RECORD OF PROCEEDINGS


	IN THE CASE OF:	  

	BOARD DATE:	 5 February 2008 
	DOCKET NUMBER:  AR20070012464 


	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.


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	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, reconsideration of his request for award of a combat badge or combat medal and multiple awards of the Air Medal.

2.  The applicant states, in a letter initially written to the Board, in effect, that based on his initial application to the Board, he received his Vietnam Service Medal, with four bronze service stars; but, he is still missing his combat badge where he flew over 130 combat missions in either a direct or indirect support role.

3.  The applicant also states, in a follow-up DD Form 149, Application for Correction of Military Record, in effect, he received only one Air Medal and he thinks he should have received four or more Air Medals.  The applicant reiterates that he should have received a combat medal for his direct and indirect combat missions.  He summarizes his request by stating he flew more than four times the hours in combat than he has been given credit for.

4.  The applicant asks the Board to check on his combat medal because it will help him get his claim for PTSD (posttraumatic stress disorder) resolved.

5.  In support of his request for reconsideration, the applicant provides a copy of his DA Form 759, Individual Flight Record – Army Aviator; MACV [Military Advisory Command, Vietnam] Form 201, Air Medal Eligibility Record; ASCV [Army Support Command, Vietnam] Form 131, Awards and Decorations Qualification Record; a copy of Special Orders Number 168, paragraph 7, published by Headquarters, 765th Transportation Battalion, dated 10 September 1966; and a copy of Special Orders Number 250, paragraph 4, published by Headquarters, United States Army, Vietnam, dated 9 September 1966.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records, which were summarized, in the previous consideration of the applicant's case by the Army Board for the Correction of Military Records, in Docket Number AR20060005049, on 1 February 2007.

2.  The applicant's record shows he served in Vietnam from 2 July 1964 through 28 July 1965 and from 28 September 1965 through 9 October 1966.  While in Vietnam, he was assigned to the 258th Signal Detachment.

3.  Special Orders Number 250, paragraph 4, published by Headquarters, United States Army, Vietnam, dated 9 September 1966, shows the applicant was assigned to non-crewmember flight status on an unknown date.  Special Orders Number 12, paragraph 5, which was amended by these orders, is not in his service personnel record and is therefore not available for the Board's review.

4.  The applicant was awarded the Air Medal, for meritorious achievement while participating in aerial flight for the period 2 September 1964 through 12 December 1964, by General Orders Number 374, published by Headquarters, US Army Support Command, Vietnam, on 5 March 1965.

5.  The MACV Form 201 the applicant submitted in support of his request shows by 12 December 1964 he had accumulated 53.7 Category II mission hours and had participated in 66 Category II missions.  The applicant was awarded the Air Medal referred to in the paragraph above for 50 Category II flight hours and missions.  Three point seven Category II mission hours and 16 Category II missions were carried over for possible later recognition.

6.  The MACV Form 201 shows the applicant continued to accumulate flight hours.  Those hours which appear on the ASCV Form 131 were transposed to and are included in the MACV Form 201.  For the period 16 December 1964 through 29 January 1965, the end of the recorded hours and missions on this form, the applicant accumulated an additional 10 Category II missions and 18.4 Category II flight hours.  Adding the residual 3.7 Category II flight hours and 16 Category II missions, which were recorded by 12 December 1964 and not yet recognized through award of an Air Medal, the applicant had a total of 26 Category II missions and 22.1 Category II flight hours to his credit.  Using the USARV formula for adjusting hours to arrive at a "common time," the applicant is credited with 13 adjusted Category I missions and 11.05 adjusted flight hours towards award of a second Air Medal.

7.  The DA Form 759 the applicant provided, of which there is a copy in his military personnel file, shows for the period April through October 1966, he participated in 16 combat missions (Category I missions) and accumulated 16.8 hours of flight time as a non-crewmember.  The DA Form 759, through subtraction, also shows the applicant accumulated an additional 25.4 combat support hours (Category II hours). Using the USARV formula for adjusting hours to arrive at a "common time," the applicant is therefore credited with 17.7 adjusted Category I hours.  The number of missions flown in accumulating these flight hours is not available on the DA Form 759.  Adding these hours to the 16.8 combat hours specifically identified on the DA 

Form 759, he has a total of 40.55 Category I flight hours and over 29 Category I missions which can be credited towards award of a second Air Medal.  It is reiterated, the DA Form 759 does not show the number of flights participated in to achieve the number of Category II hours flown but, that is not an important consideration since the applicant did not accumulate sufficient hours to be awarded a third Air Medal.

8.  The applicant's unrecognized [through award of the Air Medal] flight hours and missions are as shown in the table below:

CATEGORY I AND CATEGORY II MISSIONS AND FLIGHT HOURS NOT RECOGNIZED THROUGH AWARD OF AIR MEDAL


Category of Mission

Missions

Hours
Adjusted Missions
Adjusted Hours
Cat I on 759
16
16.8
16
16.8
Cat II on 759
Unknown
25.4
Unknown
12.7
Cat II fm 201
26
22.1
13
11.05
Total


29 plus
40.55

9.  Item 41 (Awards and Decorations), of the applicant's DA Form 20, does not show he was awarded the Aircraft Crewman Badge as either a crewmember or non-crewmember and on either a temporary or permanent basis.

10.  Item 38 (Record of Assignments), of the applicant's DA Form 20, shows that the applicant consistently received "excellent" conduct and efficiency ratings.  There is no evidence of any breach of good order or discipline in his service personnel record that would preclude award of the Good Conduct Medal.

11.  The applicant's record shows he was released from active duty in Vietnam on 16 October 1966.

12.  Army Regulation (AR) 672-5-1, in effect at the time of the applicant's separation 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.  To be eligible for award of the 

Good Conduct Medal, Soldiers must meet all of the following criteria:  all conduct (character) and efficiency ratings must be recorded as "Excellent" except that ratings of "Unknown" for portions of the period under consideration are not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.

13.  AR 670-1, in effect at the time, governed the requirements for the overseas service bar.  In pertinent part, it provided that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States.  One overseas service bar is authorized for each six-month period served in the Republic of Vietnam.  To calculate the entitlement, both the month of a Soldier's arrival in and month of his departure are counted as a whole month no matter the number of days in that month that were spent in the hostile fire zone.

14.  AR 672-5-1, the Army Regulation governing military awards at the time in question provided for temporary and permanent award of the Aircraft Crewman 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 Crewman Badge.  To be eligible for temporary award of the Aircraft Crewman 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 were authorized to wear the badge temporarily until relieved from these duties or they could be authorized permanent wear of the Aircraft Crewman Badge once they had fulfilled the regulatory requirements for permanent award of the badge.  For permanent award of the Aircraft Crewman Badge, an individual must have performed in one of the duties specified above for not less than 12 months (not necessarily consecutive) or must have been school trained for a principal duty specified above.  Personnel who were precluded by incapacitation from further flight duty due to wounds sustained as a result of hostile action or injuries resulting from an aircraft accident for which they were not personally responsible were entitled to permanent wear of the Aircraft Crewman Badge.  Further, an individual who participated in at least 15 combat missions under probable exposure to enemy fire while serving in the principal 
duty of crew chief, flight engineer, aircraft maintenance supervisor, observer, gunner, or technical inspector was entitled to permanent award of the Aircraft Crewman Badge.

15.  USARV Regulation 672-1, Appendix IV, paragraph 4, states that for an individual to receive an award for a single act of achievement or heroism, the individual must have performed a specific act of merit or heroism over and above normal operational activities which is deserving of recognition but which does not warrant consideration for award of the Distinguished Flying Cross.

16.  USARV Regulation 672-1, Appendix IV, paragraph 5, states that to be considered for award of the Air Medal, individuals must have accumulated 25 Category I missions and must have accrued 25 hours of flight time while engaged in these Category I missions, or individuals must have accumulated 50 Category II missions and must have accrued 50 hours of flight time while engaged in these Category II missions, or individuals must have accumulated 100 Category III missions and must have accrued 100 hours of flight time while engaged in these Category III missions.  To adjust hours and missions to "common time," divide Category II missions and flight time by two and Category III missions and flight time by four.

17.  Army Regulation 600-8-22 (Military Awards) 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Air Medal for some of the missions and hours flown and recorded on the MACV Form 201 he provided the Board.

2.  Those hours recorded on the ASCV Form 131 were transposed to the MACV Form 210 and have already been recognized through award of the Air Medal.

3.  There is insufficient evidence to support the applicant's contention he flew in more than 130 combat-related missions in either a direct or indirect role.

4.  A calculation of the remaining hours and missions flown by the applicant and which are recorded on the MACV Form 201 and the DA Form 759 was accomplished.  The DA Form 759 the applicant provided, of which there is a copy in his military personnel file, shows for the period April through October 1966, he 


participated in 16 combat missions (Category I missions) and accumulated 16.8 
hours of flight time as a non-crewmember.  The DA Form 759, through subtraction, also shows the applicant accumulated an additional 25.4 combat support hours (Category II hours).  Using the USARV formula for adjusting hours to arrive at a "common time," the applicant is credited with 40.55 Category I adjusted hours towards award of a second Air Medal.  It should be noted the DA Form 759 does not show the number of flights flown to achieve the number of hours flown.  The applicant achieved the required 25 adjusted Category I flying hours and the available records show he had accumulated more than an adjusted 29 missions and therefore qualified for award of the second Air Medal, in effect, the Air Medal, with oak leaf cluster.  Based on the evidence of record, the applicant is therefore entitled to award of the Air Medal, with Numeral 2, and to have this award added to his DD Form 214.

5.  The evidence shows the applicant was assigned duties in a non-crewmember status on an unknown date.  However, there is no evidence, and the applicant has provided none, to show he was awarded an Aircraft Crewman Badge and that he performed the duties of a crew chief, flight engineer, aircraft maintenance supervisor, observer, gunner, or technical inspector for not less than 12 months.

6.  The applicant served in Vietnam for over 27 months, counting the month of his arrival and the month of his departure from Vietnam.  He is therefore entitled to award of four overseas service bars and to have these bars added to his DD Form 214.

7.  The applicant had "excellent" conduct and efficiency ratings throughout his time in the Army.  There is no evidence of indiscipline while he served on active duty.  The applicant was not awarded the Good Conduct Medal, it appears, more as a result of administrative oversight rather than something that the applicant did to disqualify himself from this award.  He is therefore eligible for award of the Good Conduct Medal for the period 17 October 1963 through 16 October 1966.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__x  __x ___  ___x  _  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMR’s decision in Docket Number AR20060005049 dated 1 February 2007 with partial 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, with Numeral 2, and adding this award to his DD Form 214;

	b.  awarding the applicant the Good Conduct Medal for the period 17 October 1963 through 16 October 1966 and adding this award to his DD Form 214; and

	c.  awarding the applicant four overseas service bars and adding these overseas service bars to his DD Form 214.

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:

	a.  recognition of the applicant's contention he flew in over 130 combat missions in either a direct or indirect support role and is therefore entitled to award of four or more Air Medals; and

	b.  that he is entitled to award of, it is believed, the Aircraft Crewman Badge, or an unspecified combat medal, for achievement or heroism while he served in Vietnam.




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          CHAIRPERSON


INDEX

CASE ID
AR20070012464
SUFFIX

RECON

DATE BOARDED

TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
PARTIAL GRANT
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.
107.0018
3.
107.0118
4.

5.

6.