ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 24 August 2020 DOCKET NUMBER: AR20190015328 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: a. award of the Legion of Merit (LOM), b. Aviation Medical Officer Wings (Flight Surgeon Badge), and c. a replacement LOM. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), dated 7 October 2019 * LOM Certificate, dated 9 February 1989 FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states: a. He was awarded the LOM on 9 February 1969 and the award is not included in his list of awards on his DD Form 214. b. He misplaced his LOM and he is in the process of requesting a replacement medal. c. He was an Aviation Medical Officer and he was presented wings upon completion of training. 3. On 2 October 1969, he was appointed as a second lieutenant in the Army of the United States. He had multiple periods of service in the U.S. Army Reserve and Army of the United States between 2 October 1969 and 11 December 1975. 4. On 1 March 1976, he was awarded area of concentration 61N9D (Flight Surgeon). 5. His DA Form 2-1 (Personnel Qualification Record) shows in: a. item 5 (Overseas Service) – service in South Korea from 29 September 1976 to 27 July 1978; b. item 9 (Awards, Decorations and Campaigns) – * Armed Forces Reserve Medal * Expert Field Medical Badge * Army Service Ribbon * National Defense Service Medal * Overseas Service Ribbon * Army Commendation Medal * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) c. item 17 (Civilian Education and Military Schools) – * United States Army Medical Field Service School, Basic Preventive Medicine, 8 weeks, 1969 * United States Army Medical Field Service School, Army Medical Department Officer Basic, Medical Service Corps, 8 weeks, 1969 * Meharry Medical College, Medicine, 4 years, 1975 * United States Army Aviation Center, Army Aviation Medicine Basic Course, 7 weeks, 1976 6. On 31 January 1989, he retired. His DD Form 214 shows he completed 20 years and 16 days of net service. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), shows he was awarded or authorized the: * Army Commendation Medal * National Defense Service Medal * Armed Forces Reserve Medal * Army Service Ribbon * Overseas Service Ribbon * Parachutist Badge * Expert Field Medical Badge 7. The applicant provided a copy of his LOM Certificate, dated 9 February 1989, that shows, in part, he was awarded the medal for exceptionally meritorious conduct in the performance of outstanding services in various positions of great responsibility during the period 21 September 1978 to 31 January 1989. 8. His records are void of orders awarding him the LOM. 9. There is no evidence the applicant submitted a request for award of the Flight Surgeon Badge to the Dean, U.S. Army School of Aviation Medicine. BOARD DISCUSSION: After review of the application and all evidence, in addition to the Administrative Notes recorded by the analyst of record (below the signature), the Board determined there is sufficient evidence to grant partial relief. 1. The Board found sufficient evidence to support the applicant’s request to add the LOM to his records. The Board found the applicant’s LOM certificate sufficient evidence that the applicant was awarded the award. 2. The Board found insufficient evidence that the applicant exhausted the administrative process for obtaining the Aviation Medical Officer Wings (Flight Surgeon Badge). The applicant is advised that he should contact the Dean, U.S. Army School of Aviation Medicine for award of this badge (see References for additional instructions). 3. Regarding the applicant’s request to receive a replacement LOM medal set, this is outside the purview of the Board. The applicant is advised that replacement award medal sets can be purchased at military clothing sales stores. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. In addition to the Administrative Notes annotated by the Analyst of Record (below the signature), the Board determined the evidence presented is sufficient to grant partial relief. 2. 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 adding LOM. 3. The Board recommends denying the applicant’s request for Aviation Medical Officer Wings (Flight Surgeon Badge) and a replacement medal set for the LOM. 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. ADMINISTRATIVE NOTE(S): The applicant served a qualifying period of service for award of Korea Defense Service Medal. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Legion of Merit is awarded to individuals who distinguish themselves by exceptionally meritorious conduct in the performance of outstanding services and achievements. The performance must merit recognition of key individuals for service rendered in a clearly exceptional manner. Performance of duties normal to the grade, branch, specialty, or assignment and experience of an individual is not an adequate basis for this award. In peacetime, service should be in the nature of a special requirement or an extremely difficult duty performed in an unprecedented and clearly exceptional manner. However, justification may accrue by virtue of exceptionally meritorious service in a succession of important positions. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required b. a. The three levels of Flight Surgeon Badges authorized for award are: (1) Basic Flight Surgeon Badge. (2) Senior Flight Surgeon Badge. (3) Master Flight Surgeon Badge. c. The eligibility requirement is any Army Medical Corps officer who satisfactorily completes the training and other requirements prescribed by Army Regulation 600-105 (Aviation Service of Rated Army Officers). d. The badge approval authority is as follows: (1) The Basic Flight Surgeon Badge may be awarded by the Commanding General, U.S. Army Aviation Center of Excellence (USAACE). The Commanding General will authorize award of the badge to those U.S. medical officers who have been awarded an aeronautical designation per Army Regulation 600-105 and to foreign military personnel who complete the training and the requirements prescribed by Army Regulation 600-105. (2) Senior and Master Flight Surgeon Badges may be awarded by the following: (a) The Surgeon General. Forward requests to Commander, Headquarters, Department of the Army, Office of the Surgeon General (DASG–HCZ), 5109 Leesburg Pike, Falls Church, VA 22041–3258. (b) The Chief, National Guard Bureau to National Guard personnel not on active duty. Forward requests to National Guard Bureau, Military Personnel Office, 111 South George Mason Drive, Arlington, VA 22204–1382. e. Effective 13 November 2010, the Commanding General, USAACE, approved the retroactive award of the U.S. Army Basic Flight Surgeon Badge to aeromedical physician assistants and aviation medicine nurse practitioners. The retroactive award of the U.S. Army Basic Flight Surgeon Badge is awarded to individuals of the Regular Army, U.S. Army Reserve, and Army National Guard who have successfully completed the U.S. Army Flight Surgeon Primary Course. Requirements for the retroactive award of the U.S. Army Basic Flight Surgeon Badge are as follows: (1) Individual must have served in the U.S. Army as a Regular Army, U.S. Army Reserve, or Army National Guard Soldier. (2) Aeromedical physician assistants who successfully completed the U.S. Army Flight Surgeon Primary Course between Fiscal Year 1980, Class 81–01 and Fiscal Year 2000, Class 00–02 may request retroactive award of the U.S. Army Flight Surgeon Badge. Requests will be submitted through the Registrar, U.S. Army School of Aviation Medicine for validation before they are forwarded to the Dean, U.S. Army School of Aviation Medicine for final review. The aviation proponency has retroactively awarded the U.S. Army Flight Surgeon Badge to all aeromedical physician assistants from Class 00–02 to present. (3) Soldiers, to include veterans and retirees who meet the criteria and were not retroactively awarded the U.S. Army Basic Flight Surgeon Badge may request consideration for the badge by submitting the required documentation to the Dean, U.S. Army School of Aviation Medicine. (4) The required documents for retroactive award of the U.S. Army Basic Flight Surgeon Badge are: (a) DA Form 4187, requesting retroactive award. (b) Orders originally awarding the basic Air Crewmember Badge issued by Commanding General, U.S. Army Aviation Center and Fort Rucker. (c) Course completion certificate for the flight surgeon course. (5) Requests may be submitted to Dean, U.S. Army School of Aviation Medicine, 301 Andrews Avenue, Fort Rucker, AL 36362–0000 or emailed to: usasam.registrar@amedd.army.mil. The Commander, USAACE, is the approval authority for award of the retroactive U.S. Army Flight Surgeon Badge to eligible service members. (6) An individual may be posthumously awarded the U.S. Army Basic Flight Surgeon Badge provided the primary next of kin submits a formal request to the award approval authority with all required documents. (7) For clarification, inquiries, and requests for the retroactive award of the U.S. Army Basic Flight Surgeon Badge, email the registrar at the U.S. Army School of Aviation Medicine at: usasam.registrar@amedd.army.mil. 3. Army Regulation 635-8 (Separation Processing and Documents) prescribes policy and procedural guidance relating to transition management. It consolidates the policies, principles of support, and standards of service regarding processing personnel for transition. Instructions for completing the DD Form 214 stated for item 13, to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22. Each entry will be verified by the Soldier’s records. Do not use abbreviations. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190015328 5 1