IN THE CASE OF:	  

		BOARD DATE:	  23 February 2012

		DOCKET NUMBER:  AR20110014791 


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 reconsideration of an earlier appeal for 
item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to be corrected to show he was awarded or is authorized the:

* Air Medal with oak leaf clusters
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

2.  He states he is appealing the previous findings from the Army Board for Correction of Military Records (ABCMR) shown in numbers five and six of the Consideration of Evidence section of the board of proceedings.  He contends he has proof of combat flight hours while serving with the 121st Assault Helicopter Company from 17 August through 2 December 1967, and also has a copy of the orders which show he was authorized to add the Expert Marksmanship Qualification Badge with Rifle Bar to his DD Form 214.

3.  He was awarded his first Air Medal for the period 2 through 12 August 1967.  He continued to fly 116 more days as a crew chief on a UH-1B Helicopter Gunship with the Viking Platoon, which was the gun platoon assigned to the 121st Assault Helicopter Company.  Mostly all Gunship flights were flown and logged as Category -1 combat or combat support missions.  This is why he compiled enough flight hours in 10 days to be awarded his first Air Medal.  

4.  He adds that he flew as a crew chief and left side door gunner for the entire time he was in Vietnam; however, the lack of physical orders or records of logged hours can only be a result of poor record keeping at the battalion headquarters.  He was also medically evacuated out of country, which probably added to record keeping confusion.  Given the relevant time frames, and flying only Category-1 combat or combat support missions, there would appear to be enough circumstantial evidence to err on the side of the veteran.  

5.  He believes that at the rate his crew was flying, he accumulated somewhere in the neighborhood of 400 combat hours between 12 August and 27 November 1967.  He also discovered he was not correctly shown as the crew chief of the helicopter he was flying on at the time of the crash on 27 November 1967.  This was a direct contradiction of the after action report, which also substantiates that he was on combat operations when the accident occurred.  

6.  He adds that maybe a search of the 6th Aviation Battalion, 6th Infantry Division, Fort Campbell, KY would shed more light on missing records.  This division was short lived due to the budget cuts in 1968.  After disbanding an entire fully equipped division, many troops were shipped anywhere and he was transferred to Campbell Army Airfield for his remaining time in the Army.

7.  The applicant provides:

* Copies of various orders
* A U.S. Army Accident Report
* An email statement

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20100010272 on 30 September 2010.

2.  The applicant presents new arguments and new evidence which will be considered by the Board.

3.  His records show he enlisted in the Regular Army on 25 April 1966.  After the completion of training, he served in military occupational specialty 67N (UH-1 Helicopter Repairman).

4.  He provided a copy of 1st Aviation Brigade, General Orders Number 4577, dated 28 September 1967.  This order shows he was awarded the Air Medal for the period 2 to 12 August 1967, while assigned to the 121st Aviation Company.
5.  He also provided a USARV Form 232 (Abbreviated Aircraft Accident/Combat Damage Report Form for Combat Area), dated 8 January 1968.  This document shows a UH-1B, aircraft serial number 63-8565 belonging to the 121st Air Assault Helicopter Company (UH-1) was involved in a major accident on 
27 November 1967 due to engine failure.  The number of flight hours are listed for the pilot and the aircraft commander; however, a record of the applicant’s flight hours was not listed.  An attached statement shows the applicant sustained a compression fracture to his lower back due to excessive positive G-Force while in the prone position. 

6.  He also provided a copy of an Aircraft Accident Brief which shows the UH-1B was on its second firefly mission of the night when the accident occurred on 
27 November 1967 at the Soc Trang Airfield, Republic of Vietnam.  An attached statement from the door gunner shows he was thrown forward and hit his head.  He started to crawl out of the helicopter and when he got to the door, the crew chief (applicant’s name given), helped him to the ground. 

7.  Headquarters, 6th Infantry Division and Fort Campbell, Special Orders Number 177, dated 13 July 1968 awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

8.  On 24 March 1969, the applicant was honorably released from active duty.  Item 24 of his DD Form 214 shows he was awarded or is authorized the National Defense Service Medal, the Vietnam Service Medal, the Air Medal, the Aircraft Crewman Badge, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and the Republic of Vietnam Campaign Medal with Device (1960).

9.  His record contains a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 20 January 2011.  This form shows that item 24 of his DD Form 214 for the period ending 24 March 1969 was amended to add the Army Good Conduct Medal (First Award) and one bronze service star to his Vietnam Service Medal. 

10.  He provided a statement in the form of an email from Mr. G. R.  Mr. R states he was stationed in Soc Trang, Vietnam from March 1966 until December 1967 and was assigned to the 121st Aviation Company with the Viking Gunship platoon from November 1966 until December 1967.  He witnessed the applicant flying combat missions as a gunship crew chief while assigned to the unit.  He and the applicant also flew air combat missions on the same crew for the last three months of the applicant’s assignment with the 13th Aviation Battalion. 

11.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided 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.  However, the regulation was clear that these guidelines were considered only a departure point.

12.  U.S. Army Vietnam Regulation 672-1 further provided guidelines for award  of the Air Medal for sustained operations.  Appendix IV of the regulation   required that recommendations for award of the Air Medal for crewmembers or non-crewmembers on flying status will be submitted on U.S. Army Vietnam  Form  157-R.  The recommendation for award must also state that the individual has "met the required number of missions and hours for award of the Air Medal"; and that "the individual has not caused, either directly or indirectly, an aircraft abort, late take-off, accident or incident"; and that the "individual's accomplishments and service throughout the period have reflected meritorious performance, with no instance of non-professionalism, mediocrity, or failure to display an aggressive spirit."

DISCUSSION AND CONCLUSIONS:

1.  Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) on 3 May 1968.  As such, he is entitled to have this badge added to his DD Form 214. 

2.  The fact that the applicant flew on numerous Category-1 missions while serving in Vietnam is not in question.  However, without a DA Form 157-R or some other form of official documentation which shows the actual number of flight hours and the mission category for each, there is no way to accurately depict the exact number of Air Medals he earned while serving in Vietnam.  

3.  In view of the foregoing, there is insufficient evidence to award him additional Air Medals. 

4.  The applicant and all others concerned should know that this action in no way diminishes the sacrifices made by him in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.  



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 partial amendment of the ABCMR’s decision in Docket Number AR20100010272, dated 30 September 2010.   As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the Sharpshooter Marksmanship Qualification Badge with Rifle Bar 
(M-14) from item 24 of his DD Form 214 and adding Expert Marksmanship Qualification Badge with Rifle Bar (M-14) to the same item. 

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 adding oak leaf clusters to his 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)                                         AR20110014791





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ABCMR Record of Proceedings (cont)                                         AR20110014791



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