IN THE CASE OF: BOARD DATE: 29 October 2020 DOCKET NUMBER: AR20200002283 APPLICANT REQUESTS: In effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending on 27 March 1972, to show he was awarded the: * Bronze Star Medal * Air Medal * Basic Aviation Badge (formerly known as the Aircraft Crew Member Badge) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 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 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, in pertinent part: a. While serving in Ban Me Thout, Vietnam with the 155th Assault Helicopter Company (AHC) as a door gunner on a UH-1 "Slick" from October of 1970 to January of 1971, he received orders for crewman wings and an air medal. A copy of these orders were given to company flight operations at the direction of orderly room personnel who cut the orders. In addition, he was to be awarded a bronze star medal. b. As the 155th was disbanding, the Company Commander stated that everyone in the company would be put in for a bronze star for their efforts in the successful transfer of helicopters, vehicles and other company equipment and structures. A number of flight crew personnel were transferred to the 92nd AHC in Dong Ba Thin, where he expected to receive those medals. While his fellow flight crew members received medals, he did not. His inquiries produced no results. It seemed to him that the orders were lost or misplaced during the transfer process. He found no reference to them in his DD Form 214 or his military records request years later. c. As the years have gone by, it seems to him there is a greater sense of acceptance and appreciation of Vietnam vets as well as with the recent commemoration of the 50th anniversary of the US involvement, which sparked the interest for this request. Since the orders were either misplaced or lost, he has no documentation other than a copy of his DD Form 214. 3. A review of the applicant’s military service records shows the following: a. On 10 April 1970, he enlisted in the Regular Army. b. He completed initial entry training for Aircraft Maintenance and UH-1 Helicopter Repairman in 1970 and was awarded military occupational specialty (MOS) 67N (UH-1 Helicopter Repairman). c. On 27 March 1972, he was honorably released from active duty after completing 1 year, 11 months, and 18 days of net service this period to join the US Army Reserve. A copy of his DD Form 214 shows at the time he was released, he received the following awards: * National Defense Service Medal * Vietnam Campaign Medal with 60 Device * Vietnam Service Medal with 1 Bronze Service Star * Sharp Shooter Badge with M-16 Bar d. His record contains a DA Form 20 (Enlisted Qualification Record) which reflects: (1) In item 22 (Military Occupational Specialties), “67N20 UH-1 Helicopter Mechanic/Repairman” (2) In Item 31 (Foreign Service), from 9 October 1970 to 4 October 1971 “USARPAC Vietnam” (3) In Item 41 (Awards and Decorations) – * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal * Two Overseas Service Bars * Sharp Shooter Badge with M-16 Bar 4. The applicant provides a copy of his DD Form 214 which is referenced in paragraph 3c. 5. There are no orders or other documents in his records that show he was either recommended for award or awarded the Air Medal, Basic Aviation Badge, or Bronze Star Medal. 6. Review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for additional Air Medals. 7. Please see below REFERENCES for all applicable guidance. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined relief was not warranted. Based upon the available documentation, the Board concluded there was insufficient evidence to show that the applicant was ever awarded or qualified for any of the requested awards. As a result, the Board concluded there was insufficient evidence of an error or injustice which would warrant a change to the applciant’s record. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :X :X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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. 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 error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the 3 year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. Army Regulation 600-8-22 (Military Awards), currently in effect, provides the policy, criteria, and administrative instructions concerning individual military decorations. It states, in pertinent part: a. 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. b. Paragraph 8-28 outlines the criteria for award of the Basic Aviation Badge. It states that for award of this badge, individuals must meet one of the following criteria: (1) Successful completion of formal advanced individual training for specified career management fields (CMF) or military occupational specialties (MOS). (2) Be on flying status or granted a waiver by U.S. Army Human Resources Command (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 or granted a waiver by HRC, and assigned to a Joint Service Airborne Command Post, serving as a member of an operational team for not 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 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. The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. (1) Title 10, U.S. Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion. Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration. Based upon such review, the Secretary shall determine the merits of approving the award. (2) The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to: Commander, U.S. Army Human Resources Command (AHRC-PDP-A), 1600 Spearhead Division Avenue, Fort Knox, KY 40122. The unit must be clearly identified, along with the period of assignment and the recommended award. A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638. Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents. Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request. The burden and costs for researching and assembling supporting documentation rest with the applicant. 3. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) also provided guidelines for award of: a. The Air Medal. It established that passenger personnel who did not participate in an air assault were not eligible for the award based upon sustained operations. It defined terms and provided guidelines for the award based upon the number and types of missions or hours. Twenty-five category I missions (air assault and equally dangerous missions) and accrual of a minimum of 25 hours of flight time while engaged in category I missions was the standard established for which sustained operations were deemed worthy of recognition by an award of the Air Medal. However, the regulation was clear that these guidelines were considered only a departure point. b. 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. (1) To be eligible for temporary award of this 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. (2) 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. Personnel who are 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 are not personally responsible are entitled to permanent wear of the Aircraft Crew Member Badge. Further, an individual who has 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 is entitled to permanent award of the Aircraft Crew Member Badge. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont.) AR20200002283 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1