IN THE CASE OF:	  

		BOARD DATE:	  19 July 2012

		DOCKET NUMBER:  AR20110024572 


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 20 awards of the Air Medal and award of the Aircraft Crewmember Badge.

2.  The applicant states his DD Form 214 omitted the requested awards for unknown reasons.

3.  The applicant provides:

* DD Form 214
* DD Form 215 (Correction to DD Form 214)
* DA Form 759 and 759-1 (Individual Flight Record and Flight Certificate - Army)
* U.S. Army Vietnam (USARV) Form 131 (Awards and Qualification Record - Air Medal)
* ASCV Form 141 (Awards and Decorations Qualification Record)
* DA Form 1315 (Reenlistment Data Card)

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 record shows he enlisted in the Regular Army on 25 August 1966.  He completed training and he was awarded military occupational specialty (MOS) 05H (Morse Interceptor).  

3.  He served in Vietnam from 3 September 1967 to 2 September 1968.  He was assigned in his MOS to the 330th Radio Research Unit.

4.  He served in Vietnam a second time from 31 May 1969 to 28 May 1970.  He was assigned to the:

* 156th Aviation Company, 224th Aviation Battalion, from 3 July 1969 to 21 December 1969 performing duties as a Morse Interceptor
* 146th Aviation Company, from 22 December 1969 to 28 May 1970 performing duties as a Morse Interceptor

5.  General Orders Number 2555, issued by Headquarters, USARV, dated
14 July 1969, awarded him the Air Medal for meritorious achievement while participating in aerial flight from 1 to 7 July 1969.

6.  He was honorably released from active duty on 28 May 1970.  His DD Form 214, as amended by his DD Form 215, shows the:

* National Defense Service Medal
* Vietnam Service Medal with one silver service star and three bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Good Conduct Medal
* Air Medal
* Meritorious Unit Commendation (2nd Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

7.  He submitted various forms related to flight hours, missions, and awards of the Air Medal.

	a.  A DA Form 759 for the period July through December 1969 shows during his assignment to the 156th Aviation Company, he completed 412 single engine flying hours.  A breakdown of his flight hours accrued/flight hours by months is shown as follows: 

Month/Year
Monthly Flying Hours
July 1969
24
August 1969
24
September 1969
24
October 19
24
November 1969
24
December 1969
24
Total Flying Hours
144
	b.  A USARV Form 131 that chronicled the number of hours and missions he completed by aircraft, type, and date while assigned to the 156th Aviation Company.  This form:

* identified the applicant as holding the primary duty position of "Operator" and is signed by a captain who identified himself as the Flight Operations Officer"
* specifies the type of missions as "CA" (combat assaults) and is grouped by periods of time wherein each period corresponds to
25 hours of flying time and 25 missions
* contains handwritten entries of the number of oak leaf clusters for each grouping of 25 hours/25 missions, for a total of 15 oak leaf clusters 

	c.  On 22 December 1969, the applicant was reassigned to the 146th Aviation Company.  His DA Form 759 for the period January through May 1970 shows he was appointed to flight status as a crewmember while assigned to the 146th Aviation Company. 

	d.  A DA Form 759 for the period January through May 1970 shows during his assignment to the 146th Aviation Company, he completed 675 flying hours.  A breakdown of his flight hours accrued/flight hours by months is shown as follows: 

Month/Year
Monthly Flying Hours
January 1970
8.3
February 1970
24
March 1970
24
April 1970
24
May 1970
24
Total Flying Hours
104.3
	e.  An ASCV Form 131 chronicled the number of hours and missions by aircraft, type, and date, the applicant completed while assigned to the
146th Aviation Company.  This form:

* is signed by a captain who identified himself as the Flight Operations Officer"
* specifies the type of missions as "CA" and is also grouped by periods of time wherein each period corresponds to 25 hours of flying time and
25 missions
* contains handwritten entries of the number of oak leaf clusters for each grouping of 25 hours/25 missions
* continues with the number of oak leaf clusters and shows the entries
16th through 20th oak leaf cluster

	f.  DA Forms 759-1 from January through May 1970 that show 412 hours of flight time was brought forward and that during the period January through May 1970, he completed the following number of flight hours as a first pilot (there is no category for crewmember): 


Month/Year
Monthly Flying Hours
Brought Forward
412
January – February 1970
71.5 
March 1970
87.8
April – May 1970
103.4
Total Flying Hours
675
8.  His records do not contain official orders awarding him the Aircraft Crewmember Badge or any additional awards of the Air Medal.

9.  Army Regulation 600-8-22 (Military Awards) states 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 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.
10.  USARV Regulation 672-1 (Decorations and Awards) provided 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.  It states 25 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.

	a.  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.

	b.  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.

11.  Army Regulation 672-5-1 (Awards) provided for temporary and permanent award of the Aircraft Crew Member Badge.  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.

	a.  To be eligible for temporary award of this badge an individual had to be on flying status as a crew chief 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 are authorized to wear the badge temporarily until relieved from these duties or they may be authorized permanent wear of the Aircraft Crew Member Badge once they have 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 are 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 are not personally responsible are entitled to permanent wear of the Aircraft Crew Member Badge.  Further, an individual who has 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 is entitled to permanent award of the Aircraft Crew Member Badge.

12.  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
DISCUSSION AND CONCLUSIONS:

1.  With respect to the Air Medal:

	a.  The applicant served in Vietnam on two occasions.  During his second tour, from 31 May 1969 to 28 May 1970 – a period of 12 months, he was assigned to two units and performed flight duties with both units.

	b.  The multiple forms he submitted, including the DA Forms 759 and
DA Forms 759-1 clearly confirm he was eligible for at least 21 additional awards of the Air Medal based on the handwritten entries of 21 oak leaf clusters shown on the USARV Forms he submitted.

	c.  Under USARV Regulation 672-1, aircrew members were required to have a minimum of 25 category I missions and 25 flight hours to qualify for each award of the Air Medal.  He was awarded the Air Medal for aerial flight from 1 to 7 July 1969.   Therefore, the documents he submitted are accepted as evidence he was awarded 21 additional awards of the Air Medal, including the one in his official personnel file.  Therefore, his DD Form 214 should be corrected to show the Air Medal with Numeral "22."

2.  With respect to the Aircraft Crewmember Badge:

	a.  The applicant does not meet the criteria for this award.  In order to be awarded a permanent award of this badge, he would have had to hold the principal duty assignment as a crewmember, had to be on flying status for
12 months, and required to have been qualified based on a Class III physical examination.

	b.  Orders reassigned him from the 224th Aviation Battalion to the
146th Aviation Company on 22 December 1969 and appointment to flight status as a crewmember while assigned to the 146th Aviation Company.  He appears to have performed such duties through May 1970, the date he departed Vietnam.

	c.  Regretfully, he performed duties as a crewmember for a period of less than 12 months.  Additionally, his record is void of evidence that shows he was qualified based on a Class III physical examination while holding the principal duty assignment as a crewmember.  Also, it appears that the duties he performed (Morse Interceptor) did not qualify him for award of the Aircraft Crewmember Badge.

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:

	a.  deleting from his DD Form 214 the Air Medal; and

	b.  adding to his DD Form 214 the Air Medal with Numeral "22."

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 the award of the Aircraft Crewmember Badge and correction of his DD Form 214 to show this award.



      ___________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)                                         AR20110024572



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110024572



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1