IN THE CASE OF:	   

		BOARD DATE:	        15 January 2009

		DOCKET NUMBER:  AR20080012305 


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 60 additional awards of the Air Medal and award of the Aircraft Crew Member Badge (currently known as the Basic Aviation Badge).  The applicant also requests correction of his records to show he was awarded the Meritorious Service Medal (2nd Oak Leaf Cluster), the Army Commendation Medal (1st Oak Leaf Cluster), the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and the Sharpshooter Qualification Badge with Rifle (M-16).

2.  The applicant states, in effect, that he was awarded the Aircraft Crew Member Badge and the Air Medal while in the Republic of Vietnam and was told by the operations clerk he was entitled to 60 awards of the air medal but never received the awards.  He continues that he started to check on the awards but he did not have proof of his flight hours but have since found his flight records and orders for other awards.  He concludes it would be unjust to deprive him of the air medals because he acquired the required hours of both combat and direct support flying hours.

3.  The applicant provides a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 28 December 1970; a 
DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 March 1988; five award orders; a letter of commendation; a course completion certificate; and DA Forms 759 and 759-1 (Individual Flight Record and Flight Certificate – Army) in support of this 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.  Records show the applicant enlisted in the Army on 18 January 1968.  His 
DA Form 2-1(Personnel Qualification Record) shows he served in the Republic of Vietnam from 16 September 1968 through 1 April 1970 while assigned to the 92nd Assault Helicopter Company as a UH-1 Helicopter Repairman.  He was released from active duty and placed on the retired list effective 31 March 1988.

3.  The applicant's DD Form 214 for the period ending 31 March 1988 shows he was awarded the Army Achievement Medal (First Oak Leaf Cluster), the Army Good Conduct Medal (6th Award), the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal with device 1960, the Vietnam Gallantry Cross with Palm Unit Citation, the Army Service Ribbon, the Overseas Service Ribbon (1), the NCO Professional Development Ribbon (1), the Driver and Mechanic Badge, Marksman Badge (M-16), the Meritorious Service Medal, and the Air Medal.

4.  Headquarters, U.S. Army Training Center Special Orders Number 75, dated 20 March 1968, awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

5.  A diploma from the U.S. Army Aviation School shows he completed the Single Rotor Utility Helicopter Repair Course (67N) on 5 July 1968.

6.  Headquarters, U.S. Army Aviation School Special Orders Number 221, dated 20 August 1968, awarded the applicant the Sharpshooter Qualification Badge with Rifle (M-16).

7.  Headquarters, 1st Aviation Brigade General Orders Number 7681, dated 
18 November 1968, awarded the applicant the basic Air Medal for the period 
26 September 1968 through 11 October 1968.
8.  Headquarters, VII Corps Permanent Orders Number 100-3, dated 23 August 1978, awarded the applicant the Army Commendation Medal (1st Oak Leaf Cluster).

9.  Headquarters, Fourth U.S. Army Permanent Orders Number 3-2, dated 
27 January 1988, awarded the applicant the Meritorious Service Medal (2nd Oak Leaf Cluster).

10.  The letter of commendation provided by the applicant shows he was selected as company Soldier of the month.

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 (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.  Review of the applicant's records indicates entitlement to awards that are not shown on his DD Form 214.

16.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows the campaigns for the Republic of Vietnam.  During the applicant's tour in the Republic of Vietnam he participated in five campaigns:  The Vietnam Counteroffensive Phase V; Vietnam Counteroffensive Phase VI; Tet 69 Counteroffensive, 1969; Vietnam Summer-Fall, and the Vietnam Winter-Spring.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign and a silver service star is authorized in lieu of five bronze service stars.

17.  Army Regulation 600-8-22 shows that the Noncommissioned Officer Professional Development Ribbon (NPDR) was established by the Secretary of the Army on 10 April 1981.  It is awarded to members of the Active Army, Army National Guard, and U.S. Army Reserve for successful completion of designated NPDR courses.  The regulation states that numerals are used to identify the highest level of Noncommissioned Officers Education System.  The basic ribbon is awarded for completion of the primary level (i.e. PLDC); numeral 2 is awarded for completion of the basic level (i.e. BNCOC); numeral 3 is awarded for completion of the advanced level (i.e. ANCOC); and numeral 4 is awarded for completion of the senior level (i.e. the U.S. Army Sergeants Major Academy).

18.  Army Regulation 600-8-22 shows that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

DISCUSSION AND CONCLUSIONS:

1.  The applicant is requesting award of the Air Medal Numeral 2 through 60.  In support of his request, he provided copies of DA Forms 759 and 759-1 (Individual Flight Record and Flight Certificate – Army), however, this forms were not authenticated by an authorized official.  There is also no evidence in the available records which supports the applicant's claim that he is entitled to additional awards of the Air Medal.  In the absence of such authenticated documents and evidence, there is no basis to grant the applicant's request.  

2.  Special Orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, he is entitled to have his records corrected to show this award.

3.  A diploma from the U.S. Army Aviation School shows he completed the Single Rotor Utility Helicopter Repair Course (67N) on 5 July 1968.  Therefore, he is entitled to have his records corrected to show award of the Aircraft Crew Member Badge (currently known as the Aviation Badge).

4.  Special Orders awarded the applicant the Sharpshooter Qualification Badge with Rifle (M-16).

5.  Permanent Orders awarded the applicant the Army Commendation Medal 
(1st Oak Leaf Cluster).  Therefore, he is entitled to have his records corrected to show this award.

6.  Permanent Orders awarded the applicant the Meritorious Service Medal 
(2nd Oak Leaf Cluster).  Therefore, he is entitled to have his records corrected to show this award.

7.  The applicant participated in five campaigns while in the Republic of Vietnam. Therefore, he is entitled to the wear one silver service star on his already awarded Vietnam Service Medal.

8.  The applicant records contain a DA Form 1059 (Service Academic Evaluation Report) which shows he completed the U.S. Army Sergeants Major Academy on 27 July 1984.  Therefore, his DD Form 214 will be corrected to show the Noncommissioned Officer Professional Development Ribbon with numeral 4.

9.  Block 5 (Overseas Service) of the applicant's DA Form 2-1 shows he  completed three overseas tours.  Therefore, his DD Form 214 will be corrected to show the Overseas Service Ribbon with numeral 3.

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 a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:  

	a.  by awarding him the Basic Aviation Badge;
   
   b.  deleting the Vietnam Service Medal, the Overseas Service Ribbon with numeral 1, the Noncommissioned Officer Professional Development Ribbon with numeral 1, and the Marksman Marksmanship Qualification Badge (M-16) from his DD Form 214 for the period ending 31 March 1988; and 

	c.  by adding the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), the Sharpshooter Qualification Badge with Rifle (M-16), the Army Commendation Medal (1st Oak Leaf Cluster), the Meritorious Service Medal 
(2nd Oak Leaf Cluster), the Basic Aviation Badge, the Noncommissioned Officer Professional Development Ribbon with numeral 4, the Overseas Service Ribbon with numeral 3; and the Vietnam Service Medal with one silver service star to the applicant's DD Form 214 for the period ending 31 March 1988.

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 60 additional awards of the Air Medal.




      _______ _   X_______   ___
               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)                                         AR20080012305





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ABCMR Record of Proceedings (cont)                                         AR20080012305



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