IN THE CASE OF:	  

		BOARD DATE:	  25 May 2010

		DOCKET NUMBER:  AR20090020111 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart, three Air Medals, Air Crewman wings (taken to mean the Aircraft Crew Member Badge and currently known as the Aviation Badge), and any other awards he is authorized.

2.  The applicant states that in addition to the Purple Heart and Air Medal, he received the Aircraft Crew Member Badge.  He further states he believes he should receive at least two additional Air Medals and requests award of the Army Good Conduct Medal.

3.  The applicant provides a copy of his DD Form 214, a Purple Heart Certificate, a recommendation for the Silver Star, and Air Medal orders with citation.

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 records show he enlisted in the Regular Army on 22 September 1970.  He was awarded the military occupational specialty of flight operations coordinator specialist.  The highest rank/grade he held was spescialist four/E-4.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) during the period 27 April 1971 to 21 March 1972.  Evidence based on various orders contained in the applicant's records indicate he was assigned to Troop D, 1st Squadron, 1st Cavalry, 23d Infantry Division, as a flight operations coordinator for the period of 26 April 1971 to 21 March 1972.  The general orders awarding him the Silver Star state he was serving as gunner/observer on an OH-6A helicopter when it was engaged by enemy fire and crashed.

4.  The applicant's official military personnel file contains:

	a.  General Orders Number 10405 awarding him the Purple Heart for wounds received in connection with military operations against a hostile force on 16 September 1971; and

	b.  General Orders Number 12571 awarding him the Air Medal for meritorious achievement while participating in aerial flight during the period 23 August 1971 to 5 October 1971.

5.  The applicant's DD Form 214 shows he was honorably released from active duty on 23 March 1972.  It shows he completed 1 year, 8 months, and 2 days of active service.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, Bronze Star Medal, Vietnam Service Medal, SVCM (taken to mean the RVN Campaign Medal), Silver Star, two overseas service bars, Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and Expert Marksmanship Qualification Badge with Grenade Bar.

7.  A review of the applicant's records and the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for additional awards of the Air Medal or other awards not already recorded or listed above.

8.  The applicant's records do not contain any evidence that indicate he was awarded or was eligible to be awarded additional awards of the Air Medal.

9.  The applicant's records do not contain any evidence that indicates he was awarded the Aircraft Crew Member Badge by proper authority.

10.  There is no evidence the applicant was disqualified by his unit commander for award of the Army Good Conduct Medal.  There is no indication of disciplinary action being taken against him in his service personnel records.  His conduct and efficiency ratings for his years of qualifying service are not available for review.

11.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  Although there was no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

12.  Army Regulation 600-8-22 (Military Awards) states 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.

13.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided guidelines for award of the Air Medal.  It stated that passenger personnel who did not participate in an air assault were not eligible for the award based upon sustained operations.  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.  However, the regulation was clear that these guidelines were considered only a departure point.

14.  Army Regulation 672-5-1, in effect at the time, 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 in the case of crew chiefs, electronic sensor system operators, and flight engineers or as a non-crewmember in the case of observers, medical aid men, 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 those duties or they could be authorized permanent wear of the Aircraft Crew Member Badge once they fulfilled the regulatory requirements for permanent award of the badge.

15.  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 were 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 were not personally responsible were entitled to permanent wear of the Aircraft Crew Member Badge.  Further, an individual who 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 was entitled to permanent award of the Aircraft Crew Member Badge.

16.  The applicant’s DA Form 20 for his service in the RVN is unavailable.  Other documents in his records show he served in duty MOS 71P (Flight Operations Coordinator) while in the RVN.

17.  The applicant's records show he is entitled to additional awards and decorations which he did not request and are not shown on his DD Form 214.

18.  Appendix B of Army Regulation 600-8-22 shows the campaigns for Vietnam.

	a.  During the applicant's tour in Vietnam he participated in the:

* Vietnam Counteroffensive Phase VII (1 July 1970-30 June 1971
* Consolidation I (1 July 1971-30 November 1971)
* Consolidation II (1 December 1971-29 March 1972) campaigns

	b.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

19.  Department of the Army Pamphlet 672-3 shows the unit the applicant was assigned to while serving in the RVN was awarded the RVN Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 42, dated 1972.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Purple Heart.  Therefore, he is entitled to correction of his DD Form 214 to show award of the Purple Heart.

2.  General orders awarded the applicant the Air Medal.  Therefore, he is entitled to correction of his DD Form 214 to show award of the Air Medal.

3.  There are no flight records or other evidence to show the applicant accumulated the required flight hours or flew on the required number of missions to be awarded additional awards of the Air Medal.  As such, there is insufficient basis to warrant additional awards of this medal.

4.  While there is no order or other available evidence that the applicant was awarded the Army Good Conduct Medal, based on the rank he achieved, his Silver Star, Bronze Star Medal, and the absence of any disqualification for award of the Army Good Conduct Medal, it can be presumed that the applicant was awarded or was eligible for award of the Army Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service.  As such, it would be appropriate to award him the Army Good Conduct Medal for the period 22 September 1970 through 23 March 1972 and add this award to his DD Form 214.

5.  Based on his award of the Air Medal and the information contained in the reason for his award of the Silver Star, it is accepted that the applicant participated in at least 15 combat missions under probable exposure to enemy fire while performing duties as a gunner/observer.  As such, it would be appropriate to add the Aviation Badge to his DD Form 214.

6.  General orders awarded the applicant's unit the RVN Gallantry Cross with Palm Unit Citation which is not shown on his DD Form 214.  He is entitled to correction of his DD Form 214 to show this unit award.

7.  The available records show the applicant was awarded the Vietnam Service Medal and that he participated in three campaigns while serving in the RVN.  Therefore, he is entitled to correction of his DD Form 214 to show the Vietnam Service Medal with three bronze service stars.

8.  In view of the foregoing, the applicant is entitled to have his records corrected as shown below.

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.  awarding him the Army Good Conduct Medal for the period 22 September 1970 through 23 March 1972; and
 
	b.  deleting from item 24 of his DD Form 214 the list of awards shown and replacing it with the Silver Star, Bronze Star Medal, Purple Heart, Air Medal, Army Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal with three bronze service stars, RVN Gallantry Cross with Palm Unit Citation, RVN Campaign Medal, Aviation Badge, Expert Marksmanship Qualification Badge with Grenade, and Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar.

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 additional awards 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)                                         AR20090020111



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ABCMR Record of Proceedings (cont)                                         AR20090020111



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