RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  31 May 2007
	DOCKET NUMBER:  AR20060017240 


	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. Gerard W. Schwartz

Acting Director

Mr. Michael L. Engle

Analyst

The following members, a quorum, were present:


Mr. William F. Crain

Chairperson

Mr. Donald L. Lewy

Member

Mr. Roland S. Venable

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of the Distinguished Flying Cross with “V” Device, additional awards of the Air Medal to total 30, the Senior or Master Aviator Badge, and all other awards he is entitled to receive for his service in the Republic of Vietnam. 

2.  The applicant states, in effect, that his military records were never properly completed and processed due to inactivation of his unit with less than 2 months remaining on his tour of duty.  He was separated from his commanding officer and his military records never followed him to Cam Rahn Bay Air Force Base where he was last assigned.  The base was under the operational control of a group of pilots who were transferred there from all over the country.  There was no organization, structure, or administration.  He says that he was the only chief warrant officer in a group of captain aviators.

3.  The applicant provides no additional documentation.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 20 December 1970, the date of his release from active duty.  The application submitted in this case is dated 27 November 2006.

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant requests correction of his records to show award of the Distinguished Flying Cross with “V” Device and award of 30 Air Medals.  There are no orders or other evidence authorizing award of the Distinguished Flying Cross or the 27th through 30th Air Medals to the applicant.  In the absence of a proper award authority for these decorations, the applicant may request award of them under the provisions of Section 1130 of Title 10, United States Code.  The applicant has been notified by separate correspondence of the procedures for applying for these decorations under Section 1130 and, as a result, they will not be discussed further in this Record of Proceedings. 

4.  On 24 November 1967, the applicant enlisted in the Regular Army for 2 years. He completed basic combat training and was subsequently enrolled in the United States Army Warrant Officer Flight Training Program.

5.  Special Orders Number 9, United States Army Aviator School, Fort Rucker, Alabama, dated 10 January 1969, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar.

6.  On 9 March 1969, the applicant was honorably discharged for the purpose of accepting a warrant officer appointment in the United States Army Reserve.  He was issued a DD Form 214 for his enlisted service.

7.  On 10 March 1969, the applicant was appointed a warrant officer one in the United States Army Reserve with concurrent call to active duty.  He was awarded military occupational specialty 100B (Rotary Wing Pilot).

8.  On 23 May 1969, the applicant was assigned for duty as a helicopter pilot with the 41st Field Artillery Group, in the Republic of Vietnam. 

9.  On 27 June 1969, the applicant was assigned for duty as a helicopter pilot with the 7th Battalion, 15th Field Artillery, in the Republic of Vietnam.  

10.  On 14 May 1970, the applicant was assigned for duty as a helicopter pilot with the 7th Battalion, 13th Field Artillery, in the Republic of Vietnam.  

11.  On 3 October 1970, the applicant was assigned for duty as a helicopter pilot with the 17th Aviation Group, in the Republic of Vietnam.

12.  Records show that the applicant completed a total of 2,862 flying hours as a helicopter pilot during his tour of duty in the Republic of Vietnam.  Of these, he completed 2,174 hours in combat. 

13.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for the award of the Army Aviator Badge.  There are three degrees of the aviator badges authorized for award.  They are the Basic Army Aviator Badge, Senior Army Aviator Badge, and the Master Army Aviator Badge.  Eligibility for award to United States personnel requires that an individual must have satisfactorily completed prescribed training and proficiency tests and must have been designated as an aviator in orders issued by the Commander, United States Army Aviation Center and Fort Rucker.  Award of the Senior Army Aviator Badge for United States personnel requires at least 7 years of rated aviation service 
(4 years must be as an Army aviator), 84 months of total operational flying duty credit (TOFDC), 1000 hours of flying time, and be medically qualified class II and military instrument qualified.  The Master Aviator Badge requires at least 
15 years of rated aviation service (12 years must be as an Army aviator), 
120 months of TOFDC, 2000 hours of flying time, and be medically qualified class II and military instrument qualified.

14.  On 15 December 1970, the applicant was returned to the United States.  On 20 December 1970, he was honorably released from active duty and transferred to the United States Army Reserve Control Group (Annual Training).  He had attained the rank of chief warrant officer two and had completed 3 years and 
27 days of creditable active duty.

15.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Forms 214, lists his awards as the National Defense Service Medal, Air Medal (26 awards), Bronze Star Medal with Oak Leaf Cluster, Army Commendation Medal, Vietnam Service Medal, Vietnam Campaign Medal, Army Aviator Badge, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  

16.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Forms 214.

17.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following five campaign periods: the TET 69 Counteroffensive, the Vietnam Summer-Fall 1969, the Vietnam Winter-Spring 1970, the DA Sanctuary Counteroffensive, and the Vietnam Counteroffensive, Phase VII.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star denotes participation in five campaigns.

18.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 41st Field Artillery Group, during the time of the applicant's assignment, was cited in general orders for award of the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation.  This publication also shows that the 7th Battalion, 15th Field Artillery Regiment, during the applicant’s assignment, was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 
DISCUSSION AND CONCLUSIONS:

1.  Records show that the applicant performed Army aviator duties for approximately 3 years, and not for the 7 or more years required for award of the advanced badges.  Therefore, his request for award of the Senior or Master Aviator Badge should not be granted.

2. The applicant’s unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation.  Therefore, his records should be corrected to show these foreign unit awards.

3.  Records show that the applicant participated in five campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of a silver service star to be affixed to his Vietnam Service Medal.

4.  Special Orders show the applicant qualified as an expert with his rifle. Therefore his records should be corrected to show award of the Expert Marksmanship Qualification Badge with Rifle Bar.

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 20 December 1970; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
19 December 1973.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence or argument, it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___RSV _  __DLL___  __WFC _  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION






BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that, in addition to the awards shown on his DD Forms 214, his authorized awards include a silver service star to be affixed to his Vietnam Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Expert Marksmanship Qualification Badge with Rifle Bar.

2.  The Board further determined that 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 Senior or Master Aviator Badge.






      __William F. Crain_________
          CHAIRPERSON




INDEX

CASE ID
AR20060017240
SUFFIX

RECON
 
DATE BOARDED
20070531 
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
  . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
131.0300
2.

3.

4.

5.

6.