IN THE CASE OF:	  

		BOARD DATE:	  14 October 2014

		DOCKET NUMBER:  AR20130021587 


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 reconsideration of his earlier request for award of the Army Commendation Medal and an unspecified number of Air Medals.  He requests that he be treated equally as his fellow Airmen.  

2.  He states:

	a.  He served in the same unit (92nd Assault Helicopter Company), served in the same area (II Corps), served during the same timeframe (1969 to 1970), and flew the same and similar missions as fellow airmen.

	b.  Most of his fellow Airmen received between 25 and 35 Air Medals and Army Commendation Medals.  He was told that he had been awarded similar awards.  He referenced attachment 1 (Letter of Recommendation from Commander) in which his commander stated the applicant was awarded the Army Commendation Medal for meritorious service while in the Republic of Vietnam (RVN), the basic Air Medal for participating in the requisite hours in aerial flight, and 25 additional Air Medals during his tour as a crew chief and door gunner.

	c.  At that time, some (Soldiers) received their medals and others’ paperwork was misplaced, as was his, due to the uncertainties of war.  He quoted passages from the book Unlikely Warriors - The Army Security Agency's Secret War in Vietnam 1961-1973, page 101 and from email correspondence.

	d.  He was advised that a confirmation from his Commander would be sufficient for a successful petition and the commander's letter reaffirms those awards.

	e.  As a Crew Chief, he was awarded an additional 25 Air Medals, one "V" Device, and the Army Commendation Medal.  The awards are confirmed by the officer who was both his commander and the commander of his aircraft.  His firsthand testimony is based upon direct observation while serving with him for an extended period during numerous combat missions.  The confirmation comes from a highly-accomplished pilot who has received a Distinguished Flying Cross and 42 Air Medals among many other awards.

	f.  At that time, air crews were awarded one Air Medal for every 25 hours of flight in combat operations and an Army Commendation Medal for every 
10 awards of the Air Medal.  As crew chief of a gunship all of his flights were combat operations.  He served aboard 4 ships, primarily the UH-1C 65-12741 helicopter as crew chief for a total of 683 hours.

	g.  Among other units, he served in support of the 5th Special Forces (Recondo School), 10th Pathfinders, the 101st and 173rd Airborne Divisions.  Additionally, he included photos that he took during operations as documentation of his mission participation.  He fought at Ninh Hoa, Gia Nia, Bao Loc, Duc Lap (Cambodian Border), Cam Ranh, Song Mao, Phan Rang, Phan Thiet, Dat Lat, Nha Trang, etc.

3.  He provides several documents that are listed as Attachments.  

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20120007143 on 27 November 2012.

2.  The applicant provided new arguments and evidence that will be considered by the Board.

3.  He enlisted in the Regular Army on 21 February 1966 for a period of 4 years.  He completed training and he was awarded military occupational specialty 67N (UH Helicopter Repairman).


4.  He was reassigned to Vietnam on 7 January 1969.  He arrived in Vietnam on 4 February 1969 and he was assigned to the 92nd Aviation Company (Assault Helicopter) from 13 February 1968 to 3 February 1969.  He was assigned duties as a door gunner and a crew chief.

5.  General Orders Number 3973, issued by Headquarters, 1st Aviation Brigade, dated 13 August 1969, awarded him the basic Air Medal for meritorious achievement while participating in aerial flight from 27 April to 11 May 1969.  His record does not contain flight records or orders awarding him any additional awards of the Air Medal.

6.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows the entry for the basic Air Medal and no entry for award of the Army Commendation Medal.

7.  On 5 February 1970, he was honorably released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.  He completed 3 years, 11 months, and 3 days of total active service.  His DD Form 214 shows he was awarded the:

* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) (listed twice)
* Expert Marksmanship Qualification Badge with Pistol Bar
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* two overseas service bars
* Air Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)

8.  His record contains a DD Form 215 (Correction to DD Form 214), dated
23 January 2005, that corrected his DD Form 214 for the period ending 5 February 1970 to add the:

* Aviation Badge
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Gallantry Cross with Gold Star
* Vietnam Service Medal with four bronze service stars

9.  He was issued a second DD Form 215, dated 8 January 2013, that corrected his DD Form 214 for the period ending 5 February 1970 to show award of the Army Good Conduct Medal.  

10.  Aside from the general orders awarding the applicant the basic Air Medal, review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any additional orders for award pertaining to the applicant.

11.  He provided the following documents:  

	a.  DA Form 873 indicating he was granted a Top Secret clearance on 23 May 1966.

	b.  A statement (undated) from his former company commander wherein he stated the applicant was awarded the Army Good Conduct Medal, Army Commendation Medal for meritorious service in Vietnam, the basic Air Medal, an Air Medal with "V" Device, and an additional 25 Air Medals.  The writer also provided a copy of his own DD Form 214 that shows, among other awards, the Air Medal with Numeral 42, Army Commendation Medal, and the Army Good Conduct Medal.

	c.  An email, dated 28 December 2011, from a former Soldier regarding his own experience with the ABCMR.  However, there is no reference to the applicant's issues.

	d.  An email, dated 2 February 2013, from a former Soldier regarding the records of the 92nd Aviation Company (Assault Helicopter).  The former Soldier stated that it was almost guaranteed that some 92nd Aviation Company's records disappeared in the notorious destruction of records that occurred regularly during the Vietnam era.  Records enroute to sorting warehouses became filled to overflowing at which time the civilian contractors who were sorting the records were instructed to burn them in the incinerator along with tons of non-applicable records.  

	e.  Excerpts from the book, Unlikely Warriors - The Army Security Agency's Secret War in Vietnam 1961-1973, stating "Lost personnel records, missed promotions and awards, and the lack of other normal administrative support was just a small part of the problems that this 'Army within an Army' created."

	f.  A listing of the 92nd Aviation Helicopter Company and crew members which shows he was a crew chief of the UH-1C, 65-12741(3) from February 1969 to February 1970.

	g.  A listing of his Authorization Report for Display Recognitions and Replacement Medals/Hardwear obtained from the Amervets.com website which shows authorization for one Air Medal.

12.  Army Regulation 600-8-22 (Military Awards) states:

	a.  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.  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.

	b.  The Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

13.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided guidelines for award of the Air Medal for sustained operations.  Appendix IV required that recommendations for award of the Air Medal for crewmembers or non-crewmembers on flying status would be submitted on USARV Form 157-R.  The recommendation for award must also have stated that the individual "met the required number of missions and hours for award of the Air Medal"; that "the individual has not caused, either directly or indirectly, an aircraft abort, late take-off, accident or incident"; and that the "individual's accomplishments and service throughout the period have reflected meritorious performance, with no instance of nonprofessionalism, mediocrity, or failure to display an aggressive spirit."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions regarding his entitlement to award of the Army Commendation Medal and additional awards of the Air Medal were carefully considered.  However, there is still insufficient evidence on which to grant relief.  

2.  The applicant's contentions in regard to him being treated equally as his fellow Airmen are acknowledged.  Although he states he served in the same unit, served in the same area during the same timeframe, and flew the same missions as his fellow Airmen, his service record does not contain any record of his specific flight hours or orders for award of the Air Medal with "V" Device or any additional awards of the Air Medal.  In the absence of sufficient evidence, there is no basis for granting him additional awards of the Air Medal.  

3.  The applicant's service record does not contain orders or a recommendation for award of the Army Commendation Medal.  Absent such orders, there is an insufficient evidentiary basis for awarding him the Army Commendation 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 to amend the decision of the ABCMR set forth in Docket Number AR20120007143, dated 27 November 2012.



      ____________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)                                         AR20130021587



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ABCMR Record of Proceedings (cont)                                         AR20130021587



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