BOARD DATE:	  14 July 2011

		DOCKET NUMBER:  AR20100029121 


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 additional awards of the Air Medal and that his Aircraft Crewman Badge be made a permanent award.

2.  The applicant states, in effect, that he flew helicopter missions up to the day before he left the 192d Assault Helicopter Company on 15 February 1969.  Prior to departure he requested that his flight records be updated so that he could get his Air Medals; however, a rush job was done on his flight records and the type of missions was omitted.  Additionally, he desires to have his Aircraft Crewman Badge permanently awarded based on his mission participation. 

3.  The applicant provides:

* A copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* A copy of a DA Form 1577 (Authorization for Issuance of Awards) dated 25 March 1971
* A copy of a DA Form 759 (Individual Flight Record)
* A copy of an order awarding him the temporary award of the Aircraft Crewmember Badge

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 in Seattle, Washington on 30 December 1966 for a period of 3 years and training as a field artillery repairman.  He completed his basic training at Fort Lewis, Washington and his advanced individual training at Aberdeen Proving Ground, Maryland before being transferred to Fort Sill, Oklahoma on 11 May 1967 for his first duty assignment.

3.  He was assigned to C Battery, 8th Battalion, 4th Artillery Regiment and on 25 July 1967 he was transferred to Vietnam with his unit.  On 2 January 1968, he was transferred to the 94th Artillery Regiment.

4.  The applicant extended his tour in Vietnam and was transferred to the 192d Aviation Company on 22 July 1968 for duty as a door gunner effective 8 August 1968.

5.  On 15 December 1968, General Orders Number 8250 issued by Headquarters, 1st Aviation Brigade awarded the applicant the Air Medal for the period 8 September to 15 October 1968.

6.  On 24 January 1969, Special Orders Number 24, issued by Headquarters, 10th Combat Aviation Battalion awarded the applicant the Aircraft Crewman Badge (Temporary Award).   

7.  After serving in five campaigns, the applicant departed Vietnam on 15 February 1969 for assignment to Fort Rucker, Alabama where he remained until he was honorably released from active duty (REFRAD) on 26 September 1969.  

8.  His DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal (VSM), the Air Medal, the Army Commendation Medal, the Presidential Unit Citation, the Republic of Vietnam Campaign Medal, and his marksmanship badges.

9.  On 25 March 1971, the Office of the Adjutant General authorized the issuance of the Good Conduct Medal (GCMDL) set to the applicant. 
10.  A review of his official records shows that he had "excellent" conduct and efficiency ratings throughout his service and his records are void of any derogatory information that would serve to disqualify him for award of the GCMDL.

11.  The flight records provided by the applicant do not contain the type of missions flown.  However, they show the number of hours flown and the dates of the missions.  After the applicant’s first award of the Air Medal, he flew missions for an additional 58 days for a total of 336.4 hours.

12.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided guidelines for award of the Air Medal.  It stated 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.  

13.  Combat missions were divided into three categories.  A category I mission was defined as a mission performed in an assault role in which a hostile force was engaged and was characterized by delivery of ordnance against the hostile force or delivery of friendly troops or supplies into the immediate combat operations area.  A category II mission was characterized by support rendered a friendly force immediately before, during, or immediately following a combat operation.  A category III mission was characterized by support of friendly forces not connected with an immediate combat operation but which must have been accomplished at altitudes which made the aircraft at times vulnerable to small arms fire or under hazardous weather or terrain conditions.

14.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided for temporary and permanent award of the Aircraft Crew Member Badge (which is now known as the Aviation Badge).  Commanders of any unit with Army aircraft assigned could 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 aidmen, gunners, aircraft maintenance supervisors, or technical inspectors.  Individuals were also required 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.  Army Regulation 672-5-1 stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.  

17. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  

18.  Army Regulation 600-8-22 (Military Awards) states a bronze service star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal.  A silver service star is authorized in lieu of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s flight records do not indicate the type of missions he flew from 26 October 1968 to 7 February 1969.  However, the applicant was in an assault helicopter company.  Based on his first award of the Air Medal covering the period from 8 September to 15 October 1968, it appears that that award was based on flying 25 combat missions.  A review of those flight records indicates that based on the same criteria used in the original award of the Air Medal, the applicant qualified for at least two additional awards of the Air Medal.  Accordingly, it would be in the interest of justice to award him the Air Medal (3d Award) at this time.

2.  The applicant’s contention that he should be awarded the permanent award of the Aircraft Crewmember Badge (i.e., the Aviation Badge) has been noted and appears to have merit.  Although the normal criteria for permanent award of the Aircraft Crewmember Badge required individuals to serve in the position for at least 1 year, there were exceptions to that provision for persons who participated in at least 15 combat missions with probable exposure to enemy fire while serving as a door gunner.  Therefore, given the criteria for award of the Air Medal, it is reasonable to presume that the applicant qualified for permanent award of the Aviation Badge as of 7 February 1969.  Accordingly, it should be awarded at this time. 

3.  A review of the applicant's records shows he had "excellent" conduct and efficiency ratings throughout his period of service and his records contain no derogatory information that would serve to disqualify him for the first award of the GCMDL.  Therefore, since he has already been issued the GCMDL set, it would be appropriate to add that award to his DD Form 214 at this time. 

4.  The applicant served during five campaigns while in Vietnam and thus is entitled to wear one silver service star on his already-awarded VSM.  Accordingly, it should be added to his DD Form 214 at this time.

5.  Additionally, the evidence of record shows the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit.  Accordingly, this unit award should be added to his records at this time as well.

BOARD VOTE:

___x_____  ___x_____  ___x_____  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* Awarding him the Air Medal (3d Award) for meritorious service while participating in aerial flight during the period of 8 September 1968 to 7 February 1969 and adding those awards to his DD Form 214.
* Awarding him the Aviation Badge effective 7 February 1969 and adding it to his DD Form 214
* Deleting his award of the VSM from his DD Form 214
* Adding the award of the VSM with one silver service star to his DD Form 214.
* Adding the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214.
* Adding the award of the GCMDL to his DD Form 214

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.




      _______ _ 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)                                         AR20100029121





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ABCMR Record of Proceedings (cont)                                         AR20100029121



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