RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  4 April 2008
	DOCKET NUMBER:  AR20080000584 


	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.


Ms. Catherine C. Mitrano

Director

Mrs. Nancy L. Amos

Analyst

The following members, a quorum, were present:


Mr. Eric N. Andersen

Chairperson

Mr. Peter B. Fisher

Member

Mr. Jeffrey C. Redmann

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 that item 23a (Specialty Number & Title) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be amended to include his secondary military occupational specialty (MOS) of 67N2F, UH-1 Helicopter Crew Chief.  He also requests award of the Air Medal.

2.  The applicant states that his DD Form 214 does not reflect his combat air time as a crew chief, and he was not awarded the Air Medal.  He started his tour in April 1970 as a helicopter mechanic with the 335th Aviation Company.  As he recalls, within the first month he transferred to the 1st Flight Platoon and flew combat missions as a crew chief for the remainder of his tour.  He believes he has more than 2500 flying hours and that there is a record of that someplace.  He recalls being grounded on a few occasions due to excess hours in a 30-day period.

3.  The applicant provides his DD Form 214; a statement from a former comrade who served with the applicant as his door gunner, along with that individual’s Air Medal and Army Commendation Medal orders; and a letter from a former helicopter pilot who remembers the applicant serving as a flight crew member, along with that individual’s DD Form 214.

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.  Most of the applicant’s records from his Regular Army service, to include his DA Form 20 (Enlisted Qualification Record), are not available.  Flight records are not available.


3.  The applicant enlisted in the Regular Army on 18 March 1969.  His DD Form 214 shows he served in Vietnam from 30 April 1970 through 5 April 1971, for which he would have received credit for participation in three campaigns.

4.  The available evidence of record shows the applicant, while assigned to      the 335th Aviation Company, completed a Class III type flight physical on            9 November 1970.

5.  The applicant received an Enlisted Efficiency Report (EER) for the period ending August 1971 from his last assignment.  This EER shows his primary MOS as 67N2O.

6.  The applicant was honorably released from active duty on 23 November 1971.  His DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Army Commendation Medal, one overseas bar, the Marksman Marksmanship Qualification Badge (Rifle M-16), the Sharpshooter Marksmanship Qualification Badge (Rifle M-14), and the Expert Marksmanship Qualification Badge (Hand Grenade).

7.  Item 23a (Specialty Number & Title) of the applicant’s DD Form 214 shows his specialty as 67N2O, UH-1 Helicopter Repairman.

8.  The applicant provided a letter of support from a former comrade.  He states he met the applicant the first day he was assigned to the unit (in July 1970), and they became friends as they were from the same State.  A few months later, the applicant transferred out of maintenance and into the 1st Flight Platoon, when his MOS then became 67N2F.  (Skill qualification identifier “F” designates flying status.)  After their unit moved to Dong Tam, he followed the applicant into the 1st Flight Platoon and became the applicant’s door gunner.  They flew together for several months, until he was promoted and got his own aircraft.  This individual was awarded the Air Medal 2d through 20th Award for the period       26 October 1970 to 25 May 1971.  Both he and the applicant were awarded the Army Commendation Medal on the same orders, he for the period 14 January 1971 to 14 March 1971 and the applicant for the period 15 January 1971 to       15 March 1971.

9.  The applicant provided a letter of support from a former helicopter pilot in the 335th Assault Helicopter Company (i.e., the 335th Aviation Company).  This individual states he remembers the applicant serving as a flight crew member when he was a pilot from May 1970 through May 1971.

10.  Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  The regulation in effect at the time stated the primary MOS code number and title would be entered in item 23a.

11.  Army Regulation 600-8-2 (Military Awards) provides for the award of the Air Medal to any person who will have distinguished himself while participating in aerial flight.  It is primarily intended to recognize those personnel who are on current crewmember or noncrewmember flying status which requires them to participate in aerial flight on a regular and frequent basis in the performance of their primary duties.  Involvement in such activities serves only to establish eligibility for award of the Air Medal; the degree of heroism, meritorious achievement or exemplary service determines who should receive the award.

12.  At the time, U.S. Army Vietnam Regulation 672-1 divided combat missions into three categories.  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.  A category II mission was characterized by support rendered a friendly force immediately before, during or immediately following a combat operation.  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.

13.  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 times and adjust it to a common denominator.

14.  Army Regulation 600-8-22 authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation.  Authorized bronze service stars will be worn on the appropriate campaign or service medal, including the Vietnam Service Medal.

15.  Department of the Army General Orders Number 8, 1974, announced   award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U. S. Military Assistance Command and its subordinate units 

during the period 8 February 1962 to 28 March 1973 and to Headquarters,        U. S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

16.  Army Regulation 670-1 prescribes the authorization for wear of uniforms and prescribes the awards, insignia and accouterments authorized for wear on the uniform.  In pertinent part, it states one overseas service bar is authorized for each period of 6 months active Federal service as a member of a U. S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival in Vietnam and the month of departure from Vietnam will count as a whole month for credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s DA Form 20 is not available and there is no other evidence of record to show that he performed duties as a crew chief.

2.  In addition, the DD Form 214 is meant to be a record of the member’s service as of his date of release or discharge from active duty.  The applicant’s EER for the period ending August 1971 indicates that at that time his primary MOS was 67N2O, not 67N2F.  Further, the instructions for completing item 23a of the DD Form 214 were to enter the primary MOS code number and title.  

3.  “UH-1 Helicopter Repairman” is the title of MOS 67N and therefore is the correct entry for item 23a of the applicant’s DD Form 214.  “Crew Chief” would have only been the title of a position authorized MOS 67N and therefore would not have been entered on the DD Form 214 in any case.

4.  Regarding the applicant’s request for award of the Air Medal, his contentions and his letters of support have been carefully considered.  It is acknowledged that his former door gunner was awarded the Air Medal 2d through 20th Award for about the same time as he and the applicant assert the applicant was performing crew member duties.  However, the Air Medal is not an automatic award.  Involvement in crew member activities serves only to establish eligibility for award of the Air Medal; the degree of heroism, meritorious achievement or exemplary service determines who should receive the award.

5.  The applicant’s flight records are not available; therefore, even though he passed a flight physical in November 1970, it cannot be confirmed by evidence of record that he performed crew member duties.  The letters of support are insufficient evidence to warrant award of the Air Medal.  However, if the applicant could obtain sworn statements from his commander, platoon leader, or anyone else from his chain of command to verify that the applicant indeed performed crew member duties and how many hours he flew, and to explain why the applicant was not recommended for award of the Air Medal at the time, he may apply for reconsideration.

6.  The applicant was credited with participation in three campaigns; therefore, he is eligible to wear three bronze service stars on his Vietnam Service Medal.

7.  All units assigned to Vietnam were later awarded the Republic of Vietnam Gallantry Cross with Palm Unit Award; therefore, this award should be added to the applicant’s DD Form 214.

8.  Although an overseas service bar is an item of uniform wear and not an award or decoration, the applicant’s DD Form 214 shows he is eligible to wear one overseas service bar.  However, he is eligible to wear two overseas service bars.  His DD Form 214 should be amended to reflect this fact.

9.  Evidence shows that the applicant’s records contain administrative errors which do not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__ena___  __pbf___  __jcr___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  The Board determined that administrative errors in the records of the individual concerned should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to amend his DD Form 214 to add the Republic of Vietnam Gallantry Cross with Palm Unit Citation, to show he is eligible to wear three bronze service stars on his already-awarded Vietnam Service Medal, and to show he is eligible to wear two overseas service bars instead of the one now reflected on his DD Form 214. 




__Eric N. Andersen____
          CHAIRPERSON