PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            28 August 2001
	DOCKET NUMBER:   AR2001055092

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Ms. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Richard T. Dunbar		Member	
	Mr. Donald P. Hupman, Jr.		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
            records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, that his Report of Transfer or Discharge (DD Form 214) be corrected to show that he was awarded the Distinguished Flying Cross and the Aircraft Crew Member Badge.

3.  The applicant states that a review of his Enlisted Qualification Record (DA Form 20) shows that orders were published authorizing the award of the Distinguished Flying Cross and the Aircraft Crew Member Badge, however, they were never included on his DD Form 214. 

4.  The applicant’s military records show that he was inducted into the Army on 21 January 1970 at Fort Jackson, South Carolina and he successfully completed his training as a light weapons infantryman (11B10).  On 10 July 1970, he was transferred to Vietnam.

5.  His awards include the National Defense Service Medal, the Good Conduct Medal the Bronze Star Medal, the Purple Heart, the Combat Infantryman Badge, the Army Commendation Medal w/”V” Device, the Vietnam Service Medal, the Vietnam Campaign Medal, the Air Medal and One Overseas Service Bar.

6.  On 27 March 1971, orders were published withdrawing the applicant’s 11B10 military occupational specialty (MOS) effective 1 March 1971, and awarding him an aircraft maintenance apprentice (67A10) MOS.

7.  The applicant’s Individual Flight Record and Flight Certificate shows that, while in Vietnam, he completed 30 combat missions between December 1970 and May 1971, 16 of which were after he was awarded the 67A10 MOS.

8.  On 6 May 1971, orders were published transferring the applicant from Vietnam to Germany effective 26 June 1971.  

9.  Item number 41 (Awards and Decorations) on the applicant’s DA Form 20 shows that he was awarded the Distinguished Flying Cross in accordance with general orders number 17.  However, his DA Form 20 also shows that he was awarded the Bronze Star Medal in accordance with general orders number 17.  The information was penciled in along with what appears to be the words “no orders available” in the authority portion of item number 41.  The Aircraft Crew Member Badge is also penciled in with no authority for the issuance of the award indicated.

10.  A review of the available records fails to reveal published orders awarding him the Distinguished Flying Cross or the Aircraft Crew Member Badge.

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that an individual who has been incapacitated for further flight duty by reason of being wounded as a result of enemy action, or injured as the result of an aircraft accident for which he or she was not personally responsible, or has participated in at least 15 combat missions under probable exposure to enemy fire while serving in the principal duty of a crew chief, airborne electronic sensory system operator or supervisor, flight engineer, observer, aeromedical physician assistant, medical aid person, gunner, aircraft maintenance supervisor, or technical inspector; and be qualified for and hold a principal duty assignment as a crew chief, flight engineer, aircraft maintenance supervisor, observer, gunner, or technical inspector, or flight inspection technician is permanently authorized to wear the Aircraft Crew Member Badge.

12.  Army Regulation 600-8-22 also provides, in pertinent part, that the Distinguished Flying Cross (DFC) is awarded to any person who, while serving in any capacity with the Army of the United States, distinguished himself or herself by heroism or extraordinary achievement while participating in aerial flight.  The performance of the act of heroism must be evidenced by voluntary action above and beyond the call of duty.  The extraordinary achievement must have resulted in an accomplishment so exceptional and outstanding as to clearly set the individual apart from his or her comrades or from other persons in similar circumstances.  Awards will be made only to recognize single acts of heroism or extraordinary achievement and will not be made in recognition of sustained operational activities against an armed enemy.

CONCLUSIONS:

1.  It appears that the information that was penciled in on the applicant’s DA Form 20 in regard to his awards and decorations was placed there prematurely.  There is no evidence of record nor has he submitted any evidence to show that orders were ever published awarding him the DFC.  He has not met the eligibility criteria contained in Army Regulation 600-8-22 for award of the DFC.  The evidence of record is insufficient to warrant entitlement to award of the DFC.

2.  However, although a review of his records fails to show published orders awarding him the Aircraft Crew Member Badge, he met one of the eligibility criteria contained in Army Regulation 600-8-22.  While in Vietnam he participated in 30 combat missions between December 1970 and May 1971 under probable exposure to enemy fire while serving in the principal duty of a aircraft maintenance apprentice.  He is clearly entitled to the Aircraft Crew Member Badge and his records should be amended accordingly.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by awarding he individual concerned the Aircraft Crew Member Badge and amending his DD Form 214 accordingly.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

___dh___  ___js  ___  __rtd ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____John N. Slone______
		        CHAIRPERSON

INDEX

CASE ID	AR2001055092	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/08/28	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000.0000	
2.  164	107.0118.0000	
3.  1046	107.0132.0000	
4.		
5.		
6.