PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 4 November 2003
         DOCKET NUMBER: AR2003088437


         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. Richard P. Nelson		Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn		Chairperson
Ms. Gail J. Wire		Member
Mr. Antonio Uribe		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 records to reflect award of the Combat Infantryman Badge (CIB) and “Flight Wings.”

3. The applicant states that the CIB and “Flight Wings” were omitted from his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) when he was separated from the Army.

4. The applicant’s military records show that he was inducted in the Army on 4 March 1968, trained as an infantryman in military occupational specialty (MOS) 11B10, and served in the Republic of Vietnam (RVN) with Company C, 2d Battalion, 39th Infantry, 9th Infantry Division from 8 February 1969 to 1 May 1969, when he was discharged for the purpose of immediate reenlistment. On 2 May 1969, the applicant enlisted for 3 years for the option of being trained in Army Career Group 67, Aircraft Maintenance. The applicant spent the remainder of his RVN tour of duty as a door gunner and crew chief with the 162d Assault Helicopter Aviation Company. He returned to the Continental United States on 23 February 1970 and was honorably separated from the Army on 5 January 1972.

5. Headquarters, 9th Infantry Division General Orders Number 5047, dated 28 April 1969, announced award of the Army Commendation Medal with “V” Device to the applicant for “heroism in connection with military operations against an armed hostile force in the Republic of Vietnam on 11 March 1969.”

6. The applicant’s DD Form 214 shows that he received the following decorations, badges, and campaign ribbons: the Vietnam Service Medal; the Vietnam Campaign Medal; the National Defense Service Medal; the Expert and Sharpshooter Marksmanship Badges; and, two overseas service bars.

7. 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 personnel 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.

8. 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 member in the case of crew chiefs, electronic sensor system operators, and flight engineers or as a non-crewmember in the case of observers, medical aid men, door 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, door 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.

9. 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.

10. 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, door gunner, or technical inspector is entitled to permanent award of the Aircraft Crew Member Badge.

11. The applicant’s DA Form 20 (Enlisted Qualification Record) shows that he served in Duty MOS 67A1F (Door Gunner) from 9 May to 31 December 1969 and Duty MOS 67N2F (Crew Chief) from 23 January to 22 February 1970.

12. There is no indication in the applicant’s personnel records that he was awarded the Good Conduct Medal. There also is no evidence the applicant was disqualified by his unit commander for award of the Good Conduct Medal. Records show the applicant’s conduct and efficiency were rated as “excellent” or “good” throughout his years of qualifying service and there is no indication of disciplinary action being taken against him action in his service personnel records.

13. The applicant’s DD Form 214 shows award of the Vietnam Service Medal, but does not show campaign credit for the periods the applicant served 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 and states that authorized bronze service stars will be worn on the appropriate service medal. The appendix shows that the applicant is entitled to wear one bronze service star for each the following Vietnam campaigns: Vietnam Counter Offensive, Phase VI, 2 November 1968-22 February 1969; Tet 69 Counteroffensive, 1969, 23 February 1969-8 June 1969; Vietnam Summer-Fall 1969, 9 June 1969-31 October 1969; and Vietnam Winter-Spring 1970, 1 November 1969-30 April 1970, correctly shown as four bronze service stars.

15. The Board noted the absence of any unit awards in the applicant’s service records. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units that served in the Vietnam War. This document shows the unit to which the applicant was assigned, was cited for award of the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation during the period 19 December 1966 through 28 June 1969 by Department of the Army General Orders (DAGO) Number 59, dated 1969.

16. Department of the Army General Order Number 8, dated 1974, awarded all personnel assigned to the United States Army Vietnam from 8 February 1962 through 28 March 1973 the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

CONCLUSIONS:

1. General Orders show that the applicant is entitled to the Army Commendation with “V” device. Therefore, he is entitled to correction of his records to show this award.

2. Evidence of record shows that the applicant possessed an infantry MOS and was assigned to an infantry unit of brigade, regimental, or smaller size. General Orders show that the applicant was decorated for heroism in connection with military operations against an armed hostile force while assigned to the infantry unit. The Board concluded that this is sufficient evidence to show that the unit to which the applicant was assigned was engaged in active ground combat. Therefore, he is entitled to award of the CIB and correction of his records to show this badge.

3. Evidence of record shows that the applicant performed duties as a door gunner and crew chief for a little over 8 months while assigned to an assault helicopter company in RVN in the 1969/1970 timeframe. It is a known fact that such units performed combat assaults on an almost daily basis. As such, the Board concluded that the applicant participated in at least 15 combat missions under probable exposure to enemy fire while serving in the principal duties of door gunner and crew and is entitled to permanent award of the Aircraft Crew Member Badge.

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4. Since there is no evidence that the applicant was disqualified for the Good Conduct Medal, he is entitled to the first award of the Good Conduct Medal based on completion of a period of qualifying service from 4 March 1968 through 3 March 1971. Therefore, he is entitled to correction of his records to show this award.

5. Evidence of record shows that the applicant received the Vietnam Service Medal and participated in four campaigns. As a result, the applicant is entitled to award of four bronze service stars, to be affixed to the Vietnam Service Medal and correction of his records to show these appurtenances.

6. General Orders show that the applicant is entitled to the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation. Therefore, he is entitled to correction of his records to show this unit award.

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

8. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded:

a. the Army Commendation Medal with “V” Device for actions on 11 March 1969;

b. the CIB;

c. the Aircraft Crew Member Badge;

d. the first award of the Good Conduct Medal for the period 4 March 1968 through 3 March 1971;

e. four bronze service stars, to be affixed to the Vietnam Service Medal;

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f. the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and

g. the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

BOARD VOTE:

___gjw__ ___fne___ ___au___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _________Fred N. Eichorn_____________
                  CHAIRPERSON

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INDEX

CASE ID	AR2003088437
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20031104
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.