IN THE CASE OF:	  

		BOARD DATE:	        7 August 2008

		DOCKET NUMBER:  AR20080006437 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests award of the Air Medal and the Flight Wings [sic] (Aircraft Crewmember Badge).

2.  The applicant states that he served with the 170th Aviation Company (Ambulance), 52nd Aviation Battalion as a door gunner from July 1969 to October 1969 in the Republic of Vietnam.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 2 August 1971; and a copy of letter, dated 16 December 2007, to a member of Congress, in support of his application.

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.  The applicant's records show he enlisted in the Regular Army for a period of 4 years on 31 October 1967.  He completed basic combat and advanced individual training and was initially awarded military occupational specialty (MOS) 16D (Rocket Crewman).  He was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 2 August 1971.  The highest rank/grade he attained during his military service was specialist four (SP4)/E-4.

3.  The applicant’s records also show he served in the Republic of Vietnam during the period from 5 January 1969 to 4 January 1970.  His record further shows he served in various capacities and was assigned to different units as follows:

	a.  from 5 January 1969 to 8 June 1969, he was assigned to B Battery, 6th Battalion, 56th Artillery, as a Missile Launcher Crewman; 

	b.  from 9 June 1969 to 4 December 1969, he was assigned to the 170th Aviation Company (Ambulance) as a Machine Gunner.  Furthermore, during this period of assignment, he was also awarded MOS 67A (Aircraft Maintenance Apprentice), effective 26 June 1969.  Additionally, during his assignment to the 170th Aviation Company, the applicant was reduced to the rank/grade of private first class (PFC)/E-3, as a result of misconduct, under the authority of Article 15 of the Uniform Code of Military Justice; and

	c.  from 5 December 1969 to 1 January 1970, he was assigned to the 119th Aviation Company (Combat), as a Machine Gunner.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of the applicant’s DD Form 214, dated 12 July 1967, shows he was awarded the National Defense Service Medal, the Vietnam Service Medal with four bronze service stars, the Republic of Vietnam Campaign Medal, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), the Expert Marksmanship Qualification Badges with Pistol Bar (.45 Caliber), and the Expert Marksmanship Qualification Badges with Rifle Bar (M-16).  Item 24 does not show award of the Air Medal or the Aircraft Crewmember Badge.

5.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show award of the Air Medal or the Aircraft Crewmember Badge.

6.  There are no general or special orders in the applicant's records that show he was awarded the Air Medal or the Aircraft Crewmember Badge.

7.  The applicant's flight record that documented his flight history and qualifications is not available for review with this case.

8.  During the processing of this case, a member for the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal any Air Medal or Aircraft Crewmember badge orders on file for the applicant.

9.  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.

10.  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.  However, the regulation was clear that these guidelines were considered only a departure point.  

11.  Combat missions were divided 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.

12.  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 time and adjust it to a common denominator.

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 non-professionalism, mediocrity, or failure to display an aggressive spirit.”

14.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Aircraft Crew Member Badge may be permanently awarded for successful completion of formal advanced individual training in career management field 67 military occupational specialties.

15.  The Army Regulation governing military awards at the time in question provided for temporary and permanent award of the Aircraft Crewmember 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 Crewmember Badge.  To be eligible for temporary award of the Aircraft Crewmember 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 Crewmember Badge once they have fulfilled the regulatory requirements for permanent award of the badge.  



16.  For permanent award of the Aircraft Crewmember 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 are 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 are not personally responsible are entitled to permanent wear of the Aircraft Crewmember Badge.  Further, an individual who has 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 is entitled to permanent award of the Aircraft Crew Member Badge.

17.  Title 10 of the United States Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

DISCUSSION AND CONCLUSIONS:

1.  With respect to award of the Air Medal, the applicant's record is void of his flight record and there are no general orders that show the applicant was awarded the Air Medal.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required for award of the Air Medal.  Therefore, there is insufficient evidence upon which to base award the applicant the Air Medal in this case.

2.  With respect to award of the Aircraft Crewmember Badge, the evidence of record shows that the applicant was awarded MOS 67A on 26 June 1969 and performed duties of gunner from 9 June 1969 to 4 December 1969.  Therefore he would have been authorized to wear the badge temporarily until relieved from his duties.  Furthermore, there is no evidence that the applicant was school trained in MOS 67A.  Additionally, his period of service as a gunner was less than the required 12 months and was marred by misconduct as evidenced by his reduction under Article 15; therefore disqualifying him from award of the Aircraft Crewmember Badge. 


3.  While the available evidence is insufficient for awarding the applicant the Air Medal or the Aircraft Crewmember Badge, this in no way affects the applicant’s right to pursue his claim for the Air Medal or the Aircraft Crewmember Badge by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__xxx___  __xxx___  __xxx___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.


															XXX
      ______________________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080006437



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ABCMR Record of Proceedings (cont)                                         AR20080006437



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