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ARMY | BCMR | CY2005 | 20050003727C070206
Original file (20050003727C070206.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      22 December 2005
      DOCKET NUMBER:  AR20050003727


      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. Luis Almodova                 |     |Senior Analyst       |


      The following members, a quorum, were present:

|     |Mr. Ted S. Kanamine               |     |Chairperson          |
|     |Mr. Robert L. Duecaster           |     |Member               |
|     |Ms. Jeanette B. McPherson         |     |Member               |

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his DD Form 214, Armed Forces
of the United States, Report of Transfer or Discharge, be corrected to show
he was awarded the Army Commendation Medal, with oak leaf cluster and, with
"V" Device; the Vietnam Service Medal, with four bronze service stars; the
Air Medal, with four "V" Devices; the Aircraft Crewmember Badge; the
Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; and the
Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation.

2.  The applicant states, in effect, that the items listed above are not
shown on his DD Form 214 and he wants to get his DD Form 214 as accurate as
possible for when he passes it on to his son.

3.  The applicant submits a copy of his DD Form 214; a copy of two award
citations for the Army Commendation Medal; a copy of a DA Form 1577,
Authorization for Issuance of Awards, dated 28 October 1974, and a copy of
the Record of Proceedings dated 16 November 2004, in support of his
request.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number
AR2004103918 on 16 November 2004.

2.  A DD Form 215, Correction to DD Form 214, was prepared and distributed
by the Army Review Boards Agency Support Division, St. Louis, Missouri, on
22 July 2005.  In this DD Form 215, the Army Commendation Medal and the
Vietnam Service Medal, with one bronze service star, were deleted from the
applicant's DD Form 214.  In this same DD Form 215, the Army Commendation
Medal, with "V" Device; the Vietnam Service Medal, with three bronze
service stars; the Republic of Vietnam Gallantry Cross, with Palm, Unit
Citation Badge; the Republic of Vietnam Civil Actions Honor Medal, First
Class, Unit Citation Badge; and the Valorous Unit Award were added to his
DD Form 214.

3.  Further discussion is required with regards to the applicant's request
for award of the Army Commendation Medal, with oak leaf cluster and, with
"V" Device; the Vietnam Service Medal, with four bronze service stars; the
Air Medal,
with four "V" Devices; and the Aircraft Crewmember Badge.  No further
discussion is required with regards to the applicant's request for award of
the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; and the
Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation.

4.  The original Record of Proceedings stated the applicant enlisted in the
Regular Army, in Newark, New Jersey, on 5 May 1969, for 3 years and
training as an aircraft power-train repairman.  He completed his basic
combat training at Fort Dix, New Jersey, and his advanced individual
training (AIT) at Fort Eustis, Virginia.  On completion of his AIT, the
applicant was awarded the military occupational specialty (MOS) 68D
(Aircraft Power Train Repairman).

5.  The applicant was awarded the Army Commendation Medal, for meritorious
achievement, by General Orders 6395, published by Headquarters, 101st
Airborne Division (Airmobile), on 6 June 1970.

6.  The applicant was awarded the Army Commendation Medal, with "V" Device,
for heroism on 20 September 1970, by General Orders 14047, published by
Headquarters, 101st Airborne Division (Airmobile), on 28 November 1970.
The Record of Proceedings should correctly have stated that this award
would be shown as Army Commendation Medal, with oak leaf cluster, and with
"V" Device.

7.  It should be noted in this reconsideration for award of the Aircraft
Crew Member Badge that on his assignment and arrival in Vietnam on 25
November 1969, he was assigned the principal duties of a power train
repairman with the 540th Transportation Company (Aircraft Maintenance)
(General Support).  He was reassigned to the 499th Transportation
Detachment (Airmobile) on 13 March 1970 and continued to perform his duties
as an aircraft power train repairman until he departed Vietnam on 7
November 1970.

8.  The evidence shows the applicant was assigned to non-aviator crewmember
flying status on 25 April 1970.  On 24 June 1970, Headquarters, 101st
Airborne Division (Airmobile), published Special Orders Number 175,
paragraph 66, to confirm this assignment.

9.  Item 38 (Record of Assignments), of the applicant's DA Form 20,
Enlisted Qualification Record, shows the applicant performed the duties of
an aircraft power train repairman until 7 November 1970 when he returned to
the United States at the end of his tour of duty in Vietnam.  There is no
evidence to show that he was awarded the Aircraft Crew Member Badge.

10.  On 28 October 1974, the Office of The Adjutant General, authorized
issuance of the Aircraft Crew Member Badge to the applicant in a DA Form
1577, Authorization for Issuance of Award.

11.  In the Record of Proceedings dated 16 November 2004, the applicant's
Air Medal awards were discussed at length.  In these Proceedings, it was
stated that the applicant earned the Air Medal, with Numeral 19 and, with
"V" Device, while he served in Vietnam.  It was also stated that due to
regulatory restrictions, only one "V" Device will be worn on the service
ribbon on the uniform or shown on the DD Form 214 in conjunction with the
applicable award.  The applicant's contention that he wants four "V"
Devices shown on his Air Medal has been noted.

12.  The applicant was awarded the Air Medal, with "V" Device, in General
Orders Number 14057, Headquarters, 101st Airborne Division, dated 28
November 1970, for heroism while participating in aerial flight in the
Republic of Vietnam on 19 July 1970.

13.  The applicant was awarded the Air Medal, with "V" Device, in General
Orders Number 9795, Headquarters, 101st Airborne Division, dated 24 August
1970, for heroism while participating in aerial flight in the Republic of
Vietnam on 20 July 1970.

14.  The applicant was awarded the Air Medal, with "V" Device, in General
Orders Number 832, Headquarters, 101st Airborne Division, dated 24 January
1971, for heroism while participating in aerial flight in the Republic of
Vietnam on 12 August 1970.

15.  Item 30 (Remarks), of the applicant's DD Form 214, shows the applicant
served in Vietnam from 25 November 1969 through 7 November 1970.  The
evidence also shows he participated in three campaigns while he was in
Vietnam:  the Winter-Spring 1970, which extended from 1 November 1969
through 30 April 1970; the Sanctuary Counteroffensive, which extended from
1 May through 30 June 1970; and the Vietnam Counteroffensive, Phase VII,
which extended from 1 July 1970 through 30 June 1971.  The correction
directed in the Record of Proceedings dated 16 November 2004, is correct.

16.  AR 672-5-1, the Army regulation that governed the Army's Awards
Program 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 assigned Army aircrafts 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 were authorized to wear the badge
temporarily until relieved from these duties or, they could be authorized
permanent wear of the Aircraft Crew Member Badge once they had fulfilled
the regulatory requirements for permanent award of the badge.

17.  The above regulation continued by stating that 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 consecutively) or they must have been school trained for a
principal duty as specified above.

18.  The regulation provided that 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 fifteen 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.

19.  AR 600-8-22 provides, in pertinent part, that the "V" Device is worn
to denote participation in acts of heroism involving conflict with an armed
enemy.  In the cases of multiple "V" Devices for the same award, only one
"V" is worn on the service ribbon.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Army Commendation Medal, for meritorious
achievement and the Army Commendation Medal, with "V" Device, for heroism.
The last published order should have appropriately been prepared to show he
was awarded the Army Commendation Medal, with oak leaf cluster and, with
"V" Device.  The applicant's DD Form 214 should have been corrected to show
the same entry.  A further correction to the applicant's DD Form 214 is
required.

2.  The evidence shows that the applicant was school-trained and was
awarded the MOS 68D, power train repairman.  He was assigned to duties as a
non-aviator crewmember and was required to participate in regular and
frequent aerial flight as a crewmember.  His enlisted qualification record
shows he served in this status for 12 months, from the month of his arrival
in Vietnam to the month of his departure from Vietnam.

3.  On 28 October 1974, the Office of The Adjutant General, authorized
issuance of the Aircraft Crew Member Badge to the applicant.  He is
therefore entitled to award of the Aircraft Crew Member Badge and to have
it added to his DD Form 214.

4.  The evidence shows the applicant served in Vietnam from 25 November
1969 through 7 November 1970.  The evidence also shows he participated in
three campaigns while he was in Vietnam.  The correction directed in the
Record of Proceedings, dated 16 November 2004, is correct and therefore no
further action with regards to this issue is required.

5.  The evidence shows that the applicant was awarded three "V" Devices,
in conjunction with the Air Medals he was awarded on 19 July, 20 July, and
on 12 August 1970; however due to restriction in the Awards regulation
which restricts the number of "V" Devices, to one, that can be worn on the
Air Medal, the applicant is not entitled to a correction of his DD Form 214
to show the Air Medal, with the four "V" Devices, he requested.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

_JBM___  __TSK___  __RLD__  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant amendment of the ABCMR’s decision in Docket Number AR2004103918
dated 16 November 2004.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by:

      a.  appropriately showing that the applicant was awarded the Army
Commendation Medal, with oak leaf cluster, and with "V" Device; and


      b.  adding the Aircraft Crew Member Badge that was authorized by the
Office of The Adjutant General to the applicant's DD Form 214.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
award of the Vietnam Service Medal, with four bronze service stars, and the
Air Medal, with four "V" Devices, to the applicant and their addition to
his DD Form 214.




                                  ____Ted S. Kanamine____
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20050003727                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051222                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT IN PART                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.46     |107.0000                                |
|2. 66                   |107.0020                                |
|3. 64                   |107.0018                                |
|4. 164                  |107.0118                                |
|5.                      |                                        |
|6.                      |                                        |


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