PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 22 July 2003
         DOCKET NUMBER: AR2003085462


         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
Mr. Gerard W. Schwartz		Analyst

The following members, a quorum, were present:

Mr. John L. Sloan		Chairperson
Mr. Thomas D. Howard		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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect all awards he is entitled. In effect, he requests the Aircraft Crew Member Badge - Basic, Senior/Master Crew Member Badge, Air Medal, Vietnam Cross of Gallantry with Palm Unit Citation and Republic of Vietnam Campaign Medal with Device (1960).

3. The applicant states in effect that he is missing awards and campaign medals from his DD Form 214. In support of his application, the applicant provided a copy of his DA Form 20 (Enlisted Qualification Record), DD Form 214, and pages from Army Regulation 672-5-1 (Military Awards) and Army Regulation 600-8-22 (Military Awards).

4. The applicant’s military records show that he entered active duty on 23 June 1966. His record shows that he completed training in Military Occupational Specialty (MOS) 45J (Aircraft Armament Repairman). The applicant reenlisted on 15 September 1967 for three years. He served in Vietnam as an Aircraft Armament Repairman from 21 November 1967 to 20 November 1968 in the 176th Aviation Company. He continued to serve until released from active duty on 14 September 1970 with a characterization of service of honorable. His highest grade achieved was E-5.

5. The following awards were annotated on his DD Form 214 and DA Form 20: National Defense Service Medal; Vietnam Service Medal; Vietnam Campaign Medal with 60 Device; 2 Overseas Bars; Good Conduct Medal; Marksman Badge Rifle Bar (M14); Expert Badge .45 Caliber Pistol; Expert Badge .38 Caliber Pistol.

6. Since the applicant's DD Form 214 already reflects award of the Republic of Vietnam Campaign Medal with Device (1960), it will not be discussed further in these proceedings.

7. The applicant has indicated, in effect, that he should be awarded the Aircraft Crew Member Badge - Basic, Senior/Master Crew Member Badge and Air Medal. There are no orders in the applicant’s service personnel records which show that he was awarded any of these badges or medals. There also is no evidence in his records that as an Aircraft Armament Repairman, he was a crewman or ever cited for achievement while participating in aerial flight.

8. The Army Regulation 672-5-1 (Military Awards) in effect 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. 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.

9. 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. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

10. The Board noted that the applicant is eligible for unit awards not shown on his DD Form 214. The Board also noted that the applicant did not receive credit for the campaigns in which he served in Vietnam.

11. 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 176th Aviation Company, to which the applicant was assigned, was cited for award of the Valorous Unit Award for actions on 12 May 1968 by Department of the Army General Orders Number 43, dated 1970.

12. Department of the Army Pamphlet 672-3 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 Vietnam Gallantry Cross with Palm Unit Citation for the period 27 March 1967 to 17 May 1968 by Department of the Army General Orders Number 46, dated 1969.

13. Item 39 (Campaigns) of his DA Form 20 lists five campaigns in which the applicant served during his assignment in Vietnam.

14. 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 or item 39 of the DA Form 20. The regulation states that authorized bronze service stars will be worn on the appropriate service medal. The regulation also provides that a silver service star is awarded in lieu of five bronze service stars.

CONCLUSIONS:

1. The Board considered the applicant’s request for correction of his DD Form 214 to reflect the awards he is entitled and the documents which he submitted in support of his claim. The Board also reviewed the available service personnel and medical records.

2. The Board noted there is no evidence of record which shows that he was awarded or qualified for the Aircraft Crew Member Badge - Basic and the Senior/Master Crew Member Badge. In the absence of orders, there is insufficient evidence upon which to base the above awards.

3. The Board noted there is no evidence of record which shows that the applicant was cited in time of war for heroism and for meritorious achievement or service while participating in aerial flight. In the absence of orders, there is insufficient evidence upon which to base award of the Air Medal.

4. General Orders show the applicant is entitled to the Valorous Unit Award. Therefore, he is entitled to correction of his records to show this unit award.

5. General Orders show the applicant is entitled to the Vietnam Gallantry Cross with Palm Unit Citation. Therefore, he is entitled to correction of his records to show this unit award.

6. Evidence of record shows the applicant served in five campaigns during his service in Vietnam. Therefore, he is entitled to the Vietnam Service Medal with five bronze service stars and correction of his records to show the Vietnam Service Medal with one silver service star.

7. 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 showing the individual concerned was awarded the Valorous Unit Award, Vietnam Gallantry Cross with Palm Unit Citation and the Vietnam Service Medal with one silver service star.




2. That so much of the application as pertains to the award of the Aircraft Crew Member Badge - Basic, Senior/Master Crew Member Badge and Air Medal is denied.

BOARD VOTE:

___JLS__ __TDH_ _ __TL__ _ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____________JLS________
                  CHAIRPERSON

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INDEX

CASE ID	AR2003085462
SUFFIX
RECON
DATE BOARDED
TYPE OF DISCHARGE
DATE OF DISCHARGE	20030722
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY	Mr. Schneider
ISSUES 1.	107.0000.0000
2.
3.
4.
5.
6.