PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            10 May 2000
	DOCKET NUMBER:   AR1999031861

	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. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. Thomas B. Redfern		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 correction of his records to show all awards to which he is entitled.

3.  The applicant states that he would like his records updated.

4.  The applicant’s military records show that he entered active duty as an enlisted soldier on 30 December 1969 and completed training as a medical specialist.  He served in Vietnam from 30 August 1970 to 28 March 1972 and was honorably discharged on 31 March 1972.  The applicant served in the Army Reserve and Army National Guard in an enlisted status from 1 April 1972 to 11 April 1977.  He accepted a commission as an infantry officer in the Army National Guard on 12 April 1977 and served in an officer status until he was separated and transferred to the Army Reserve Control Group on 7 May 1982.

5.  The applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) covering his active duty shows that he is authorized the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal with 1960 Device, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Combat Medical Badge, Army Commendation Medal, and the Bronze Star Medal.

6.  Review of the applicant’s records covering his active duty from 30 December 1969 through 31 March 1972 reveals that he was awarded the Parachutist Badge by The Student Brigade (Fort Benning, Georgia) Special Order 147, dated 17 June 1970.  This qualification badge is not shown on the applicant’s DD Form 214 covering this period of service.

7.  The applicant’s DA Form 20 (Enlisted Qualification Record) which covers his active duty from 30 December 1969 through 31 March 1972 shows in item 41 (Awards and Decorations) a pencil entry “BAM” [basic Air Medal].  However, the applicant’s active duty records do not contain any orders which authorize this award to the applicant.  The applicant’s DA Form 2-1 (Personnel Qualification Record-Part II) which covers his Army Reserve and National Guard service shows in item 9 (Awards, Decorations & Campaigns) the entry “air medal”; however, there are no orders in his Army Reserve and Army National Guard records which authorize award of the Air Medal.

8.  The applicant’s National Guard Bureau Form 22 (Report of Separation and Record of Service) with an effective date of 7 May 1982 shows entitlement to the Army Reserve Components Achievement Medal, the Armed Forces Reserve Medal, the Army Service Ribbon, the Overseas Service Ribbon and a Massachusetts Army National Guard award.  His records do not contain orders which authorize any additional Federal awards.  His DA Form 2-1 (Personnel Qualification Record-Part II) shows in item 9 the entry “crew chief wings” (correctly known as the Aircraft Crew Member Badge).  However, there are no orders to support permanent award of the Aircraft Crew Member Badge. 

9.  Army Regulation 600-8-22 provides, in pertinent part, 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.

10.  The Army Regulation governing military awards at the time in question provided for temporary and permanent award of the Aircraft Crew Member Badge.  The regulation authorized the commander of any unit with Army aircraft assigned to publish orders allowing qualified members of that command to wear the Aircraft Crew Member Badge.  To be eligible for temporary award of the Aircraft Crew Member Badge an individual had to be on flying status as a crew chief 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.  The regulation also required individuals 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 are authorized to wear the badge temporarily until relieved from these duties or they may be authorized permanent wear of the Aircraft Crew Member Badge once they have fulfilled the regulatory requirements for permanent award of the badge.  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.

CONCLUSIONS:

1.  Orders show the applicant was authorized the Parachutist Badge; therefore, he is entitled to correction of his records to show this qualification badge.

2.  Notwithstanding the entry of the basic Air Medal on the applicant’s DA Form 20 and his DA Form 2-1, there is no evidence of record, and the applicant has provided no evidence, which shows that he was recommended for or awarded the Air Medal.  In the absence of orders showing entitlement to this award, the Board has determined that the applicant is not entitled to correction of his records to show award of the Air Medal.

3.  Notwithstanding the entry of the Aircraft Crew Member Badge on the applicant’s DA Form 2-1 (Personnel Qualification Record-Part II), there is no evidence of record, and the applicant has provided no evidence, which shows that he was authorized permanent wear of the Aircraft Crew Member Badge.  In the absence of orders showing entitlement to this badge, the Board has determined that the applicant is not entitled to correction of his records to show award of the Aircraft Crew Member Badge.

4.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Parachutist Badge.

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

BOARD VOTE:  

________  ________  ________  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999031861	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000510	
TYPE OF DISCHARGE	NA/USAR	
DATE OF DISCHARGE	N/A USAR	
DISCHARGE AUTHORITY	N/AUSAR	
DISCHARGE REASON	N/A	
BOARD DECISION	GRANT	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.