BOARD DATE:	  3 November 2011

		DOCKET NUMBER:  AR20110009580 


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 (Certificate of Release or Discharge from Active Duty) to show awards of the:

* Air Medal
* Master Aircraft Crewmember Badge
* Legion of Merit
* Meritorious Service Medal (2nd Oak Leaf Cluster (OLC))

2.  The applicant states his flight record was not managed properly during his Vietnam service. 

3.  The applicant provides:

* DD Form 214 for the period ending 31 May 1987
* Letter from the National Personnel Records Center
* DA Forms 759 (Individual Flight Record and Flight Certification - Army)
* Medical flight clearance memorandum
* Special Orders (SO) Number 42 (Senior Aircraft Mechanic Crew Wings)
* SO Number 54 (Award of flight status)
* Army Hometown Newsletter 
* Permanent Orders (PO) A-80-4 (Legion of Merit)
* PO 34-4 (Meritorious Service Medal (2nd OLC))



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.  With respect to award of the Master Aircraft Crew Member Badge (now known as the Master Aviation Badge):

	a.  There is no indication in his records that he was recommended by his unit commander and the recommendations was endorsed by the next higher commander or that he was awarded this badge.  Additionally, the available evidence he submitted together with the evidence in his service record is insufficient to make a determination whether he met the criteria for this badge. 

	b.  Paragraph 8-27 of Army Regulation 600-8-22 (Military Awards) authorizes retroactive award of Aviation Badges and states that requests for the Senior and Master Aviation Badges that cannot be resolved should be forwarded to the Commander, U.S. Army Aviation Center of Excellence, ATTN: ATZQ-OPFD, Fort Rucker, AL 36362-5000 with supporting evidence.  Examples of supporting evidence include: 

* DD Form(s) 214
* DA Form 20 (Enlisted Qualification Record) and/or DA Form 2-1 (Personnel Qualification Record)
* All available DA Forms DA Forms 759 (Individual Flight Record and Flight Certificate - Army - Part I) and DA Forms 759-1 (Individual Flight Record and Flight Certificate - Army - Part II)
* Enlisted/Noncommissioned Officer Evaluation Reports
* Flight physicals

	c.  The issue of the Master Aviation Badge will not be discussed further in the Record of Proceedings. 

3.  The applicant is a retired command sergeant major (CSM) who served in the Regular Army through multiple reenlistments in a variety of stateside and/or overseas assignments, from April 1962 to May 1987.  He was placed on the retired list in his retired rank of CSM on 1 June 1987.  He completed the following periods of foreign service:

* Germany, from 29 December 1964 to 5 June 1967
* Vietnam, from 14 July 1967 to 12 July 1968; he was assigned to the 191st Assault Helicopter Company
* Vietnam, from 14 May 1970 to 22 July 1972; he was assigned to:

* 68th Aviation Company, from 30 May 1970 to 5 January 1971
* 240th Aviation Company from 5 January to 28 November 1971
* Headquarters and Headquarters Company (HHC), 11th Aviation Battalion, from 28 November to 1 December 1971
* 128th Assault Helicopter Company, from 1 December 1971 to 24 January 1972
* HHC, Transportation Company, ADS (Aviation Direct Support) Vietnam, from 25 January 1972 to 14 April 1972
* Troop B, 7th Squadron, 17th Cavalry, from 14 April to 22 July 1972

* Germany, from 31 August 1975 to 28 July 1978
* Hawaii, from 16 March 1980 to 8 June 1983

4.  His military service began when he was inducted into the Army of the United States on 10 April 1962 and he held military occupational specialty (MOS) 63B (Wheel Vehicle Mechanic).  He was honorably discharged on 9 April 1964 for the purpose of immediate reenlistment.  

5.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period 10 April 1962 through 9 April 1964, shows in item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) the:

* Expert Marksmanship Qualification Badge with Rifle Bar (Carbine)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-1)

6.  He reenlisted for 6 years on 10 April 1964 and he held MOS 67N (UH-1 Helicopter Repairman).  He was honorably discharged on 9 April 1970.  His DD Form 214 for the period 10 April 1964 through 9 April 1970 shows in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) the:

* Good Conduct Medal (1st Award)
* Vietnam Service Medal
* Vietnam Campaign Medal
* National Defense Service Medal
* Aircraft Crewman Badge
* Two overseas service bars
* Air Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-1)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)

7.  He reenlisted on 10 April 1970 and he held MOS 67Z (Aircraft Maintenance Senior Sergeant).  He was honorably discharged on 24 May 1978.  His DD Form 214 (Report of Separation from Active Duty) for the period 10 April 1970 through 24 May 1970 shows in item 28 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the:

* National Defense Service Medal
* Aircraft Crewman Badge
* Senior Aircraft Mechanic Crewman Wings
* Vietnam Service Medal
* Vietnam Campaign Medal
* Air Medal
* Republic of Vietnam Gallantry Cross with Gold Star
* Bronze Star Medal
* Army Commendation Medal (3rd OLC)
* Good Conduct Medal (5th Award)
* Six overseas service bars

8.  He reenlisted on 25 May 1978 and served in primary or duty MOS's 63C (Motor Sergeant), 63Z5M (First Sergeant), 71L5H (Academy Instructor), and 00Z (CSM).  He retired on 31 May 1987.  His DD Form 214 for the period 25 May 1978 through 31 May 1987 shows in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal
* Vietnam Gallantry Cross with Gold Star
* Meritorious Unit Commendation
* Army Service Ribbon
* 
Overseas Service Ribbon (3rd Award)
* Aircraft Crewmember Badge
* Senior Aircraft Mechanic Crewman Badge
* Republic of Vietnam Civil Actions Medal Second Class Unit Citation
* Army Good Conduct Medal (8th Award)
* Army Commendation Medal (3rd OLC)
* Army Achievement Medal 
* NCO (Noncommissioned Officer) Professional Development Ribbon with Numeral 5
* Meritorious Service Medal (1st OLC)
* Bronze Star Medal (1st OLC)

9.  Headquarters, 1st Aviation Brigade, General Orders (GO) Number 2653, dated 3 May 1968, awarded him the Air Medal for meritorious achievement from 30 September 1967 to 2 March 1968.

10.  Headquarters, U.S. Army Combined Arms Center and Fort Leavenworth, Fort Leavenworth, KS, PO 34-4, dated 24 April 1986, awarded him the Meritorious Service Medal (3rd OLC).

11.  Headquarters, III Corps and Fort Hood, Fort Hood, TX, PO A-80-4, dated 3 June 1987, awarded him the Legion of Merit.

12.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that during his service in Vietnam participation credit was awarded for the below nine campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star denotes five bronze service stars:

* Vietnam Counteroffensive Phase III; 1 June 1967 - 29 January 1968
* Tet Counteroffensive; 30 January - 1 April 1968
* Vietnam Counteroffensive Phase IV; 2 April - 30 June 1968
* Vietnam Counteroffensive Phase V; 1 July - 1 November 1968
* Sanctuary Counteroffensive; 1 May - 30 June 1970
* Vietnam Counteroffensive Phase VII; 1 July 1970 - 30 June 1971
* Consolidation I; 1 July - 30 November 1971
* Consolidation II; 1 December 1971 - 29 March 1972
* Vietnam Ceasefire Campaign; 30 March 1972 - 28 January 1973

13.  Department of the Army GO (DAGO) awarded the applicant's units of assignments in Vietnam the following awards during his assignment to those units:
	a.  During his service with the 191st Aviation Company (Assault Helicopter) from 14 July 1967 to 12 July 1968, this unit was awarded the:

* Meritorious Unit Commendation, for service from 1 January to 31 December 1967, DAGO Number 48, dated 1968
* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for service from 22 February 1967 to 17 May 1968, DAGO Number 51, dated 1971
* Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, for service from 19 December 1966 to 28 June 1969, DAGO Number 59, dated 1969

	b.  During his service with the 240th Aviation Company from 5 January 1971 to 28 November 1971, this unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for service from 26 September to 10 October 1971, DAGO Number 54, dated 1974.

	c.  During his service with the 128th Aviation Company (Assault Helicopter) from 1 December 1971 to 24 January 1972, this unit was awarded the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, for service from 1 January 1971 to 31 December 1971, DAGO Number 32, dated 1973.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) states not more than one Republic of Vietnam Gallantry Cross Unit Citation or Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  However, in the case of duplicate awards covering the same period of time only one award will be recorded in official military and historical records.

15.  Army Regulation 600-8-22 provides for award of the Overseas Service Ribbon.  Effective 1 August 1981, members of the Active Army are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

16.  His records contain selected DA Forms 759 (Individual Flight Record and Flight Certificate - Army - Part I) and DA Forms 759-1 (Individual Flight Record and Flight Certificate - Army - Part II).  These forms show during his service in Vietnam, he completed the following combat hours:

Month/Year
Monthly Combat Missions/Hours 
Brought Forward 
81 hours (unknown type)
December 1971
1 mission; 4.9 combat hours
January 1972
4 missions; 21.1 combat hours
February 1972
5 missions; 4 combat hours
March 1972 
5 missions; 8 combat hours
Total
119 hours of which 38 are combat hours
17.  Army Regulation 95-1 (Flight Regulation) covers aircraft operations, crew requirements, and flight rules.  The regulation specifies that each crew member must present his or her individual flight records to the unit of assignment.  The flying experience and qualification data for each rated crew member and flight surgeon in aviation service and each non-rated crew member will be documented on several forms among which are the DA Form 759 and the DA Form 759-1.  The "Mission Data" column on the DA Form 759-1 lists a single character for the mission identification (ID).  During the Vietnam War, the following Mission IDs were used:

Mission Symbol
Service Missions
A
Acceptance test Flight
F
Maintenance Flight
S
Service Mission
T
Training Flight
X 
Experimental Test Flight
C
Combat Mission
18.  Army Regulation 600-8-22 states that 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.  The version of the regulation in effect at the time the applicant served stated that an Oak Leaf Cluster would be awarded to denote the second and subsequent awards of the Air Medal.  However, the regulation currently in effect 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.

19.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided, in pertinent part, guidelines for award of the Air Medal.  It established 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.  

20.  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.

21.  To be recommended for award of the Air Medal, an individual must have completed a minimum of 25 category I missions, 50 category II missions, or     100 category III missions.  Since various types of missions would have been completed in accumulating flight time toward award of an Air Medal for sustained operations, different computations would have had to be made to combine category I, II and III flight time and adjust it to a common denominator.

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded him the Legion of Merit for meritorious service which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  General orders awarded him the Air Medal for meritorious achievement which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  Permanent orders awarded him three awards of the Meritorious Service Medal, one of which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show all three awards.
4.  He completed six overseas tours (two in Germany, one in Hawaii, and two in Vietnam - the second one was for 26 months); therefore, he qualifies for six awards of the Overseas Service Ribbon and correction of his DD Form 214 to show these awards.

5.  He was awarded the Vietnam Service Medal.  He also received campaign participation credit for nine campaigns during his service in Vietnam.  Therefore, he is entitled to award of a silver service star and four bronze service stars to be affixed to his Vietnam Service Medal.

6.  He served with various units in Vietnam.  During his service, his units were awarded two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and two awards of the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation.  Although multiple awards of these unit citations are not authorized for wear, official military and historical records will indicate all awards received.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

7.  With respect to additional awards of the Air Medal:

	a.  The available evidence shows a total of 81 flying hours were brought forward and recorded on his individual flight record.  However, it is unclear what type of missions or category of missions he performed during those hours.  He was previously awarded one award of the Air Medal.  It is equally unclear from the available evidence the category of missions that led to this award.

	b.  He then completed 38 additional combat hours.  However, it is also unclear the type/category of missions completed during those hours.  In the absence of additional documentary evidence that shows the category of missions (25, 50, or 100), his entitlement to additional awards of the Air Medal cannot be determined.

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:

* Deleting from item 13 of his retirement DD Form 214 the Meritorious Service Medal (1st OLC), Overseas Service Medal (3rd Award), Vietnam Service Medal, and Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation
* adding to his retirement DD Form 214 the following awards:

* Legion of Merit
* Air Medal
* Meritorious Service Medal (3rd Award)
* Overseas Service Ribbon (5th Award)
* Vietnam Service Medal with silver service star and four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation (2nd Award)

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)                                         AR20110009580





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110009580



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1