IN THE CASE OF:	  

		BOARD DATE:	        27 MAY 2009

		DOCKET NUMBER:  AR20090001373 


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 Bronze Star Medal and the Aircraft Crewmember Badge.

2.  The applicant states that he served in military occupational specialty (MOS) 67A (Aircraft Maintenance) for 9 months from on or about 5 June 1971 to on or about 1 February 1972 and was assigned to an aviation unit.  He adds that he flew nearly 450 hours as a gunner on a UH-1H helicopter, and received his crewmember wings, the Air Medal, and the Bronze Star Medal.  However, the Bronze Star Medal and the Aircraft Crewmember Badge are not entered on his DD Form 214.  He also adds that his flight records have been lost.

3.  The applicant provides a self-authored letter, dated 15 January 2009, and a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 21 March 1972.

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 inducted into the Army of the United States on 20 August 1969.  He was honorably discharged on 26 August 1969 for the purpose of immediate enlistment in the Regular Army and subsequently executed a 3-year enlistment on 27 August 1969.  He completed basic combat and advanced individual training and was awarded MOS 31M (Radio Relay Operator).  He was honorably separated in the rank/grade of specialist four (SP4)/E-4 and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 21 March 1972.  

3.  The applicant's records also show he served in the Republic of Vietnam from on about 3 May 1970 to on or about 19 March 1972.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he was assigned to various units as follows:

	a.  from on or about 3 May 1970 to on or about 18 May 1970, he was assigned to the 313th Signal Company, 199th Infantry Brigade, as a Radio Relay Operator; 

	b.  from on or about 18 May 1970 to on or about 6 October 1970, he was assigned to Company B, 125th Signal battalion, 25th Infantry Division, as a Radio Relay Operator;

	c.  from on or about 6 October 1970 to on or about 8 December 1970, he was assigned to the Signal Support Agency Phu Lam as a Fixed Station Technical Controller; 

	d.  from on or about 8 December 1970 to on or about 9 June 1971, he was assigned to Headquarters and Headquarters Detachment, 2nd Signal Group, as a Door Gunner in MOS 67A; and

	e.  from on or about 9 June 1971 to on or about 1 March 1972, he was assigned to Headquarters and Headquarters Company, 1st Signal Brigade, as a Door Gunner in MOS 67A.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, the Republic of Vietnam Campaign Medal with 1960 Device, the Vietnam Service Medal, the Army Commendation Medal, and the Air Medal.  Item 24 does not show award of the Bronze Star Medal and/or the Aircraft Crewmember Badge.

5.  The applicant's records contain documentation pertaining to a request for flight status as follows:

	a.  in a memorandum, dated 12 July 1971, addressed to the commanding officer of the 2nd Signal Group, the applicant's immediate commander requested the applicant be issued orders placing him in flight status effective 12 July 1971.  The immediate commander stated that the applicant was required to participate regularly and frequently in aerial flights as a crewmember; 

	b.  in an endorsement, dated 20 July 1971, the Assistant Adjutant, 2nd Signal Group, stated that the request was returned for additional documentation.  In accordance with applicable U.S. Army Vietnam Regulation (USARV) in effect at the time, a statement from a flight surgeon was required on the applicant's physical fitness; 

	c.  an unsigned statement, certifying that the applicant was medically qualified to perform duties as an aerial gunner.

	d.  there is no indication in the applicant's records that the request was resubmitted and/or was approved.

6.  The applicant's records do not contain his flight record and/or orders awarding him the Bronze Star Medal.

7.  In a self-authored statement, dated 15 January 2009, the applicant states that he served as a gunner on a UH-1H with the 1st Signal Brigade in the Republic of Vietnam and acquired over 400 hours of flight time.  He adds that he was given his crewmember flight wings as well as the Air Medal and the Bronze Star Medal and that some of these awards are not shown on his DD Form 214.

8.  The Army Regulation governing military awards 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 this 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.  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 Crew Member 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.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  

10.  Title 10 of the U.S. Code, section 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.  The applicant contends that he should be awarded the Bronze Star Medal and the Aircraft Crewmember Badge.

2.  With respect to the Bronze Star Medal, there is no evidence in the applicant's records and the applicant did not provide any evidence that shows he was recommended and/or was awarded the Bronze Star Medal.  Army regulation states that for personal decorations, formal recommendation, approval through the chain of command, and announcement of orders are required.  Therefore, there is insufficient evidence to award the applicant the Bronze Star Medal in this case.

3.  While the available evidence is insufficient for awarding the applicant the Bronze Star Medal, this in no way affects the applicant’s right to pursue his claim for the Bronze Star Medal by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

4.  With respect to the Aircraft Crewmember Badge, the applicant's assignment as a door gunner for 9 months and his award of the Air Medal are noted.  However, there is no evidence in the applicant's records that shows he performed duties as a gunner for not less than 12 months (not necessarily consecutive), that he was school-trained for a principal duty as a gunner, or that he participated in at least 15 combat missions under probable exposure to enemy fire while serving in the principal duty of gunner.  Therefore, he does not meet the criteria for a permanent award of the Aircraft Crew Member Badge.

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.



      _______ _ 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)                                         AR20090001373





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090001373



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1