IN THE CASE OF:	

		BOARD DATE:	    20 August 2015

		DOCKET NUMBER:  AR20150000614


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 he was awarded the Air Medal and the Aircraft Crew Member Badge for his service as a crew chief in the Republic of Vietnam.

2.  The applicant states these awards are not reflected on his DD Form 214.

   a.  He served in the 604th Transportation Company from May 1969 to May 1970.  He started out on the Helicopter Recovery Team soon after he arrived in Vietnam; later he was assigned to be the door-gunner on one of the unit's helicopters.  In August of 1969, he became the crew chief on helicopter #66-16092, which he crewed until the end of February 1970.  He also continued to be on the Recovery Team when needed.  During the last few months in country, he served as the crew chief on helicopter #68-16604, which was a new ship his unit received and he crewed it through its first 100-hour inspection.  

   b.  He was on many air missions and recoveries during his time in Vietnam and he knows he had more than enough hours to qualify for the Air Medal and the Aircraft Crew Member Badge.  For unknown reasons, his records do not reflect this, and to this day he does not know why.  He sent a letter to the Personnel Center in St. Louis in 1987 trying to update his DD-214, and they sent him an updated DD Form 215 (Correction to DD Form 214); however, it did not include the Air Medal or the Aircraft Crew Member Badge.

   c.  He recently got in touch with some of his former crew members from the 604th Transportation Company and they gladly sent him sworn letters of support and testimony to validate his service as a crew chief in Vietnam.  The letters all testify to the accuracy of what he is saying.  He has included pictures of his time in Vietnam and the former crewmen, including a warrant officer with whom he flew a number of missions.  He also included two (2) newspaper clippings that the 604th Transportation Company sent to his local newspaper while he was serving in Vietnam.

3.  The applicant provides:

* copies of his DD Form 214 and DD Form 215
* third-party letters of support from 3 fellow Soldiers he served with in the Republic of Vietnam, including copies of each author's DD Form 214
* 2 short newspaper clippings that document the applicant's promotion to the rank of specialist five (SP5) and his award of the Bronze Star Medal
* several photographs depicting his service in Vietnam

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 21 October 1968.  Following the completion of formal training, he was awarded military occupational specialty (MOS) 67Y (Attack Helicopter (AH)-1 Repairman) on 27 March 1969.  He was awarded MOS 67N (Utility Helicopter (UH)-1 Repairman) on 12 February 1970.  The highest rank/grade he attained during his period of service was SP5/E-5.

3.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from on or about 25 May 1969 through on or about 27 May 1970.  

4.  Item 38 (Record of Assignments) of his DA Form 20 shows he was assigned to the 604th Transportation Company during his period of service in the Republic of Vietnam.

5.  He was honorably released from active duty on 27 May 1970, following the completion of 1 year, 7 months, and 7 days of total active service, including        1 year and 3 days of foreign service in the U.S. Army Pacific (USARPAC) Theater of Operations (Vietnam).  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* Republic of Vietnam Campaign Medal with Device (1960) (VCM)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

6.  A DD Form 215 was prepared on 31 March 1987 to correct errors or omissions from his DD Form 214.  Specifically, his DD Form 214 was amended to add the following awards:

* Bronze Star Medal with "V" Device
* Army Commendation Medal
* Army Good Conduct Medal
* Meritorious Unit "Emblem"
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

7.  His record is void of documentation (including orders) that shows he was awarded the Air Medal or the Aircraft Crew Member Badge.  Similarly, his record is void of any DA Forms 759 (Individual Flight Record and Flight Certificate – Army) or 759-1 (Individual Flight Record and Flight Certificate – Army, Aircraft Closeout Summary), or any other flight logs that could be used to establish the number of flight hours and missions he was credited with during his service in Vietnam.

8.  The applicant provides:

   a.  Third-party letters of support from 3 fellow Soldiers he served with in the Republic of Vietnam, including copies of each author's DD Form 214.  In these letters, each author attests to the applicant's performance of duty as a helicopter crew chief or crew member in the 604th Transportation Company.  Each author feels the applicant more than met the award criteria for the Air Medal and Aircraft Crew Member Badge.  

   b.  Two short newspaper clippings that document his promotion to the rank of SP5 and his award of the Bronze Star Medal.  These articles reference his duties as a crew chief and crew member during helicopter recovery operations. 

   c.  Several photographs depicting his service in Vietnam.
 
9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  This regulation provides 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 (emphasis added).

10.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards), in effect at the time, provided specific guidelines for award of the Air Medal to Soldiers in the Republic of Vietnam.  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 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.  

	a.  Combat missions were divided into three categories:  

		(1)  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.  

		(2)  A category II mission was characterized by support rendered a friendly force immediately before, during, or immediately following a combat operation.  

		(3)  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.

	b.  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.

	c.  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 non-professionalism, mediocrity, or failure to display an aggressive spirit."

11.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided for temporary and permanent award of the Aircraft Crew Member Badge.  Commanders of any unit with Army aircraft assigned could publish orders allowing qualified members of that command to wear the Aircraft Crew Member Badge.  

	a.  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.  Individuals were also required 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.  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 (emphasis added).  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.
12.  Military Personnel (MILPER) message number 00-138 (date/time group 101221Z April 2000) changed the name of the Aircraft Crew Member Badge to the Aviation Badge and changed the criteria for award of the Basic, Senior, and Master Aviation Badges.  The Basic Aviation Badge may be permanently awarded based on several criteria.  For permanent award of the Basic Aviation Badge, an individual must be on flying status in accordance with Army Regulation 600-106 (Flying Status for Nonrated Army Aviation Personnel) or be granted a waiver by the U.S. Army Human Resources Command; be on flying status (qualified by a Class III flight physical); must have performed in-flight duties for not less than 12 months (not necessarily consecutive) or by logging not less than 48 flight hours (whichever comes first); or be school trained.

13.  A review of the applicant's records indicates he is entitled to additional awards which are not shown on his DD Form 214.

14.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance pertaining to the Vietnam Service Medal.  This paragraph provides that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following four 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)

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show he was awarded the Air Medal and the Aircraft Crew Member Badge was carefully considered.

2.  The evidence of record shows the applicant was formally trained in MOS 67Y and was later awarded MOS 67N.  He served in the Republic of Vietnam from on or about 25 May 1969 through on or about 27 May 1970.  During this period, he performed aviation duties; specifically, he was a helicopter repairman and crew chief.  According to the governing Army regulation, he met the criteria for award of the Aircraft Crew Member Badge, which is now known as the Basic Aviation Badge.  This badge is not shown on his DD Form 214; therefore, it would be appropriate to correct his DD Form 214 to show it. 

3.  His DD Form 214 shows he was awarded the Vietnam Service Medal.  However, records show he participated in four campaigns during his service in Vietnam, which entitles him to four bronze service stars for wear on his Vietnam Service Medal.  Accordingly, his DD Form 214 should be corrected to show the Vietnam Service Medal with 4 bronze service stars.

4.  With respect to the Air Medal, there are no general orders available that show he was awarded the Air Medal.  The governing regulation requires a formal recommendation, approval through the chain of command, and announcement in orders for award of the Air Medal.  In the absence of orders, or other independent evidence that would confirm he completed the number of missions and flight hours necessary to be awarded the Air Medal, there is insufficient evidence upon which to base award of the Air Medal in this case.  

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 by deleting the "VSM" and adding the Basic Aviation Badge and the Vietnam Service Medal with 4 bronze service stars.

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 correcting the applicant's DD Form 214 to show he was awarded the Air Medal.



      _______ _   __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)                                         AR20150000614



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