IN THE CASE OF:	 

		BOARD DATE:	  29 April 2010

		DOCKET NUMBER:  AR20090018140 


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 correction of his records to show an unspecified number of awards of the Air Medal based on his 148 hours of combat helicopter flight time.

2.  The applicant states his Army records show 148 hours of combat flight time and no awards of the Air Medal.

3.  The applicant provides copies of his DA Form 759 (Individual Flight Record and Flight Certificate - Army - Part I), DA Form 759-1 (Individual Flight Record and Flight Certificate - Army - Part II), and DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) 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 enlisted in the Regular Army on 24 August 1967.  He completed the required training and was awarded military occupational specialty (MOS) 67N (single rotor turbo helicopter mechanic).

3.  The applicant served in Vietnam from 23 March 1968 to 19 March 1969.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he was assigned to the following units in Vietnam:

* 282nd Assault Helicopter Company (29 March 1968 to 7 June 1968)
* 17th Assault Helicopter Company (13 June 1968 to 31 July 1968)
* Company B, 101st Aviation Battalion (1 August 1968 to 18 March 1969)

4.  The applicant's flight records show he completed a total of 148 flight hours of combat time from September 1968 through March 1969 as a crew chief.

5.  Item 41 (Awards and Decorations) on his DA Form 20 does not list awards of the Air Medal.

6.  He was separated on 15 August 1970.  His DD Form 214 does not show entitlement to any awards of the Air Medal.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant's unit, the 101st Aviation Battalion, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 43, dated 1970.

8.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) 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) 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.

9.  Army Regulation 600-8-22 (Military Awards) provides that Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The numeral 2 denotes the second award of the Air Medal.

10.  The applicant's DD Form 214 shows that he was awarded the Vietnam Service Medal, but it does not show he was awarded any bronze service stars to signify campaign participation credit.  Paragraph 2-13 of Army Regulation 
600-8-22 contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A silver service star is authorized in lieu of five bronze service stars.  Table B-1 shows that during the applicant's tour of duty in Vietnam he participated in the following campaigns:

* Tet Counteroffensive
* Vietnam Counteroffensive Phase IV
* Vietnam Counteroffensive Phase V
* Vietnam Counteroffensive Phase VI
* Tet 69 Counteroffensive 1969

11.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided for temporary and permanent award of the Aircraft Crewmember Badge currently known as the Aviation 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 Aviation Badge.  To be eligible for temporary award of the Aviation Badge, an individual had to be on flying status 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, and technical inspectors.

12.  Army Regulation 672-5-1 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 those duties or they could be authorized permanent wear of the Aviation Badge once they fulfilled the regulatory requirements for permanent award of the badge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's flight records confirm he flew a total of 148 combat flight hours in Vietnam during the period September 1968 through March 1969.  Therefore, calculations show he is eligible for five awards of the Air Medal for his 148 combat flight hours.

2.  A review of the applicant's service record shows he is entitled to additional awards that are shown on his DD Form 214.

3.  The evidence of record shows the applicant completed training as a single rotor turbo helicopter mechanic in MOS 67N and flew combat missions as a crew chief in Vietnam.  Therefore, he has met the requirements for award of the Aviation Badge.

4.  The applicant was assigned to a unit during a period it was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, this foreign unit award should be added to his DD Form 214.

5.  The applicant's DD Form 214 currently reflects the Vietnam Service Medal.  However, he received credit for participation in five campaigns during the Vietnam War.  Therefore, his DD Form 214 should be amended to reflect one silver service star (in lieu of five bronze service stars) for wear on his Vietnam Service Medal.

BOARD VOTE:

____X___  ___X____  ___X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to add the following awards:

* Air Medal with Numeral 5
* Aviation Badge
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Vietnam Service Medal with one silver service star



      ___________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)                                         AR20090018140



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ABCMR Record of Proceedings (cont)                                         AR20090018140



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