BOARD DATE: 18 August 2020 DOCKET NUMBER: AR20200000475 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer of Discharge) to show award of the: * Bronze Star Medal * Air Medal with "V" Device * "Air Crew Member Wings (Aircraft Crew Member Badge now known as the Aviation Badge (Basic)) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), dated 7 October 2019 * Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 10809, dated 5 September 1969 * Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 15352, dated 3 December 1969 * Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 4552, dated 27 March 1970 * DA Form 759 (Individual Flight Record and Flight Certificate), dated 11 April 1970 * DD Form 214, dated 19 April 1970 FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code, 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. The requested awards and badge should be added to his DD Form 214. b. He earned 412 flight hours from October 1968 to March 1970.? 3. Sufficient evidence is contained in the applicant's records to administratively correct his D Form 214 without Board Action. His DD Form 214 will be administratively correct to show award of the following: * Bronze Star Medal with "V" Device * Air Medal Numeral 2 and with "V" Device instead of Air Medal * three bronze service stars to his previously-issued Vietnam Service Medal * Meritorious Unit Commendation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) 4. The Board will consider the applicant's request for award of the Aviation Badge (Basic). 5. The applicant enlisted in the Regular Army on 4 August 1967. 6. He served in Vietnam during the period of 17 April 1969 to 18 April 1970 and he participated in three campaigns while assigned to: * Headquarters and Headquarters Company, 7th Cavalry Regiment, 1st Air Cavalry Division, during the period 23 April 1969 to 19 September 1969 * Headquarters Support Company, 15th Medical Battalion, 1st Cavalry Division, during the period 20 September 1969 to on or about 18 April 1970 7. Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 10809, dated 5 September 1969, awarded him the Bronze Star Medal with “V” Device. 8. Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 15352, dated 3 December 1969, awarded him the Air Medal. 9. Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 4552, dated 27 March 1970, awarded him the Air Medal with First Oak Leaf Cluster (now referred to as Numeral 2) and with "V" Device. 10. The applicant provided a copy of his DA Form 759, dated 11 April 1970, shows in: a. Section I (Summary of Pilot Experience) – 412 flight hours and b. Section IV (Flight Hours Accrued – Total Hours Flown by Month) – ? * October – 12 * November – 22 * December 24 * January – 16 * February – 20 * March – 4 c. block 24 (Remarks) – Records Closed 8 March 1970: Enlisted Man PCS (Permanent Change of Station). 11. His DA Form 20 (Enlisted Qualification Record) shows in: a. item 22 (Military Occupational Specialties (MOS)) – his Secondary MOS was 11B10 (Light Weapons Infantryman) and his Primary MOS was 91B (Medical Specialist), b. item 29 (Qualification in Arms) – * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) c. item 38 (Record of Assignments) – he received "excellent" conduct and efficiency ratings, d. item 41 (Awards and Decorations) – * National Defense Service Medal * Parachutist Badge * Vietnam Service Medal * Combat Medical Badge * Republic of Vietnam Gallantry Cross with Palm Unit Citation * overseas service bar * Air Medal * Republic of Vietnam Campaign Medal with Device (1960) * Army Commendation Medal * Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) 12. On 19 April 1970, he was honorably released from active duty. His DD Form 214 shows in:? a. item 22b (Total Active Service) – 2 years, 7 months, and 22 days; b. item 22c (Foreign and/or Sea Service) – 11 months and 29 days; c. item 23 (Specialty Number & Title) – 91B2P, Medic; d. item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Combat Medic Badge * Air Medal * Silver Star * Army Commendation Medal * Parachutist Badge e. item 26a (Non-Pay Periods Lost Time) – None. 13. His records are void of orders awarding him the Aircraft Crew Member Badge (Basic Aviation Badge). 14. His records are void of any derogatory information or a commander's disqualification for award of the Army Good Conduct Medal (1st Award). BOARD DISCUSSION: After reviewing the application and all supporting evidence, the Board found that full relief was warranted. 1. The Board agreed to grant the corrections recommended by the analyst of record in Administrative Notes (below the signature block) 2. The Board further found sufficient evidence to award the applicant the Basic Aviation Badge based upon his DD Form 20 that indicates he served in Vietnam in flying status for the required 12 months, from 17 April 1969 to 16 April 1970, and the Army Good Conduct Medal (AGCM). ? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: In addition to the administrative notes annotated by the Analyst of Record (below the signature), the Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of Army records of the individual concerned be corrected by amending his DD Form 214 by awarding him * the "Air Crew Member Wings” (Aircraft Crew Member Badge now known as the Aviation Badge (Basic)), and * the AGCM. 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 was awarded or authorized the following awards not listed on his DD Form 214: * Bronze Star Medal with "V" Device * Air Medal Numeral 2 and with "V" Device instead of Air Medal * three bronze service stars to his previously-issued Vietnam Service Medal * Meritorious Unit Commendation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) REFERENCES: 1. Title 10, United States Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged failure to timely file within the 3 year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided for temporary and permanent award of the Aircraft Crew Member Badge. Commanders of any unit with Army aircraft assigned could publish orders allowing qualified members of that command to wear the Aircraft Crew Member Badge. a. To be eligible for temporary award of the Aircraft Crew Member 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. 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. These personnel were authorized to wear the badge temporarily until relieved from those duties or they could be authorized permanent wear of the Aircraft Crew Member Badge once they fulfilled the regulatory requirements for permanent award of the badge. b. 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. 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 Crew Member Badge. 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 Crew Member Badge. c. Military Personnel (MILPER) Message Number 00-138 (date/time group 101221Z April 2000) changed the name of the Aircraft Crew Member Badge to the Aviation Badge and changed the criteria for award of the Basic, Senior, and Master Aviation Badges. The Basic Aviation Badge could be permanently awarded based on several criteria. For permanent award of the Basic Aviation Badge, an individual must be on flying status in accordance with Army Regulation 600-106 (Flying Status for Nonrated Army Aviation Personnel) or be granted a waiver by the U.S. Army Human Resources Command (HRC); be on flying status (qualified by a Class III flight physical); must have performed in-flight duties for not less than 12 months (not necessarily consecutive) or by logging not less than 48 flight hours (whichever comes first); or be school trained. 3. Army Regulation 600-8-22 (Military Awards) provides Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The three degrees of Aviation Badge authorized for award are: (1) Basic Aviation Badge (formerly Aircraft Crew Member Badge), (2) Senior Aviation Badge (formerly Senor Aircraft Crew Member Badge), and (3) Master Aviation Badge (formerly Master Aircraft Crew Member Badge). b. To be eligible for award of the Basic Aviation Badge, individuals must meet one of the following criteria: (1) Successful completion of formal advanced individual training, Aviation Warrant Officer Technician Qualification courses, or Officer Qualification courses. (2) Be on flying status in accordance with Army Regulation 600-106 (Flying Status for Nonrated Army Aviation Personnel) or granted a waiver by HRC and have performed aerial observer, crewmember, nonrated, or non-crewmember flying duties for not less than 12 months (not necessarily consecutive) or by logging not less than 48 flight hours (whichever comes first). (3) Be on flying status in accordance with Army Regulation 600-106 or granted a waiver by HRC and assigned to a Joint Service Airborne Command Post, serving as a member of an operational team for no less than 12 months (not necessarily consecutive) or by logging not less than 48 flight hours (whichever comes first). (4) Have been incapacitated from 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 on flying status in accordance with Army Regulation 600-106 and while serving in a valid paragraph and line number as coded in the Army Authorization Documents System. (5) Meet the criteria for award of the Army Astronaut device and not otherwise be authorized an Aviator, Flight Surgeon, or Aviation Badge. c. One bronze service star is authorized with the Vietnam Service Medal for each campaign during which a member was assigned or attached to and present for duty with a unit during the period in which it participated in combat. ? 4. U. S. Army Vietnam Regulation 672-1 (Decorations and Awards), in effect at the time, governed the military awards program in Vietnam during the Vietnam War. the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. The enlisted person must have had all "excellent" conduct and efficiency ratings. Ratings of "unknown" for portions of the period under consideration were not disqualifying. Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying. There must have been no convictions by a court-martial. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders. 6. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), in effect at the time, listed the awards received by units serving in Vietnam. This pamphlet shows the 15th Medical Battalion was cited for award of the following: a. Meritorious Unit Commendation by Department of the Army General Orders (DAGO) Number 2, dated 1972, for the period 1 June 1968 to 30 November 1969; b. Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO Number 11, dated 1973, for the period May 1969 to February 1970; and c. Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 42, dated 1972, for the period 1 January 1969 to 1 February 1970. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200000475 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1