IN THE CASE OF:	  

		BOARD DATE:	  15 March 2012

		DOCKET NUMBER:  AR20110018394 


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 award of the Bronze Star Medal and the Aircraft Crew Member Badge [now known as the Basic Aviation Badge].

2.  The applicant states he never received the Bronze Star Medal or the Basic Aviation Badge.

3.  The applicant provides a memorandum and DA Form 759-1 (Individual Flight Record and Flight Certificate - Army).

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 records show he enlisted in the Regular Army on 13 May 1970 and he held military occupational specialty 67V (OH-58 Helicopter Repairman).  He served in Vietnam from as follows:

* 25 October 1970 - 25 January 1972, assigned to the 23rd Field Artillery
* 26th January - 24 May 1972, assigned to the 42nd Field Artillery

3.  Headquarters, U.S. Army Support Command, Saigon, General Orders Number 53, dated 13 January 1972, awarded him the Army Commendation Medal for meritorious service in Vietnam from October 1970 to October 1971.

4.  In a memorandum to the applicant's immediate commander, dated 21 February 1972, 42nd Field Artillery operations officer recommended the applicant for award of the Bronze Star Medal for exceptionally meritorious service during the period 25 October 1970 to 12 March 1972.

5.  Headquarters, U.S. Army Support Command, Saigon, General Orders Number 267, dated 28 February 1972, awarded him the Army Commendation Medal [2nd Award] for meritorious service in Vietnam from May 1971 to March 1972.

6.  He was honorably released from active duty on 14 March 1973 and transferred to the U.S. Army Reserve.  He completed 2 years and 10 months of creditable active service.

7.  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) does not show award of the Bronze Star Medal or the Basic Aviation Badge.

8.  There are no orders in his records showing award of the Bronze Star Medal or the Basic Aviation Badge.

9.  A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the U.S. Army Human Resources Command, which is an index of general and/or special orders issued during the Vietnam era between 1965 and 1973, failed to reveal orders for the Bronze Star Medal or Basic Aviation Badge pertaining to the applicant.

10.  The applicant provides a DA Form 759-1, covering the period December 1971 to January 1972, wherein it shows he accrued 93 hours of flying time during this period and had a total of 552 hours as of the date of the DA From 759-1.

11.  Army Regulation 600-8-22 (Military Awards) states the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  

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

	b.  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.

13.  Title 10, U.S. Code, section 1130 provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

14.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to the Secretary of the Army at the following agency:  Commander, U.S. Army Human Resources Command, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122.  The applicant's unit must be clearly identified, along with the period of assignment and the award being recommended.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Corroborating evidence is best provided by commanders, leaders and fellow Soldiers who had personal knowledge of the circumstances and events relative to the request.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor.

DISCUSSION AND CONCLUSIONS:

1.  With respect to the Bronze Star Medal:

	a.  Although he may have been recommended for award of the Bronze Star Medal by his supervisor, the evidence of record is void of orders showing the applicant was awarded the Bronze Star Medal.  The decision of whether to award an individual a decoration and which decoration to award is a judgment call made by the commander having award approval authority.  It appears he was awarded the Army Commendation Medal (2nd Award) in lieu of the Bronze Star Medal.  

	b.  In any case, the governing Army regulation states that formal recommendations, approval through the chain of command, and announcement in orders are required for personal decorations (which include the Bronze Star Medal).  There is insufficient evidence that shows the appropriate authority approved the recommendation for award of the Bronze Star Medal or announced it in official orders. 

	c.  Nevertheless, while the available evidence is insufficient for awarding the applicant the Bronze Star Medal, this in no way affects the applicant’s right to pursue his claim for the Bronze Star Medal by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

2.  With respect to the Basic Aviation Badge:

	a.  The requirements for the temporary award of this badge required the individual to be on flying status, to have a Class III physical examination, and to hold the principal duty assignment as a crew chief.  The wearing of the badge was authorized only during the period the individual was assigned those duties.  

	b.  A permanent award of this badge would have required the applicant to hold the principal duty assignment of crew chief or aircraft maintenance supervisor, be on flying status as a crew chief for 12 months, and he would have been required to have been qualified based on a Class III physical examination. 

	c.  Although, the applicant's MOS and flying status in Vietnam are not in question, there is insufficient evidence that shows he performed the required duties for 12 months or was medically qualified based on Class III physical.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ___x____  ____x___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _   _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)                                         AR20110018394





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ABCMR Record of Proceedings (cont)                                         AR20110018394



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