he was appointed as a nonaviator-crewmember crew chief effective 24 October 1969.

7. Records show that the applicant had a current class III flight physical and
was cleared to perform flying duties effective 1 April 1969; however, there are
no flight hours recorded in the applicant’s personnel records or flight records to show hours flown. There also is no evidence that he was recommended for or awarded the Air Medal.







8. There is no indication in the applicant’s personnel records that show he
was awarded the Good Conduct Medal. There also is no evidence that the applicant was disqualified by his unit commander for award of the Good
Conduct Medal. His records show that he received excellent conduct and efficiency ratings during his entire period of service. There is no evidence
of derogatory information contained in the available records.

9. Army Regulation 600-8-22 provides, in pertinent part, that the Aircraft Crew Member Badge may be permanently awarded for successful completion of
formal AIT in career management field 67 MOS’s.

10. The Army Regulation governing military awards at the time in question provided for temporary and permanent award of the Aircraft Crew Member Badge. The regulation authorized the commander of any unit with Army
aircraft assigned to publish orders allowing qualified members of that command to wear the Aircraft Crew Member Badge. To be eligible for temporary award of the Aircraft Crew Member Badge an individual had to be on flying status as a crew chief in the case of crew chiefs, electronic sensor system operators, and flight engineers or as a non-crewmember in the case of observers, medical aidmen, gunners, aircraft maintenance supervisors, or technical inspectors.
The regulation also required individuals to be qualified based on a Class III physical examination, and to hold a principal duty assignment as a crew chief, flight engineer, aircraft maintenance supervisor, observer, gunner, or technical inspector. These personnel are authorized to wear the badge temporarily until relieved from these duties or they may be authorized permanent wear of the Aircraft Crew Member Badge once they have fulfilled the regulatory requirements for permanent award of the badge.

11. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, 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.

12. U.S 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. Fifty Category II missions (air land or parachute resupply not connected with a combat assault, forward air control, aircraft recovery not connected with a combat assault, aero-medical evacuation not connected with a combat assault, flare drop in support of a specific combat operation and troop lift in support of combat operations not connected with a combat assault) and accrual of a minimum of 50 hours of
flight time while engaged in Category II 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.

13. U.S Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, guidelines for award of the Air Medal for sustained operations. Appendix IV of the regulation required that recommendations for award of the Air Medal for crewmembers or non-crewmembers on flying status will be submitted on USARV Form 157-R. The recommendation for award must also state that the individual has “met the required number of missions and hours for award of the Air Medal”, and that “the individual has not caused, either directly or indirectly, an aircraft abort, late take-off, accident or incident”, and that the “individual’s accomplishments and service throughout the period have reflected
meritorious performance, with no instance of nonprofessionalism, mediocrity, or failure to display an aggressive spirit”.

14. Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

CONCLUSIONS:

1. The evidence of record shows that the applicant successfully completed training in MOS 67A10 and 67N20, was awarded the PMOS of 67N20,
served as a helicopter mechanic (67N20), machine gunner (67A1F), and as a crew chief (67N2F) while serving in Vietnam. Therefore, he is entitled to correction of his records to show award of the Aircraft Crew Member Badge.

2. The Board notes the applicant’s contentions that a minimum of 50 hours
of flight time is required for the award of the Air Medal and that he has accumulated approximately 1,000 hours of flight time in a UH-1 helicopter; however, there is no evidence in the available records, and the applicant has provided no evidence, to show that he accumulated approximately 1,000 hours of flight time in a UH-1 helicopter while serving in Vietnam.
3. The evidence of record shows that the applicant was appointed as a nonaviator-cremember crew chief, had a current class III flight physical, and was cleared to perform flying duties; however, there are no flight hours recorded in the applicant’s personnel records or flight records to show hours flown. There also is no evidence to show that he was recommended for or awarded the Air Medal. Therefore, he is not entitled to this award.

4. The Board notes that the applicant was awarded the Army Commendation Medal. Therefore, he is entitled to correction of his records to show this award.

5. The evidence of record shows that he is entitled to the first award of the Good Conduct Medal for the period 13 January 1969 through 19 November 1971
based on completion of a period of qualifying service ending with the termination of a period of Federal military service. Therefore, he is entitled to correction of his records to show this award.

6. 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 for the individual concerned be corrected by Aviation Badge, the Army Commendation Medal and the first award of the Good Conduct Medal for the period 13 January 1969 through 19 November 1971.

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

BOARD VOTE:

__ra___ __dh____ __rd____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ______Roger W. Able____
                  CHAIRPERSON

---

INDEX

CASE ID	AR2001051262
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20010412X
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	19711119
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT/DENY
REVIEW AUTHORITY
ISSUES 1. 46 AM
2. AVNBDG
3.
4.
5.
6.