PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 25 June 2002
         DOCKET NUMBER: AR2002070109


         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. Wanda L. Waller		Analyst

The following members, a quorum, were present:

Mr. John N. Slone		Chairperson
Mr. Elzey J. Arledge		Member
Mr. Thomas Lanyi		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.

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2. The applicant requests, in effect, correction of his DD Form 214 (Report of Transfer or Discharge) with an effective date of 17 January 1969 to show
16 awards of the Air Medal, the Combat Infantryman Badge and the Aircraft Crew Member Badge.

3. The applicant states that he received the basic Air Medal for the period
11 September 1967 to 19 September 1967; however, he is requesting
15 additional awards of the Air Medal because he had seven months of flying time in Vietnam. He also contends that his discharge document does not show the Combat Infantryman Badge and that he believes that he is eligible for the Aircraft Crew Member Badge.

4. The Disabled American Veterans, as counsel for the applicant, contend that
there is more than sufficient evidence to support the applicant’s request to correct his military records to show 15 awards of the Air Medal, the Combat Infantryman Badge and the Aircraft Crew Member Badge. Counsel points out that the applicant was awarded the basic award of the Air Medal for the period
11 September 1967 to 19 September 1967 and that the applicant served
11 months and 27 days in Vietnam in military occupational specialty (MOS)
11B (light weapons infantryman).

5. The applicant’s military records show that he was inducted on 18 January 1967. He served as a light weapons infantryman and a door gunner in Vietnam from 15 August 1967 through 28 June 1968 and was honorably released on
17 January 1969. He entered active duty again on 6 January 1976 for a period of 4 years. He served as a heavy construction equipment operator and was honorably discharged on 7 January 1980.

6. The applicant’s DD Form 214 does not show any award of the Air Medal, the Combat Infantryman Badge or the Aircraft Crew Member Badge as authorized awards.

7. 4th Infantry Division General Orders Number 3785, dated 5 November 1967, show the applicant was awarded the basic Air Medal for the period 11 September 1967 to 19 September 1967.

8. There are no flight hours recorded in the applicant’s service personnel records and his records fail to show that he was awarded any additional awards of the Air Medal. However, his records do indicate that he remained in a flying status and that his principal duty was door gunner from 10 September 1967 through 28 June 1968 in Vietnam.

9. The applicant’s records show that he was assigned to an infantry company from 15 August 1967 through 10 September 1967 in MOS 11B (light weapons infantryman). However, records also show that he served in an aviation battalion as a door gunner from 10 September 1967 to 19 November 1967.

10. There are no orders for award of the Aircraft Crew Member Badge in the available records. However, the applicant’s records show that he served as a door gunner in Vietnam from 10 September 1967 through 28 June 1968 and was awarded the basic Air Medal during this assignment.

11. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. His service personnel records indicate that he served in two campaigns during his assignment in Vietnam

12. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows the unit, to which the applicant was assigned, was cited for award of the Meritorious Unit Commendation for actions during the period 1 May 1967 to 30 April 1968 by Department of the Army General Orders Number 55, dated 1968. This award is not shown on his discharge document.

13. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 3, dated 1970. This award is not shown on his discharge document.

14. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) also shows the applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 53, dated 1970. This award is not shown on his discharge document.

15. U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, guidelines for award of 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. Nothing created an entitlement to the award.

16. Army Regulation 600-8-22 (Military Awards) provides that Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal. The numeral 2 denotes the second award of the Air Medal.

17. Army Regulation 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. The Awards Branch of the Total Army Personnel Command has advised, in similar cases, that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

18. 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.

19. The regulation also states that 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.

20. Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

CONCLUSIONS:

1. Evidence of record shows the applicant was awarded the basic Air Medal for the period 11 September 1967 to 19 September 1967. However, evidence of record also shows he remained in a flying status and continued to serve as a door gunner until the end of his tour in Vietnam on 28 June 1968. There is no evidence which shows the applicant’s number of hours or missions flown as a door gunner. However, in accordance with the governing regulation, 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. In the absence of any evidence which could be used to determine the specific number of Air Medals to which the applicant is entitled, the Board concludes that it is reasonable to assume that the applicant completed an additional 225 combat missions following award of his basic Air Medal on 19 September 1967. Therefore, in addition to his basic Air Medal, the applicant is entitled to correction of his military records to show
9 additional awards of the Air Medal, correctly known as the Air Medal with Numeral “10”.

2. There are no orders showing award of the Combat Infantryman Badge. Evidence of record shows the applicant served in an infantry MOS while an assigned member of an infantry company in Vietnam. However, there is no evidence the applicant was under fire or that he participated in active ground combat. Therefore, there is insufficient evidence upon which to base award of the Combat Infantryman Badge.

3. Based on the discussion in paragraph 1 above, and in accordance with U.S. Army Vietnam (USARV) Regulation 672-1, the Board determined that the applicant is entitled to permanent wear of the Aircraft Crew Member Badge. Therefore, the applicant is entitled to correction of his DD Form 214 to show this badge.

4. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. However, evidence of record shows the applicant participated in two campaigns during his assignment in Vietnam which are not correctly shown by award of two bronze service stars for wear on his Vietnam Service Medal. Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with two bronze service stars and correction of his DD Form 214 to show these awards.

5. The applicant’s unit received the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his assignment in Vietnam. Therefore, the applicant is entitled to correction of his DD Form 214 to show these awards.

6. 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 Air Medal with Numeral “10”, the Aircraft Crew Member Badge, the Vietnam Service Medal with two bronze service stars, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation on his DD Forms 214 with effective dates of 17 January 1969 and 7 January 1980.

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

BOARD VOTE:

JNS___ EJA_____ TL______ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _John N. Slone______
                  CHAIRPERSON

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INDEX

CASE ID	AR2002070109
SUFFIX
RECON
DATE BOARDED	20020625
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT)
REVIEW AUTHORITY
ISSUES 1.	107.0018
2.	107.0000
3.
4.
5.
6.