BOARD DATE:	  28 July 2009

		DOCKET NUMBER:  AR20090004100 


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 that he awarded the Bronze Star Medal and any other awards he may be entitled to receive. 

2.  The applicant states that he believes awards were omitted from his record. 

3.  The applicant provides no substantiating documents. 

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 served on active duty in an enlisted status from September 1966 to September 1968 and he was separated in pay grade E-5 with an honorable characterization of service.  He completed advanced individual training (AIT) and was awarded military occupational specialty (MOS) 67N (UH-1 Helicopter Repairman).  The available records are severely limited and there is no DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for this period of service in the available records.

3.  He served in Vietnam from September 1967 to August 1968 as a medical evacuation helicopter crew chief with the 54th Medical Detachment, 74th Medical Battalion, 67th Medical Group, 44th Medical Brigade.  He was awarded the Silver Star, Distinguished Flying Cross, and the Air Medal.     

4.  The applicant enlisted on 20 June 1975 to attend warrant officer rotary wing flight training.  On 26 September 1976, he was subsequently discharged for the purpose of accepting an appointment as a warrant officer.  On 27 September 1976, he was appointed a warrant officer and designated an Army aviator.

5.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 for the period ending 26 September 1976 lists his authorized awards as the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Good Conduct Medal, Distinguished Flying Cross, Silver Star, Expert Marksmanship Qualification Badge with Rifle (M-16) Bar, and Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) and Grenade Bars.

6.  The applicant served at Fort Campbell, Kentucky with the 101st  Airborne Division for the remainder of his Army career.

7.  On 8 April 1980, the applicant retired due to physical disability - temporary.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 8 April 1980 lists his authorized awards as the Silver Star, Distinguished Flying Cross, Air Medal, National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal [with Device (1960)], Republic of Vietnam Gallantry Cross wit Palm Unit Citation, and the Expert Marksmanship Qualification Badge with Pistol (.38 Cal) Bar.

8.  His DA Form 2-1 (Personnel Qualification Record – Part II) shows that he attended two 8-week courses for training as an aviation crew chief and in aircraft maintenance.        

9.  On 10 August 1982 the applicant was awarded the Purple Heart for wounds sustained as a result of hostile action on 6 January 1968 and a DD Form 215 (Correction to DD Form 214) added that award to his 8 April 1980 DD Form 214.    
10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded in time of war or armed conflict for heroism or 
meritorious achievement or service to individuals who distinguish themselves by 
heroic or meritorious achievement or service, not involving participation in aerial flight.  As with all personal decorations, formal recommendations, approval through the chain of command, and 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. 

11.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

12.  Appendix B of Army Regulation 600-8-22 shows the campaigns periods for Vietnam.  During the applicant’s tour in Vietnam he participated in the Vietnam Counteroffensive, Phase III (1 June 1967 - 29 January 1968); Tet Counteroffensive (30 January - 1 April 1968); Vietnam Counteroffensive, Phase IV (2 April - 30 June 1968); and Vietnam Counteroffensive, Phase V (1 July – 
1 November 1968) campaigns.  The same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign, a silver service star is authorized in lieu of five bronze service stars.

13.  U.S. Army Vietnam (USARV) Regulation 672-1, in consonance with Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Aircraft Crewman Badge was authorized for permanent award to individuals on flight status who had served in a flying position for 12 months or more, were school trained, or had completed at least 15 combat missions.

14.  Military Personnel (MILPER) Message Number 00-138 (date/time group 101221Z April 2000) 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.  This message, in pertinent part, authorizes permanent award of the Basic Aviation Badge to individuals upon successful completion of AIT in career management fields (CMF) 67 (aircraft maintenance) and 93 (aviation operations) and to Soldiers who previously completed AIT in CMF 28 (aviation communications and electronic systems maintenance).  In all cases, successful completion of AIT or prior AIT is required.

15.  USARV Regulation 672-1 provided, in pertinent part, guidelines for award of the Air Medal.  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) was the standard established for which sustained operations were deemed worthy of recognition by an award of the Air Medal.

16.  Army Pamphlet 672-3 (Unit Citation and Campaign Credit Register) indicates that all Army units serving in Vietnam between 20 July 1965 and 28 March 1973 are authorized the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation.   Neither the applicant's unit, the 54th Medical Detachment, or its parent units, the 74th Medical Battalion, 67th Medical Group, or the 44th Medical Brigade, are listed as recipients of any other unit awards.

17.  Army Regulation 635-5 (Personnel Separations - Separation Documents) 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.  It states that awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 will be entered on the DD Form 214.  Each entry will be verified by the Soldier’s records.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states that he believes awards were omitted from his record.  

2.  Record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated during four campaign periods while serving in the Republic of Vietnam.  Therefore, he is entitled to award of four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 for the period ending 8 April 1980 should be corrected accordingly. 

3.  Considering that the applicant was school trained in MOS 67N, served         11 months in Vietnam in a flying status, and was awarded the Air Medal, he is also entitled to the Basic Aviation Badge.  Therefore, his records should be corrected to show this award.

4.  There is no available evidence to show that the applicant was recommended for or awarded the Bronze Star Medal while in Vietnam.  Given the quality of his service as evidenced by his personal decorations and his promotion to pay grade E-5, it would not have been unusual for him to have received the Bronze Star Medal.  However, considering the fact that the Bronze Star Medal was to be awarded only for instances "not involving participation in aerial flight" it appears he would not have met the eligibility criteria for the Bronze Star Medal.  Therefore, there is no basis for granting this portion of the applicant's requested relief.

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.  deleting from item 13 of the applicant's DD Form 214 for the period ending 8 April 1980 the Vietnam Service Medal;
 
   b.  awarding the applicant the Basic Aviation Badge; and

   c.  adding to item 13 of the applicant's DD Form 214 for the period ending
8 April 1980 the Vietnam Service Medal with four bronze service stars and Basic Aviation Badge.

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 showing that he was awarded the Bronze Star 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)                                         AR20090004100



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ABCMR Record of Proceedings (cont)                                         AR20090004100


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