IN THE CASE OF:	

		BOARD DATE:	  5 January 2010

		DOCKET NUMBER:  AR20090012295 


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 be awarded the Air Medal and the Basic Aviation Badge.

2.  The applicant states he met the criteria for both awards but was never awarded them.  He received local training, was placed on flight status, and served as a door gunner for 4 months performing missions in Somalia.

3.  The applicant provides copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty), a DA Form 4186 (Medical Recommendation for Flying Duty), three leave and earnings statements (LES), a request for hazardous duty orders, orders terminating his hazardous duty, three DA Forms 759-E (Individual Flight Record and Certificate - Army), and three pages of a personal record of his flights.

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 enlisted in the Regular Army on 4 June 1992.  He completed training and was assigned duty at Fort Drum, New York.

3.  The applicant was deployed to Somalia in support of Operation Restore Hope from 14 January 1993 through 30 April 1993.

4.  A DA Form 4186 shows that the applicant passed a flight physical and was approved for flight status as a door gunner on 14 January 1993.

5.  A request for hazardous duty incentive pay as a door gunner was approved effective 14 January 1993.

6.  The DA Forms 759-E show that, for the period 14 January 1993 through 30 April 1993, the applicant had a total of 134.3 hours of which 130.3 were imminent danger flight hours.

7.  The applicant's personal flight log shows he had 44 missions with a total of 140 flight hours.

8.  The applicant's LES's for January, March, and April show receipt of flight and hazardous duty pay.

9.  Headquarters, 10th Mountain Division and Fort Drum, Fort Drum, New York, Orders 167-00230, dated 16 June 1993, terminated the applicant's duty as a crewmember effective 30 April 1993.

10.  The applicant was honorably released from active duty on 17 June 1994 for unsatisfactory performance.  He had 2 years and 14 day of creditable service with no lost time.

11.  His DD Form 214 shows his awards as the Army Service Ribbon, the National Defense Service Medal, and the Armed Forces Expeditionary Medal and that he served in Somalia from 14 January 1993 through 30 April 1993.

12.  The record contains no indication that the applicant was considered for or awarded the Air Medal.

13.  Army Regulation 600-8-22 (Military Awards), then in effect, provided the following:

	a.  The Air Medal was awarded to any persons who, while serving in any capacity in or with the U.S. Army, distinguished themselves by meritorious achievement while participating in aerial flight.  Awards may be made to recognize single acts of merit or heroism or for meritorious service.  Awards for meritorious service may be made for sustained distinction in the performance of duties involving regular and frequent participation in aerial flight for a period of at least 6 months.  In this regard, accumulation of a specified number of hours and missions will not serve as the basis for award of the Air Medal.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders was required.

	b.  The Aircraft Crewman Badge was renamed the Aircraft Crew Member Badge in 1995 and again renamed the Aviation Badge in 2000.  The Aircraft Crewman Badge was awarded to eligible Soldiers on either a temporary or permanent basis.  For temporary award of the Aircraft Crewman 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 were authorized to wear the badge temporarily until relieved from these duties or they may have been authorized permanent wear of the Aircraft Crewman Badge once they fulfilled the regulatory requirements for permanent award of the badge.  For permanent award of the Aircraft Crewman 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.  However, an individual who had participated in at least 15 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 was entitled to permanent award of the Aircraft Crewman Badge.

14.  Title 10, U.S. Code, section 1130, provides the legal authority for consideration of proposals for decorations not previously submitted in a 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 the 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.

15.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to the Secretary of the Army at the following agency:  U.S. Army Human Resources Command, Personnel Service Support Division, 200 Stovall Street, Room 3S67, Alexandria, VA  22332-0405.  The applicant's unit must be clearly identified, along with the period of assignment and the award being recommended.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Corroborating evidence is best provided by commanders, leaders and fellow Soldiers who had personal knowledge of the circumstances and events relative to the request.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he met the criteria for both awards but was never awarded them.  He received local training, was placed on flight status, and served as a door gunner for 4 months performing missions in Somalia.

2.  The applicant served as a door gunner in Somalia during Operation Restore Hope.  He met the criteria in effect at the time for permanent award of the Aircraft Crewman Badge by virtue of having participated in at least 15 missions under probable exposure to enemy fire while serving in the principal duty of door gunner.  It is appropriate to correct the record to show that the applicant is authorized award of the Basic Aviation Badge (formerly Aircraft Crewman Badge).

3.  The record does not contain and the applicant has not provided any documentation to show that he was considered for award of the Air Medal for a single act of merit or heroism.

4.  Further, the applicant did not perform duties involving regular and frequent participation in aerial flight for a period of at least 6 months in order to meet the criteria for award of the Air Medal for meritorious service.

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

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 showing the applicant is authorized the Basic Aviation Badge and by adding this badge to the awards already listed on his DD Form 214.

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 award 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)                                         AR20090012295



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ABCMR Record of Proceedings (cont)                                         AR20090012295



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