IN THE CASE OF:	

		BOARD DATE:	      21 August 2012

		DOCKET NUMBER:  AR20120003992


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) for the period ending 14 December 1971 to show award of the Air Medal (9th through 18th Award)
* additional Air Medals based on the additional combat flight time he accrued during his second tour of duty in the Republic of Vietnam
* issuance of two "honorable discharge lapel pins" (properly known as Army Lapel Buttons)

2.  The applicant states:

* he was awarded the Air Medal (9th through 18th Award) for his service in the Republic of Vietnam during the period March 1970 through October 1970 – this should be reflected on his DD Form 214
* he never received additional awards for his flight time in the Republic of Vietnam during the period August 1971 through November 1971 – this should be corrected and the appropriate awards should be issued
* he never received the two "honorable discharge lapel pins" he should have received

3.  The applicant provides:

* Air Medal (2nd through 8th Award) Citation for the period 9 May 1970 through 28 July 1970
* General Orders (GO) Number 10658 issued by Headquarters, 1st Aviation Brigade, dated 29 October 1970
* DD Form 214 for the period ending 21 January 1970 (two copies)
* DD Form 214 for the period ending 14 December 1971

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 enlisted in the Regular Army on 20 September 1968.  He completed training and was awarded military occupational specialties (MOS) 71B (Clerk Typist) and 72B (Communications Center Specialist).

3.  On or about 20 March 1969, he began his first tour of duty in the Republic of Vietnam.

4.  On 23 March 1969, he was assigned to Headquarters and Headquarters Company (HHC), 593d General Support (GS) Group, Vietnam, where he served in MOS 71B as a clerk typist.

5.  On 21 January 1970, he was honorably discharged for the purpose of immediate reenlistment with subsequent reassignment to MOS 67N (Utility Helicopter-1 Helicopter Repairman).  His DD Form 214 for this period of service shows he was awarded or authorized the National Defense Service Medal, Vietnam Service Medal, and Republic of Vietnam Campaign Medal with Device (1960).  The highest rank/pay grade he attained during this period was specialist four/E-4.

6.  On or about 17 February 1970, he was reassigned to the 117th Aviation Company (Assault Helicopter), 1st Aviation Brigade, where he was reclassified into MOS 67N and served as a door gunner and crew chief.

7.  Special Orders Number 67 issued by Headquarters, 1st Aviation Brigade, dated 8 March 1970, authorized him flying status as a non-aviator crewmember to participate regularly and frequently in aerial flight as a crewmember effective 24 February 1970.

8.  He participated in various combat missions during his service in the Republic of Vietnam.  His record contains several DA Forms 759 (Individual Flight Record and Flight Clearance – Army – Part I) covering the period March 1970 to November 1970 which show he completed 667 flight hours.  The corresponding DA Forms 759-1 (Individual Flight Record and Flight Clearance – Army – Part II) show these hours were completed during combat missions; however, the specific number of combat missions flown is not shown.

9.  Headquarters, 1st Aviation Brigade, published the following GO pertaining to the applicant:

* GO Number 7636, dated 8 August 1970, awarded him the Air Medal for meritorious achievement while participating in aerial flight during the period 10 March 1970 through 8 May 1970
* GO Number 7564, dated 6 August 1970, awarded him the Air Medal (2nd through 8th Award) for meritorious achievement while participating in aerial flight during the period 9 May 1970 through 28 July 1970
* GO Number 10658, dated 29 October 1970, awarded him the Air Medal (9th through 18th Awards) for meritorious achievement while participating in aerial flight during the period 10 March 1970 through 21 October 1970

10.  On or about 27 November 1970, he completed his first tour of duty in the Republic of Vietnam and was reassigned to the continental United States.

11.  On or about 5 August 1971, he was reassigned to the 117th Aviation Company (Assault Helicopter), 1st Aviation Brigade, where he served as a crew chief in MOS 67N during his second tour in the Republic of Vietnam.

12.  Special Orders Number 306 issued by Headquarters, 1st Aviation Brigade, dated 2 November 1971, authorized him flying status as a non-aviator crewmember to participate regularly and frequently in aerial flight as a crewmember effective 17 August 1971.

13.  His record contains a DA Form 759 covering the period August 1971 to September 1971 which shows he completed an additional 52 hours of flight time during this period.  However, this form only shows his flight time, it does not identify the types of missions flown.  The corresponding DA Form 759-1 shows these additional hours were completed during combat missions; however, the specific number of combat missions flown is not shown.

14.  Special Orders Number 320 issued by Headquarters, 1st Aviation Brigade, dated 2 November 1971, terminated his flying status as a non-aviator crewmember effective 1 November 1971.

15.  On 14 December 1971, he was honorably discharged from the Army.  His DD Form 214 for this period of service shows he was credited with the completion of 3 years, 2 months, and 25 days of total active service.  The highest rank/grade he attained during this period of active duty was specialist five/E-5.  Item 24 of his DD Form 214 shows he was awarded or authorized the:

* Army Commendation Medal
* Army Good Conduct Medal
* Air Medal
* Vietnam Service Medal with one bronze service star
* two overseas service bars

16.  His records do not contain orders awarding him any additional awards of the Air Medal.

17.  Army Regulation 95-1 (Flight Regulation) provided guidance for 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 to identify the type of mission performed.  During the Vietnam War, the following mission symbols 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 (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 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) governed the military awards program in Vietnam during the Vietnam War and provided guidelines for award of the Air Medal.  It stated 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.

	a.  Twenty-five category I missions (air assault and equally dangerous missions) and the 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.

	b.  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.

	c.  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 times and adjust it to a common denominator.

20.  Army Regulation 600-8-22 states the Army Lapel Button is a gratuitous issue and the eligibility requirements are as follows:  (a) Soldiers transitioning with an honorable characterization of service (those being transferred to another component for completion of a military service obligation and those receiving an Honorable Discharge Certificate); (b) transitioning under a non-adverse separation provision; (c) have served a minimum 9 months continuous service - a break in service is 24 hours or more; (d) have had active Federal service on or after 1 April 1984 or service in a Ready Reserve unit organized to serve as a unit (Army National Guard unit or Army Reserve troop program unit) on or after 1 July 1986; (e) retroactive issuance is not authorized; and (f) no Soldier separating from the Service is to be awarded more than one Army Lapel Button.

21.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided for temporary and permanent award of the Aircraft Crew Member Badge (now known as the Basic Aviation 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.  To be eligible 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.

22.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A silver service star will be work in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, the applicant participated in the following six campaigns:

* Tet 69 Counteroffensive 1969 (23 February 1969-8 June 1969)
* Vietnam Summer-Fall 1969 (9 June 1969-31 October 1969)
* Vietnam Winter-Spring 1970 (1 November 1969-30 April 1970)
* Sanctuary Counteroffensive (1 May 1970-30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970-30 June 1971)
* Consolidation I (1 July 1971-30 November 1971)

23.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the unit to which he was assigned, HHC, 593d GS Group, was cited for award of the Meritorious Unit Commendation for the period 1 June 1969 through 31 May 1970 in Department of the Army General Orders (DAGO) Number 48, dated 1971.

24.  Department of the Army Pamphlet 672-3 further shows the other unit to which he was assigned, the 117th Aviation Company (Assault Helicopter), was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 26 September 1971 through 10 October 1971 in DAGO Number 54, dated 1974
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 May 1969 through 15 May 1970 in DAGO Number 55, dated 1971

25.  Special Orders Number 285 issued by Headquarters, U.S. Army Training Center, Fort Campbell, KY, dated 7 November 1968, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 for the period ending 14 December 1971 to show award of the Air Medal (9th through 18th Award), additional Air Medals based on his additional combat flight time he accrued during his second tour of duty in the Republic of Vietnam, and two Army Lapel Buttons was carefully considered.

2.  General orders awarded him 18 awards of the Air Medal which are not properly shown on his DD Form 214.  The additional combat flight hours he accrued during his second tour of duty in Vietnam entitle him to two additional awards of the Air Medal.  Therefore, his DD Form 214 should be corrected to show the Air Medal with Numeral 20 to signify 20 awards.

3.  The evidence of record shows he was on flight status as a non-aviator crewmember or crew chief during the periods 24 February 1970 through 27 November 1970 and 5 August 1971 through 1 November 1971 – a combined period of 11 months and 29 days.  Given his previous 18 awards of the Air Medal and his flight hours that qualified him for at least 2 additional 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 or gunner.  Accordingly, he is entitled to permanent award of the Basic Aviation Badge and to correction of his records to show this award.

4.  His DD Form 214 for the period ending 14 December 1971 shows he was awarded the Vietnam Service Medal with one bronze service star.  The evidence of record shows he participated in six campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show the Vietnam Service Medal with one silver and one bronze service star.

5.  General orders awarded his units of assignment in the Republic of Vietnam the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  These unit awards are not shown on his DD Form 214 for the period ending 14 December 1971; therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

6.  His DD Form 214 for the period ending 21 January 1970 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, and Republic of Vietnam Campaign Medal with Device (1960).  Only the Vietnam Service Medal was represented on his DD Form 214 for the period ending 14 December 1971; therefore, his DD Form 214 for the period ending 14 December 1971 should be corrected to add the National Defense Service Medal and Republic of Vietnam Campaign Medal with Device (1960).

7.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) which is not shown on his DD Form 214 for the period ending 14 December 1971; therefore, he is entitled to correction of his DD Form 214 to show this marksmanship badge.

8.  He was twice honorably discharged.  However, in accordance with Army Regulation 600-8-22, no Soldier separating from the service may be awarded more than one Army Lapel Button.  Therefore, he is entitled to correction of his DD Form 214 to show a single Army Lapel Button.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X__ __  ___X____  ____X__   GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 amending his DD Form 214 for the period ending 14 December 1971 to delete the Air Medal and Vietnam Service Medal with one bronze service star and add the:

* Air Medal with Numeral 20
* National Defense Service Medal
* Vietnam Service Medal with one silver and one bronze service star
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Republic of Vietnam Campaign Medal with Device (1960)
* Basic Aviation Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Army Lapel Button

2.  The Board further determined 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 a second award of the Army Lapel Button.



      _______ _   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)                                         AR20100015543



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ABCMR Record of Proceedings (cont)                                         AR20120003992



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