PROCEEDINGS

	IN THE CASE OF

	BOARD DATE:            25 July 2000                  
	DOCKET NUMBER:   AR1999033148

	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. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Mr. Ted S. Kanamine		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. John H. Kern		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, correction of his records to show award of his Air Medals and his flight wings (Aircraft Crewman Badge). 

3.  The applicant states, in effect, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for his first period of service should show his Aircraft Crewman Badge and his Air Medals, supposedly 10 awards.  Evidence that documented the award of badge and the Air Medals was provided to him during his second enlistment.  He is making this request to aid him in his post traumatic stress disorder claim.  He submits a DD Form 214 for his period of service from 
20 February 1970-13 February 1974 and Special Orders Number 7, from Headquarters, 11th Aviation Battalion (Combat), APO San Francisco, dated 
7 January 1971, which he claims shows that he is entitled to award of the Aircraft Crewman Badge, effective 6 December 1970.  He also submits two letters from his former unit showing entitlement to the Air Medals and the badge.

4.  The applicant’s military records show that on 7 November 1967, he enlisted in the Regular Army for a period of 3 years.  He completed basic and advanced individual training and was awarded military occupational specialty (MOS) 
52B (Power Generator Equipment Operator/Mechanic).  

5.  On 20 April 1968, he was assigned to the Republic of Vietnam (RVN).  He served with the 595th Signal Company from 12 July 1969 until 18 July 1969, when he was assigned to the 173rd Aviation Company (Assault Helicopter).  He was assigned to this unit for only 4 months and his records show that he served as a power generator equipment operator/mechanic.  On 20 November 1969, he departed the RVN.  

6.  On 19 January 1970, he was assigned to Fort Hood, Texas, and on 
19 February 1970, he was honorably discharged, for the purpose of immediate reenlistment.  His DD Form 214, item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Medals Awarded or Authorized) shows his authorized awards as the National Defense Service Medal, the Vietnam Service Medal, and the RVN Campaign Medal w/60 Device.  The available records do not show that he was entitled to award of the Aircraft Crewman Badge or any Air Medals.

7.  In accordance with Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), the applicant’s unit was awarded the Meritorious Unit Citation, by Headquarters Department of the Army General Orders Number 42, dated 1969.  His unit was also awarded the RVN Civil Actions Honor Medal, First Class Unit Citation, by Headquarters Department of the Army General Orders Number 55, dated 1971.  His DD Forms 214 do not show either of these awards.

8.  On 20 February 1970, he reenlisted for a period of 4 years and for duty in his previous MOS.  He served in Germany from 27 November 1970-22 November 1973.  He was honorably discharged on 13 February 1974.  His DD Form 214 for this period of service shows the awards he received during his previous enlistment as well as the Good Conduct Medal, three overseas service bars and the Expert Badge, M-14 Rifle.

9.  The letters that the applicant submitted shows that his new command in Germany requested in early 1971 that his former unit provide his new command with information concerning awards that he believed that he was entitled to receive.  The letters further show that he was mailed the general orders for the Aircraft Crew Badge.  However, this order, Special Order 7, Headquarters 11th Aviation Battalion (Combat), date 7 January 1971, shows an incorrect social security number for the applicant.  The social security number on the order is _ _ _ - _ _ - _ _ -1, his correct social security number is _ _ _ -_ _- _ _ 01.  The order also shows his MOS was 
67A1F (General Aircraft Repairer).  However, his records fail to show that he was ever awarded this MOS or that he ever served in this MOS.  

10  In a second letter, dated 10 February 1971, his former unit in the RVN supposedly provided a copies of general orders awarding the 10 Air Medals.  However, these orders as well as “time sheets” which apparently were used to verify his flying hours and were with the correspondence between his two units are not a matter of record or with his application.. 

11.  The applicant's DA Form 20 (Enlisted Qualification Record) shows that he worked in MOS 52B as a power generator equipment operator/mechanic the entire time that he was assigned in the RVN.  There is no record of participation in combat operations or other aerial missions in his records.

12.  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.  Numerals are awarded, for repeated aerial missions.  As with all personal decorations, a formal recommendation, after approval through the chain of command, and announcement in orders.

13.  Army Regulation 600-8-22, in pertinent part, states that effective 1 March 1961 the Meritorious Unit Citation was authorized for units and/or detachments of the Armed Forces of the United States for exceptionally meritorious conduct in the performance of outstanding services for at least six continuous months in support of military operations.  

14.  The US Army Vietnam Regulation 672-1 provides, in pertinent part, that the Aircraft Crewman Badge may be authorized either for temporary or permanent wear. The individual must be on flying status, qualified for and hold a principal duty assignment as a crew chief, flight engineer, or as a noncrew member in the case of observers, medical aidmen, gunners, aircraft maintenance supervisors, or technical inspectors.  These personnel are authorized to wear the Aircraft Crewman Badge until relieved from duty or until he or she has fulfilled the mandatory requirement for the permanent award.  The mandatory requirement is duty in one of the above positions for not less than 12 months or to be school trained for principal duty in one of the above positions. 

CONCLUSIONS:

1.  There is no evidence available that shows the applicant performed aerial duties against enemy forces while in the RVN.  Accordingly, he is not entitled to the award of any Air Medals.

2.  To be eligible for permanent award of the Aircraft Crewman Badge, the applicant would have been required to serve in a flying status.  The evidence available does not show that he ever met this requirement.  During the 4 months that he was assigned to the 173rd Aviation Company, he served in MOS 52B as a Power Generator Equipment Operator/Mechanic.

3.  The order he submitted to support the awards of the Aircraft Crewman Badge appears to be incorrect.  Further, there is no corroborating evidence or copies of any military orders awarding the applicant any Air Medals.  Therefore, the Board declines to validate the award of any Air Medals or the Aircraft Crewman Badge to the applicant and to direct correction of his military records.  

4.  However, the evidence of record shows that he is entitled to have the award of the Meritorious Unit Citation and the RVN Civil Actions Honor Medal, First Class Unit Citation added to his military records.

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by issuing to the individual concerned DD Forms 215 (Correction to 
DD Forms 214) issued to the applicant on 19 February 1970 and on 13 February 1974 which shows that he was awarded the Meritorious Unit Citation and the RVN Civil Actions Honor Medal, First Class Unit Citation.

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

BOARD VOTE:  

__tsk___  __sk_____  __jhk___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Ted S. Kanamine___
		        CHAIRPERSON

INDEX

CASE ID	AR1999033148	
SUFFIX		
RECON		
DATE BOARDED	20000725	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	  	
DISCHARGE REASON		
BOARD DECISION	GRANT 	
REVIEW AUTHORITY	DASA	
ISSUES         1.	100.02	
2.		
3.		
4.		
5.		
6.		

a letter, from the Department of the Army, 1st Armored Division, Fort Hood, Texas, dated 24 September 1970, and a letter from The Department of the Army 173rd Aviation Company, 223rd Aviation Battalion, APO San Francisco, dated 10 February 1971, subject Awards and Decorations.  The subject for both letters is the same.

3.  There is no evidence that indicates he met the mandatory requirement to be entitled to permanent award of the Aircraft Crewman Badge.  Special Order Number 7, dated 7 January 1971, is dated more than 1 year after he left the RVN.  The social security number on this order does not accurately reflect that of the applicant.  The number on the order is _ _ _ - _ _ - _ _ -1, his correct social security number
is _ _ _ -_ _- _ _ 01. 

4.  Further, the special order shows that the applicant’s MOS is 67A1F (General Aircraft Repairer).  The available evidence does not show that he was ever awarded this MOS or that he ever served in this MOS.