IN THE CASE OF:	  

		BOARD DATE:  18 September 2012

		DOCKET NUMBER:  AR20120004714 


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 Aircraft Crewmember Badge (now known as the Basic Aviation Badge) and/or the Air Medal.

2.  The applicant states while assigned to the 3rd Surgical Hospital, Vietnam, he volunteered to fly hundreds of hours with the 57th Medical Detachment as a patient protector (light arms door gunner).  He was never on paid flight status, but he did engage the enemy and assist the medic.  He believes he deserves recognition for his efforts such as the Basic Aviation Badge and/or the Air Medal.  He recently has been in contact with his commanding officer and he (the commander) believes he is deserving of these awards.  Patient protectors were not considered crewmembers unless they were wounded or killed, then their status was logged in as training.

3.  The applicant provides:

* a statement of support
* sixteen pages of email dated between 17 August 2000 and 21 October 2001
* a Department of Veterans Affairs page titled Information in Support of Claim for Service Connection for Post-Traumatic Stress Disorder with a personal statement, dated 7 January 2002
* a statement of certification, dated 9 May 2003
* five pages of email dated between 23 May and 8 September 2007
* a photograph

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 7 January 1969 and he held military occupational specialty (MOS) 91B (Medical Specialist).  He served in Vietnam from 22 January to 7 December 1970 while assigned to the 3rd Surgical Hospital in duty MOS 91A (Medical Corpsman).

3.  He was honorably released from active duty on 24 November 1971 and transferred to the U.S. Army Reserve.  He completed 2 years, 10 months, and 2 days of net active service.

4.  The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued does not show award of the Basic Aviation Badge or the Air Medal.
 
5.  There are no orders in his records showing award of the Basic Aviation Badge or the Air Medal.

6.  His record does not contain orders showing he was attached to the 57th Medical Detachment as a gunner during his service in Vietnam.

7.  His record does not contain a DA Form 759-1 (Individual Flight Record and Flight Certificate - Army) that shows he served on flight status as a gunner during his service in Vietnam.  

8.  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 Air Medal pertaining to the applicant.

9.  The applicant provides a statement of support, dated 8 January 2011, from Dr. DLF, that stated he (Dr. DFL) was a former helicopter crew chief in Vietnam assigned to the 57th Medical Air Ambulance unit and the applicant flew numerous combat missions with him as his "patient protector."  He further stated many of the missions were night hours and were not always well-recorded.  He did not state what timeframe this occurred or how many missions the applicant completed.

10.  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.  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.

11.  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.

DISCUSSION AND CONCLUSIONS:

1.  The requirements for the temporary award of the Basic Aviation 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 gunner.  The wearing of the badge was authorized only during the period the individual was assigned those duties.  A permanent award of this badge would have required the applicant to hold the principal duty assignment of gunner, be on flying status as a gunner for 12 months, and he would have been required to have been qualified based on a Class III physical examination.  

2.  Notwithstanding the applicant's sincerity or the recollection of a former crew chief of events that occurred over 40 years ago, there is no evidence that shows he served on flight status while holding the principal duty assignment of gunner for the required 12 months during his service in Vietnam, or that he was medically qualified based on a Class III physical.  Therefore, he does not meet the criteria for award of the Basic Aviation Badge.

3.  The Air Medal is awarded in the time of war for heroism and for meritorious achievement or service while participating in aerial flight.  The evidence of record is void of orders showing the applicant was ever on flight status during his service in Vietnam.  Therefore, he does not meet the criteria for award of the Air Medal.  In any case, his record is void of orders showing he was awarded the Air Medal.  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 Air Medal).  

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)                                         AR20120004714



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ABCMR Record of Proceedings (cont)                                         AR20120004714



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