IN THE CASE OF:	  

		BOARD DATE:	  31 July 2012

		DOCKET NUMBER:  AR20120002134 


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 additional awards and decorations. 

2.  The applicant states his DD Form 214 omitted some awards or decorations.  Specifically, awards related to his performance while on flight status, including his flight wings (Aircraft Crewmember Badge). 

3.  The applicant provides:

* DD Form 214
* DA Form 759 (Individual Flight Record and Flight Certificate - Army)
* DA Form 759-1 (Individual Flight Record and Flight Certificate - Army)
* Special Orders (SO) Number 309 (flying status)
* Record of Flying Time
* Breakdown of awards of what appear to be the Air Medal

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.  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
3.  The applicant's records show he enlisted in the Regular Army on 4 February 1970.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 67N (UH-1 Helicopter Repairman).  

4.  He served in Vietnam from 2 August 1970 to 1 August 1971.  He was assigned as a crew chief to A Troop, 7th Squadron, 1st Cavalry Regiment.  

5.  On 5 November 1970, Headquarters, 1st Aviation Brigade, Vietnam, published SO Number 309 authorizing him the flying status of "Non-aviator Crewmember" to participate regularly and frequently in aerial flight as a crewmember, effective 16 October 1970.

6.  During his service in Vietnam, he completed various combat missions.  His DA Form 759, covering the period 18 October 1970 to 18 July 1971, shows he completed 1,128.2 single rotary flying hours.  However, this form only shows his flight time; it does not show the Mission IDs.  Furthermore, a breakdown of his flying time is shown in DA Forms 759-1 as follows: 

Month/Year
Monthly Flying Hours
October 1970
82.5 
November 1970
141.3 
December 1970
126.6
January 1971
140.5
February 1971 
125
March 1971
89.9
April 1971
122.7
May 1971
135.1
June 1971
115.3
July 1971
55.9


Total Flying Hours
1,128.2
7.  A breakdown of what appears to be multiple awards of the Air Medal submitted by the applicant shows 17 awards of the Air Medal between 18 October 1970 and 6 July 1971. 

8.  Headquarters, 1st Aviation Brigade, published the following general orders (GO) awarding him the:

* GO Number 2146, on 15 March 1971, the Air Medal with "V" Device
* GO Number 5491, on 27 July 1971, the Bronze Star Medal
* GO Number 5601, on 31 July 1971, the Army Commendation Medal with "V" Device

9.  His records do not contain official orders awarding him the Aircraft Crewmember Badge or any additional awards of the Air Medal. 

10.  He was reassigned to Fort Hood, TX, on or about September 1971 where he performed duties in MOS 95B (Military Police) with the 502nd Military Police Company and remained until his release from active duty.

11.  GO Number 1555, issued by Headquarters, 2nd Armored Division, Fort Hood, TX, on 27 October 1972 awarded him the Army Good Conduct Medal    (1st Award).

12.  He was honorably released from active duty on 3 November 1972.  His DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal with 2 bronze service stars
* Republic of Vietnam Campaign Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Air Medal with "V" Device
* Army Commendation Medal with "V" Device
* Bronze Star Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

13.  Army Regulation 600-8-22 (Military Awards) 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.

14.  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.  

15.  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.

16.  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.

17.  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.

DISCUSSION AND CONCLUSIONS:

1.  With respect to the Air Medal:

	a.  The applicant served in Vietnam with a cavalry regiment from 2 August 1970 to 1 August 1971.  During this period of service, he was awarded the Air Medal with "V" Device for heroism while engaged in aerial flight.
	b.  He also completed 1,128.2 flying hours.  However, the mission category (assault, support, combat operations…etc) is unknown.  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. 

	c.  He completed 1,128.20 flying hours and he provides a breakdown of what appears to be multiple awards of the Air Medal which shows 17 awards of the Air Medal between 18 October 1970 and 6 July 1971.  This document, combined with his two awards for valor, is accepted as evidence he was awarded 17 awards of the Air Medal and should have his DD Form 214 corrected to show these awards. 

2.  With respect to the Aircraft Crewmember Badge:

   a. Although he held MOS 67N and performed duties of crew chief from October 1970 to July 1971, this period was less than 12 months.  

	b.  Nevertheless, 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 is entitled to permanent award of the Aircraft Crew Member Badge. 

	c.  Given his award of the Air Medal for heroism and given the number of flying hours that qualified him for at least 17 awards of the Air Medal, it is reasonable to presume he participated in at least 15 combat missions under exposure to enemy fire while serving as a crew chief.  He appears to have met the criteria for award of the Aircraft Crewmember Badge and should have his records corrected to show it. 

3.  GO awarded him the Good Conduct Medal (1st Award) which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* awarding him the Aircraft Crewmember Badge 
* deleting from his DD Form 214 the Air Medal with "V" Device
* adding to his DD Form 214 the Air Medal (17th Award) and with "V" Device and the Army Good Conduct Medal and the Aircraft Crewman Badge   



      _______ _   _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)                                         AR20120002134



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ABCMR Record of Proceedings (cont)                                         AR20120002134



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