IN THE CASE OF:	  

		BOARD DATE:	  20 November 2012

		DOCKET NUMBER:  AR20120006771 


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 (Report of Separation from Active Duty) to show:

   a.  his Aviation achievements;
   
   b.  his Letters of Commendation;
   
   c.  award of the "Master Aviator Wings" (correctly known as the Master Aviator Badge);
   
   d.  his ratings as a U.S. Army Europe (USAREUR) Standardization Instructor Pilot (SIP) from 1969 to 1972, Theater Army Support Command Aviator of the Year in 1971, Airfield Flight Examiner, and Assistant Flight Standardization Officer; and 
   
   e.  his completed schools, specifically the Flight Examiner School at Ft. Rucker, AL in 1972, and the Naval Postgraduate School (NPGS), Rotary Wing (R/W) Aviation Safety and Accident Course.  

2.  He states:

	a.  after reviewing his records he realized they did not note all of his ratings and badges he was authorized;

	b.  at every assignment, he assured that all schools, flight hours, and other special accomplishments were promptly delivered to the personnel office for entry into his records;

	c.  even though he trusted the U.S. Army to carefully maintain his records, he realized it was his responsibility to ensure the various personnel offices completed and professionally performed their functions;

	d.  he should have been awarded "Master Aviator Wings" for achieving 3,000 or more flying hours;

	e.  it appears that all of the flight records were destroyed at Ft. Rucker, AL so he can only provide his Master Log; and 

	f.  he completed several ratings and schools which are missing from his record.

3.  He provides his diploma from the NPGS and Master Log for flight hours.

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.  Following prior enlisted service, the applicant was appointed as a Reserve warrant officer one (WO1) on 24 October 1967 with a concurrent call to active duty.  He completed training and was awarded military occupational specialty 100B (Pilot).  

3.  Headquarters, 1st Aviation Brigade, General Orders Number 6476, dated 19 September 1968, awarded him the basic Air Medal for action from 12 April to 11 May 1968 in the Republic of Vietnam (RVN).  

4.  Headquarters, 1st Aviation Brigade, General Orders Number 3591, dated 28 July 1968, awarded him the Air Medal (First through Eighteenth Oak Leaf Clusters) for action from 12 May 1968 to 9 April 1969 in the RVN.  

5.  He was assigned to the 361st Aviation Company in the RVN from 6 April 1968 to 3 May 1969.

6.  His DA Form 2-1 (Personnel Qualification Record – Part II) shows in:

	a.  item 5 (Oversea Service), he served in the RVN from 6 April 1968 to 3 May 1969 and in Germany from 10 June 1969 to 25 April 1972;

	b.  item 9 (Awards, Decorations and Campaigns), award of the National Defense Service Medal (NDSM), Army Aviator Badge, Parachutist Badge, RVN Campaign Medal (RVNCM) with Device (1960), Vietnam Service Medal (VSM), Presidential Unit Citation (PUC), RVN Gallantry Cross (RVNGC) with Gold Star, four Overseas Service Bars, Senior Aviator Badge, and Armed Forces Reserve Medal (AFRM);

	c.  item 17 (Civilian Education and Military Schools), he completed the AH-1G Cobra Helicopter Course in 1968 (3 weeks); Standard Instructor R/W Course in 1969 (9 weeks); CH-34C Choctaw Helicopter Course in 1970 (4 weeks); R/W Instructor Course Far East Command in 1973 (6 weeks); Helicopter Aviation Safety Officers' Course in 1976 (8 weeks); and Aviation Accident Prevention Course in 1977 (2 weeks);

	d.  item 18 (Appointments and Reductions), he was promoted to chief warrant officer three (CW3) on 24 October 1977; and

	e.  item 35 (Record of Assignments), he performed the following duties and was issued a DA Form 67-6 (U.S. Army Officer Efficiency Report) and DA Form 67-7 (U.S. Army Officer Evaluation Report) for the periods covering 1969 to 1972:

Principal Duty
Unit
Dates
Helicopter Pilot (Combat Operations)
361st Aviation Company
4 January-2 May 1969
Helicopter Pilot
56th Aviation Detachment (USAREUR)
11 June 1969-3 May 1970
R/W Aviator
56th Aviation Detachment (USAREUR)
2 June-25 October 1971
R/W Aviator
Company C, 158th Aviation Battalion, 101st Airborne Division
18 November 1972-24 February 1973
7.  His service record includes his DA Forms 67-6 and DA Forms 67-7 which indicate he received ratings during 1968 through 1973:  

Period Covered
Principal Duty 
Duty Assignments
9 November 1968-2 May 1969
Helicopter Pilot
Flew armed helicopter on combat assault and combat support missions
3 May 1969-8 May 1970
R/W Aviator
Instructor Pilot in CH-34 aircraft and Aircraft Commander in UH-1 aircraft
9 May 1970-7 March 1971
R/W Aviator
Flew VIP (very important person) missions, Mess Fund Custodian, and was R/W Standardization Officer
8 March-1 June 1971
R/W Aviator
Flew VIP missions and was SIP in the UH-1
2 June-24 October 1971
R/W Aviator
Flew VIP missions, was Administrative Officer, and Instructor Pilot UH-1B,D and AH-10
25 October 1971-25 April 1972
R/W Aviator
Flew VII missions and was Administrative Officer, Unit Fund Custodian, SIP 
UH-1B, D and H
25 April-17 November 1972
R/W Aviator
Performed as a Unit of Choice (UOC) recruiter
18 November 1972-29 February 1973
R/W Aviator
Performed as a UOC recruiter 
8.  His service record includes three Letters of Commendation, dated 8 June 1970 (signed by a general officer), 25 April 1972 (signed by his company commander), and 31 October 1972 (signed by his commanding officer).  

9.  He provided a diploma from the NPGS which indicates he completed the Aviation Safety Officers' Course on 7 May 1976.  

10.  He also provided his personally maintained Master Log of his flight hours which indicates he completed 3,076 flight hours as a flight instructor, pilot in command, and second in command.  



11.  He was retired from active duty on 28 February 1979 and placed on the retired list in the rank of CW3.  His DD Form 214 shows in:

   a.  item 16a (Primary Specialty Number and Title), he was awarded and held primary specialty 100EO (Pilot, AH-1G Helicopter);
   
   b.  item 16b (Secondary Specialty Number and Title), he was awarded secondary specialty 100B6 (UH-1 Helicopter Flight Examiner);

   c.  item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), award of the NDSM, AFRM, VSM, RVNCM with Device (1960), RVNGC with Gold Star, Parachutist Badge, Army Aviator Badge, and Senior Army Aviator Badge; and

   d.  item 27 (Remarks), he completed the Standard Instructor R/W Course (9 weeks) and Helicopter Aviation Safety Officer Course (8 weeks) 

12.  His service record is void of orders which indicate he was awarded the Master Army Aviator Badge.

13.  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 the applicant was assigned was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 22 February 1967 to 17 May 1968 by Department of the Army General Order Number 21, dated 1969.

14.  Army Regulation 635-5 establishes the policies and procedures for completion and distribution of the DD Form 214.  The regulation in effect at the time stated that formal in-service training courses successfully completed during the period of service will be listed in item 32 (Remarks) of the DD Form 214.

15.  Army Regulation 635-5 provides that item 26 of the DD Form 214 will reflect decorations, medals, badges, citations and campaign ribbons awarded or authorized for all periods of service.  The regulation does not indicate that Certificates of Achievement, Letters of Appreciation, and similar documents are to be recorded on the DD Form 214.  In addition, the regulation does not provide guidance about adding officer evaluation ratings on the DD Form 214.

16.  Army Regulation 600-8-22 (Military Awards), paragraph 8-17 states there are three degrees of the aviator badges authorized for award:  (1) Basic Army Aviator Badge; (2) Senior Army Aviator Badge; and (3) Master Army Aviator Badge.  The eligibility criteria are as follows, in part:
	a.  U.S. personnel must have satisfactorily completed prescribed training and proficiency tests as outlined in Army Regulation 600-105 and must have been designated as an aviator in orders;

	b.  as a minimum, officers recommended for award of the advanced aviator badges must:  

		(1)  Be currently qualified for flying duty in their respective military service.

		(2)  Be medically qualified.

		(3)  If not a graduate of an initial entry U.S. Army aviation course, have attended a formal training or aircraft transition course conducted at Fort Rucker or at an U.S. Army Aviation Training School.

		(4)  Have 1000 flying hours in aircraft and 7 years from basic rating date for the Senior Aviator Badge; have 2000 hours in aircraft and 15 years from basic rating date for the Master Aviator Badge.

17.  Army Regulation 600-8-22 states 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.

18.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.  Appendix B shows that during his service in Vietnam, campaign participation was awarded for the Vietnam Counteroffensive Phase IV, Vietnam Counteroffensive Phase V, Vietnam Counteroffensive Phase VI, and 
Tet 69/Counteroffensive campaigns.

DISCUSSION AND CONCLUSIONS:

1.  General orders show he was awarded the basic Air Medal and Air Medal (First through Eighteenth Oak Leaf Cluster), which is a total of 19 awards of the Air Medal.  Therefore, his DD Form 214 should be amended to show these awards.

2.  His service record shows he received three Letters of Commendation.  However, the governing regulation (Army Regulation 635-5) in effect at the time did not authorize Letters of Commendation to be recorded on the DD Form 214.

3.  The evidence of record shows he was awarded the Senior Aviator Badge.  Although he provided his personally maintained master log of his flight hours which shows he completed over 3,000 flight hours, his service record is void of evidence which shows verified flight hours.  Therefore, there is insufficient evidence to show he met all of the requirements for award of the Master Aviator Badge.

4.  His service record properly reflects he received ratings as a Helicopter Pilot and R/W Aviator and performed duties as a USAREUR SIP, Instructor Pilot, R/W Standardization Officer, and Administrative Officer during the periods 1969 to 1972, but there are no provisions for recording this information on the DD Form 214.  Therefore, there is no basis for granting this portion of his request.

5.  His service record does not include evidence which shows he was honored as the Theater Army Support Command Aviator of the Year in 1971.  In any case, there are no provisions for recording this information on the DD Form 214.  Therefore, there is insufficient evidence to correct his records to show this award.

6.  His service record is void of evidence and he has not provided any evidence which shows he completed the Flight Examiner School at Ft. Rucker, AL in 1972.  However, the evidence of record shows he completed the following courses and they should be added to his DD Form 214:

* AH-1G Cobra Helicopter Course in 1968 (3 weeks)
* CH-34C Choctaw Helicopter Course in 1970 (4 weeks)
* R/W Instructor Far East Command in 1973 (6 weeks)
* Aviation Accident Prevention Course in 1977 (2 weeks)

7.  He was assigned to a unit in Vietnam during a period the unit was cited for award of the RVN Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.   

8.  He received credit for participation in four campaigns during the Vietnam War.  Therefore, his DD Form 214 should be amended to reflect four bronze service stars for wear on his already-awarded Vietnam Service Medal.

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 the DD Form 214 of the individual concerned for the period ending 28 February 1979 be corrected by:

	a.  deleting the Vietnam Service Medal from item 26;

	b.  adding award of the Air Medal with Numeral "19," RVN Gallantry Cross with Palm Unit Citation, and Vietnam Service Medal with four bronze service stars to item 26; and

	c.  amending item 27 to show he completed the courses:

* AH-1G Cobra Helicopter Course, 3 weeks, 1968
* CH-34C Choctaw Helicopter Course, 4 weeks, 1970 
* R/W Instructor Far East Command, 6 weeks, 1973
* Aviation Accident Prevention Course, 2 weeks, 1977

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 correction of his DD Form 214 to show:

	a.  his Letters of Commendation;

	b.  award of the Master Aviation Badge;

	c.  his ratings as a USAREUR SIP, Theater Army Support Command Aviator of the Year in 1971, Airfield Flight Examiner, and Assistant Flight Standardization Officer; and

	d.  he completed the Flight Examiner School at Ft. Rucker, AL in 1972.



      _______ _   __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)                                         AR20120006771





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ABCMR Record of Proceedings (cont)                                         AR20120006771



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