IN THE CASE OF:	  

		BOARD DATE:	  18 August 2011

		DOCKET NUMBER:  AR20110001646 


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 the following:

* Air Medal (AM) (12th Award)
* Aircraft Crew Member Badge
* general educational development (GED) test report
* certificates and letter of appreciation

2.  He states his records have not been updated and corrected to show his service to the Nation.

3.  He provides the following:

* DD Form 214
* flight pay certificate, dated 29 August 1971
* letter of appreciation, dated 24 January 1972
* AM Certificate and Citation
* two certificates of appreciation
* Vietnam combat certificate
* GED military test report

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 28 January 1970.  He served in the Republic of Vietnam (RVN) from 2 May 1971 to 1 March 1972.  He was honorably released from active duty on 3 March 1972.  He completed 2 years, 1 month, and 6 days of creditable active service.

3.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal (VSM) with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Bronze Star Medal with "V" Device

4.  Item 30 (Remarks) of his DD Form 214 shows "Civilian Education – 10 years."

5.  The applicant provides his AM Certificate and Citation that show he was awarded the AM.  Additionally, Headquarters, 1st Aviation Brigade, General Orders Number 5663, dated 4 August 1971, contained in his military personnel records confirm he was awarded the AM for meritorious achievement while participating in aerial flight in the RVN from 2 June 1971 to 10 June 1971.

6.  His flight pay certificate does not show the number and/or type of missions he performed.  However, this document shows he qualified for flight pay for the following months with the following flight hours:

* June 1971 – 82.3
* July 1971 – 77.4
* August 1971 – 57.8

7.  He provides his GED military test report that shows he successfully completed test four in February 1972 with an overall rating of satisfactory for tests one through five.

8.  His DA Form 20 (Enlisted Qualification Record) shows:

* item 32 (Civilian Education) – Old Rochester Regional High School, 10 years, completed 1969
* item 38 (Record of Assignments) – 24 March 1971, 335th Assault Helicopter Company, helicopter repairman, RVN
10 October 1971–114th Helicopter Company, helicopter repairman, RVN
* item 41 (Awards and Decorations) –

* National Defense Service Medal
* Vietnam Service Medal (VSM) with two bronze service stars
* Bronze Star Medal with "V" Device
* Republic of Vietnam Campaign Medal with Device (1960)

9.  His record is void of evidence showing his total flight hours.

10.  He provides two certificates of appreciation that recognize his service in the Armed Forces.  He also provides a letter of appreciation that recognizes his outstanding qualities on the eve of his executive officer's departure from the 114th Assault Helicopter Company.

11.  A review of his DD Form 214 indicates that he is entitled to additional awards that are not shown on this form.

12.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards), in effect at the time, provided guidelines for award of the AM.  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 AM.  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 600-8-22 (Military Awards) states Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the AM.  The numeral 2 denotes the second award of the AM.

15.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided for temporary and permanent award of the Aircraft Crew Member 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.

16.  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.

17.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) provides for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all individuals who served in Vietnam between 20 July 1965 and 28 March 1973 in a unit which was subordinate to Headquarters, U.S. Army Vietnam.

18.  Army Regulation 600-8-22 contains the regulatory guidance on the VSM and states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following three campaigns:

* 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)

19.  Army Regulation 635-5 (Separation Documents) establishes standardized policy for the preparation of the DD Form 214.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  Section III instructs the preparer to enter the highest civilian education level attained in item 30.  The same regulation requires the preparer to enter from item 41 of the DA Form 20, all decorations, service medals, badges, commendations, citations and campaign ribbons awarded or authorized.  There is no provision for adding letters of appreciation or certificates of appreciation to the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  General orders verify the applicant was awarded the AM for his service in the RVN.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  Although the applicant provides his flight pay certificate confirming he qualified for flight pay during the months of June, July, and August 1971 with the number of flight hours, this document does not show the categories of his missions.  In the absence of such documentation, there is an insufficient basis to award him 12 AM's.

3.  The evidence shows he successfully passed the overall requirements for the GED.  Therefore, he is entitled to correction of his DD Form 214 to show civilian education level 12.

4.  There is no authority to list certificates and/or letters of appreciation on the DD Form 214.  Therefore, his DD Form 214 is correct as constituted.

5.  There is no evidence and he has not provided any to show he was on flight status for more than 12 months and/or evidence substantiating he was school-trained as a crew chief, flight engineer, aircraft maintenance supervisor, observer, gunner, or technical inspector.  In absence of such documentation, there is an insufficient basis to award him the Aircraft Crew Member Badge.

6.  Headquarters, U.S.  Army Vietnam, and its subordinate units were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service in Vietnam.  Therefore, his DD Form 214 should be corrected to show this unit award.

7.  The evidence of record shows he participated in three campaigns during his service in Vietnam.  Therefore he is entitled to three bronze service stars for wear on his already-awarded VSM and correction of his DD Form 214 to show these bronze service stars.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X_____  ____X___  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 the VSM with two bronze service stars from item 24 of his DD Form 214;

	b.  deleting "Civilian Education:  10 years" from item 30 of his DD Form 214;

	c.  adding the AM, VSM with three bronze service stars, and Republic of Vietnam Gallantry Cross with Palm Unit Citation to item 24 of his DD Form 214; and
	d.  adding the GED to item 30 of his DD Form 214.

2.  The Board further determined 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 awarding the AM (12th Award) and Aircraft Crew Member Badge and adding certificates and letter of appreciation to his DD Form 214.



      _________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)                                         AR20110001646



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ABCMR Record of Proceedings (cont)                                         AR20110001646



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