IN THE CASE OF:	

		BOARD DATE:	  30 April 2015

		DOCKET NUMBER:  AR20150005029 


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, in effect:

	a.  Reconsideration of his previous request to be awarded the permanent Basic Aviation Badge (formerly the Aircraft Crew Member Badge) for his service during Vietnam.

   b.  As a new issue, he 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 with "V" Device on three occasions and that he received
19 additional awards of the Air Medal (a total of 22 awards of the Air Medal).

2.  The applicant states, in effect:

* his current DD Form 215 (Correction to DD Form 214)) does not address all of the Air Medals he was awarded 
* as proof, he points out the citation for the 3rd through 18th Oak Leaf Cluster for the Air Medal 
* he "actively participated in more than twenty-five aerial missions over hostile territory in support of counterinsurgency operations" during the period 7 June to 14 December 1967 (awards given in General Orders (GO) Numbers 942 through 944; they are all dated 5 February 1968, and they were issued by Headquarters, 1st Infantry Division)
* he also believes he has the evidence to support the permanent award of the Basic Aviation Badge

3.  The applicant provides:

* a letter addressed to his Senator explaining his situation with an authorization form
* two Standard Forms 180 (Request Pertaining to Military Records)
* Army Board for Correction of Military Records (ABCMR) Record of Proceedings (ROP), Docket Number AR20130016841, dated 29 May 2014
* Certificate and Citation for the Air Medal, 3rd through 18th Oak Leaf Clusters, for the period 7 June to 14 December 1967
* GO Numbers 942 through 944, dated 5 February 1968, issued by Headquarters, 1st Infantry Division
* GO Number 9323, dated 27 December 1967, issued by Headquarters, 
1st Infantry Division
* award certificate for the Air Medal, Second Oak Leaf Cluster 
* Permanent Orders Number 189-03, dated 8 July 2014, issued by the Army Review Boards Agency
* DD Form 214 and DD Form 215
* email from the National Personnel Records Center (NPRC), date 20 August 2014
* letter, dated 18 September 2014, from the NPRC addressed to the applicant which states no flight records were found in the applicant's official military personnel file (OMPF)

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 ABCMR in Docket Number AR20130016841 on 29 May 2014.

2.  The applicant provides new evidence which warrants consideration by the Board.

3.  The applicant was inducted into the Army of the United States on 26 August 1966.  After completing initial training he was awarded military occupational specialty 11B (Light Weapons Infantryman).  He was then transferred to Vietnam on 5 February 1967 for assignment to Troop D, 1st Squadron, 4th Cavalry Regiment, 1st Infantry Division.

4.  Special Orders (SO) Number 329, dated 25 November 1967, issued by Headquarters, 1st Infantry Division, show the applicant was authorized hazardous duty pay as a result of being a flight crew-member effective 13 May 1967.
5.  The following GO issued by Headquarters, 1st Infantry Division, were found in the applicant's OMPF:

	a.  GO Number 5372, dated 29 July 1967, awarding him the Air Medal (1st Award) for the period 25 May 1967 to 6 June 1967.

	b.  GO Number 6615, dated 11 September 1967 awarding him the Air Medal (1st Oak Leaf Cluster, or 2nd Award) with "V" Device for action on 8 July 1967.

	c.  GO Number 9323, dated 27 December 1967, awarding him the Air Medal (2nd Oak Leaf Cluster, or 3rd Award) with "V" Device for action on 25 October 1967.

	d.  GO Numbers 942 through 944, dated 5 February 1968 awarding him the Air Medal (3rd Oak Leaf Cluster, or 4th Award, through 18th Oak Leaf Cluster, or 19th Award) for the period 7 June to 14 December 1967.

6.  He departed Vietnam on or about 5 February 1968 and was transferred to Fort Hood, Texas, where he remained until he was honorably released from active duty on 23 August 1968.  He had served 1 year, 11 months, and 28 days of active service.  His DD Form 214, as amended by his DD Form 215, shows he was awarded or authorized:

* Air Medal with "V" Device and 18 Oak Leaf Clusters
* Army Commendation Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Combat infantryman Badge

7.  A review of his OMPF failed to show:

* the applicant was ever awarded the Basic Aviation Badge
* flight records, which would more concretely identify the number and type of missions in which he participated
* additional Air Medals beyond those identified above 

8.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command, failed to reveal any additional orders for the Air Medal beyond those already listed above.

9.  Army Regulation 600-8-22 (Military Awards) prescribes policy and procedures of military awards.  The regulation states:

	a.  The Air Medal is awarded in time of war for heroism and/or 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.  

	b.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  

	c.  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.  

	d.  The "V" Device is a bronze block letter that is worn to denote participation in acts of heroism involving conflict with the enemy.  Effective 29 February 1964 the "V" Device may be worn with the Air Medal.  In the case of multiple "V" Devices for the same award, only one "V" Device is reflected.  

10.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided, in Appendix IV, guidelines for award of the Air Medal.  

	a.  It defined terms and provided guidelines for the award based upon the number and types of missions or hours.  It stated the award was primarily intended for aircraft crews and non-crew members on flying status.  Among those identified as crewmembers were those on flying status performing duties in flight as gunners.

	b.  Twenty-Five Category I missions (air assault and equally dangerous missions) and 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.  

11.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided for temporary and permanent award of the Aircraft Crewman Badge.  

	a.  Commanders of any unit with Army aircraft assigned could publish orders allowing qualified members of that command to wear the Aircraft Crewman Badge.  

	b.  To be eligible for temporary award of the Aircraft Crewman 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 (emphasis added)
* 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 (emphasis added)
* these personnel were authorized to wear the badge temporarily until relieved from those duties or they could be authorized permanent wear of the Aircraft Crewman Badge once they fulfilled the regulatory requirements for permanent award of the badge

	c.  For permanent award of the Aircraft Crewman 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.  

	d.  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 Crewman Badge.  

	e.  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 Crewman Badge (emphasis added).

DISCUSSION AND CONCLUSIONS:

1.  Regarding the applicant's request for reconsideration for the permanent award of the Basic Aviation Badge:

	a.  His OMPF contains an order showing he received hazardous pay for the duty status of flight crew-member starting 13 May 1967.  No orders are shown revoking this status prior to his departure from Vietnam.

	b.  The regulatory guidance in effect at the time permitted the permanent award of the Basic Aviation Badge when the recipient participated in at least 15 combat missions under probable exposure to enemy fire while serving in a principal duty position, such as gunner.

	c.  He appears to have participated in at least 15 combat missions, given the facts he:

* received two Air Medals with "V" Device for heroism while serving as a gunner (first in July 1967 and second in October 1967)
* received 19 Air Medals (each requiring at least 25 combat missions) between May and December 1967 

	d.  Based upon the foregoing, he appears to qualify for award of the Basic Aviation Badge.  It should therefore be awarded and his DD Form 214 should be corrected to show this award.

2.  The applicant's new request for correct his DD Form 215 to show he was awarded the Air Medal with "V" Device on three occasions and that he received a total of 22 awards of the Air Medal; both his OMPF and ADCARS contain orders for no more than 19 awards of the Air Medal.  

	a.  Regulatory guidance does not require that the Air Medals with "V" Device to be counted in a separate sequence from those awarded on the basis of meritorious service.  As such, when the applicant received his first Air Medal with "V" Device it was his second award of the Air Medal.  Thus it was shown as a 2nd Award (1st Oak Leaf Cluster).  

	b.  His 3rd Award (2nd Oak Leaf Cluster) was also with a "V" Device, but all Air Medals awarded thereafter were for meritorious service and are shown in sequence from the 4th Award (3rd Oak Leaf Cluster) through his 19th Award (18th Oak Leaf Cluster).  

   c.  His OMPF only contains orders which support he received two instead of three Air Medals with "V" Device.

	d.  Given the above, there is insufficient evidence to justify amending his 
DD Form 214 to reflect award of a 3rd Air Medal with "V" Device and 19 Air Medals for meritorious service.
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 partial amendment of the ABCMR’s decision in Docket Number AR20130016841 on 29 May 2014.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  Awarding the applicant the Basic Aviation Badge.

	b.  Amending his DD Form 214 to show award of the Basic Aviation Badge.

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 correcting his DD Form 214 to show he was awarded the Air Medal with "V" Device on three occasions and that he received an additional 19 Air Medals (a total of 22 awards of 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)                                         AR20150005029



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ABCMR Record of Proceedings (cont)                                         AR20150005029



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