IN THE CASE OF:	  

		BOARD DATE:	  	  27 January 2009

		DOCKET NUMBER:  AR20080017862 


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, in effect, award of the Air Medal and Aircraft Crew Member Badge (now known as the Basic Aviation Badge).

2.  The applicant states, in effect, he is submitting documentation from his flight records that establishes his eligibility for the Air Medal and Aircraft Crew Member Badge.

3.  The applicant provides copies of Headquarters, 229th Attack Helicopter Battalion (AHB), Cavalry (Vietnam), letter, dated 29 February 1972, subject: Flight Duty Recommendation for [Applicant]; DA Form 2496-1 (Disposition Form), dated 29 February 1972, subject:  Request for Flight Status (Crew Member); Headquarters 3rd Brigade (Separate), 1st Cavalry Division (Airmobile) (Vietnam), Special Orders Number 70, dated 10 March 1972; and DA Form 759 (Individual Flight Record and Flight Certificate - Army) for the period February to May 1972 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 military personnel records show he enlisted in the U.S. Army Reserve Delayed Entry Program (DEP) on 28 April 1970 for a period of 6 years.  He was discharged from the DEP on 17 June 1970 and he enlisted in the Regular Army on 18 June 1970 for a period of 3 years on 18 June 1970.  Upon completion of basic combat and advanced individual training, he was awarded military occupational specialty (MOS) 68D (Aircraft Power Train Repairman).

3.  The applicant's military personnel records contain a DA Form 2-1 (Personnel Qualification Record).

   a.  Item 5 (Oversea Service), in pertinent part, shows that he served in the U.S. Army Pacific (USARPAC) in the Republic of Vietnam (RVN) from 27 August 1971 through 1 July 1972.

   b.  Item 35 (Record of Assignments) does not show any of the applicant’s assignment history prior to 22 August 1973.

   c.  Item 9 (Awards, Decorations and Campaigns) does not show award of the Air Medal or Aircraft Crew Member Badge.

   d.  Item 33 (Date) shows the DA Form 2-1 was prepared on 13 September 1976 and that the applicant last reviewed the document on 13 January 1989.

4.  The applicant’s military personnel records contain a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) that shows he entered active duty on 18 June 1970 and was honorably discharged for the purpose of immediate reenlistment on 29 March 1973.  At the time he had completed 2 years, 9 months, and 12 days of net active service this period.  Item
24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the Bronze Star Medal, National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and 1 Overseas Service Bar.  Item
32 (Signature of Person Being Transferred or Discharged) shows the applicant placed his signature on this document.



5.  The applicant’s military personnel records contain a DD Form 214 (Report of Separation from Active Duty) that shows he entered active duty this period on
30 March 1973 and was honorably discharged for the purpose of immediate reenlistment on 30 January 1977.  At the time he had completed 3 years,
10 months, and 1 day of net active service this period; 2 years, 9 months, and
12 days of prior active service; and 6 years, 7 months, and 13 days of total active service.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the Good Conduct Medal, National Defense Service Medal, Armed Forces Expeditionary Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and 1 Overseas Service Bar.  Item 29 (Signature of Person Being Separated) shows the applicant placed his signature on this document.

6.  The applicant’s military personnel records contain a DD Form 214 that shows he entered active duty this period on 31 January 1977 and was honorably discharged for the purpose of immediate reenlistment on 30 January 1979.  At the time he had completed 2 years of net active service this period; 6 years,
7 months, and 13 days of prior active service; and 8 years, 7 months, and
13 days of total active service.  Item 26 shows he was awarded the Good Conduct Medal (2nd Award), National Defense Service Medal, Armed Forces Expeditionary Medal (Korea), Vietnam Service Medal, Republic of Vietnam Campaign Medal, and 1 Overseas Service Bar.  Item 29 shows the applicant placed his signature on this document.

7.  The applicant’s military personnel records contain a DD Form 214 (Certificate of Release or Discharge from Active Duty) that shows he entered active duty this period on 31 January 1979 and was honorably retired for length of service on
30 June 1990.  At the time he had completed 11 years and 5 months of net active service this period; 8 years, 7 months, and 13 days of total prior active service; and 1 month and 20 days of total prior inactive service.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the Bronze Star Medal, Army Commendation Medal, Army Achievement Medal with 5 Oak Leaf Clusters, Good Conduct Medal (6th Award), National Defense Service Medal, Armed Forces Expeditionary Medal (Korea), Vietnam Service Medal with 2 bronze service stars, Noncommissioned Officer Professional Development Ribbon with Numeral 3, Army Service Ribbon, Overseas Service Ribbon with Numeral 2, Republic of Vietnam Campaign Medal, Driver and Mechanic Badge with Driver - W Bar, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the U.S. Army Recruiter Badge with 3 Gold Achievement Stars.  Item 21 (Signature of Member Being Separated) shows the applicant placed his signature on this document.
8.  The applicant’s military personnel records are absent orders or any other evidence that he was awarded the Air Medal or Aircraft Crew Member Badge.

9.  In support of his application, the applicant provides the following documents.

     a.  Headquarters, 229th AHB, Cavalry (Vietnam), letter, dated 29 February 1972, subject:  Flight Duty Recommendation, that shows the applicant was medically cleared for flight duty.

     b.  DA Form 2496-1, dated 29 February 1972, subject:  Request for Flight Status (Crew Member), that shows the Operations Officer, Company A,
229th AHB, 1st Cavalry Division (Air Mobile) (Vietnam) requested the applicant be placed on flying status with duty as a crew chief effective 24 February 1972.

     c.  The front page of Headquarters, 3rd Brigade (Separate), 1st Cavalry Division (Airmobile) (Vietnam), Special Orders Number 70, dated 10 March 1972, that shows, in pertinent part, the applicant was assigned to hazardous duty as a crew chief effective 24 February 1972.  The authentication/signature page of this order is not provided.

     d.  DA Form 759 for the period February to May 1972 that shows the Operations Officer, Company A, 229th AHB, Task Force “Garry Owen” certified that the applicant’s duty was crew chief and he accrued a total of 202 hours.  The document does not specify the types or categories of missions.  The DA Form 759 also shows the applicant’s records were closed on 29 June 1972.

10.  A search of the U.S. Army Human Resources Command, Awards and Decorations Computer Assisted Retrieval System for the Vietnam Conflict failed to produce a copy of any orders showing award of the Air Medal or Aircraft Crew Member Badge to the applicant.

11.  Army Regulation 600-8-22 (Military Awards) provides 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.

12.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided, in pertinent part, guidelines for award of the Air Medal for sustained operations.  It also established that passenger personnel who did not participate in an air assault were not eligible for the award based upon 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,” 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.”

13.  U.S. Army Vietnam Regulation 672-1 also 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.

     a.  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.

     b.  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.

14.  Army Regulation 672-5-1 (Military Awards), in effect at the time in question, provided for temporary and permanent award of the Aircraft Crew Member 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 Crew Member Badge.  To be eligible for temporary award of the Aircraft Crew Member 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 Crew Member Badge once they have fulfilled the regulatory requirements for permanent award of the badge.  For permanent award of the Aircraft Crew Member 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.  

15.  Headquarters, Military Personnel (MILPER) Message Number 00-138, date/time group 101221Z April 2000, in pertinent part, changed the name of the Aircraft Crew Member Badge to the Aviation Badge and changed the criteria for award of the Basic, Senior, and Master Aviation Badges.  The Basic Aviation Badge may be authorized for temporary award or for permanent award while the Senior Aviation and Master Aviation Badges may only be authorized for permanent award.  The commander of any Army unit, which has Army aircraft assigned, may authorize temporary award of the Basic Aviation Badge to qualified personnel in the unit.  Such individuals must be performing in-flight duties and authority to wear the badge must be announced in published orders.

16.  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 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.  The applicant contends, in effect, his records should be corrected to show award of the Air Medal and the Aircraft Crew Member Badge.  
2.  The applicant offers no explanation as to the reason(s) he reviewed and authenticated four DD Forms 214 over the course of his 20-year military career, all which failed to show award of the Air Medal or Aircraft Crew Member Badge.

3.  There are no orders or other evidence that shows the applicant was awarded the Air Medal based on heroism, meritorious achievement, or meritorious service while participating in aerial flight in the RVN during the period 27 August 1971 through 1 July 1972.  In addition, the applicant fails to provide sufficient documentary evidence to support his claim to an award of the Air Medal.  Therefore, there is no basis for correcting the applicant’s records in this case.

4.  The evidence of record shows the applicant was school trained as an Aircraft Power Train Repairman.  There is no evidence the applicant was school trained for one of the principal duties (i.e., crew chief, electronic sensor system operator, flight engineer, aircraft maintenance supervisor, observer, gunner, or technical inspector) required for permanent award of the Aircraft Crew Member Badge. The evidence of record shows the applicant was assigned to duty as a crew chief on 24 February 1972 and served in the duty assignment through May 1972.  This period of service equates to 3 months and 5 days service as a crew chief.  Thus, records fail to show the applicant was school trained for an authorized principal duty or that he performed one of the specified duties for a period of not less than 12 months, as required for permanent award of the Aircraft Crew Member Badge.  Therefore, in view of the foregoing, there is no basis for correcting the applicant’s records in this case.

5.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.  Therefore, there is no justification for granting the applicant's request.

6.  While the available evidence is insufficient for awarding the applicant the
Air Medal, this in no way affects the applicant’s right to pursue his claim for the Air Medal 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

____X____  ____X____  ____X____  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.




      __________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)                                         AR20080017862



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080017862



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1