RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 December 2005
      DOCKET NUMBER:  AR20050003890


      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. John Slone                    |     |Chairperson          |
|     |Mr. Leonard G. Hassell            |     |Member               |
|     |Mr. Michael J. Flynn              |     |Member               |

      The Board considered the following evidence:

      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 he be awarded the Aircraft Crew
Member Badge for his service on board a helicopter during Vietnam.

2.  The applicant states, in effect, that this badge was never recorded in
his service records with exception of the Air Medal certificate.  The
applicant adds that he did not know that he could request award of the
wings.

3.  The applicant submits a copy of his DD Form 214, Armed Forces of the
United States, Report of Transfer or Discharge; a copy of the orders which
award him the Air Medal, with "V" Device; a copy of Item 38 (Record of
Assignments) from his DA Form 20, Enlisted Qualification Record; a page of
correspondence, believed to have been addressed to the applicant, pertinent
to an increase in disability compensation, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice, which
occurred on 23 March 1970.  The application submitted in this case is dated
7 March 2005.

2.  Title 10, U.S. 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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s military records show that he was inducted into the
Army of the United States on 11 February 1966.  He completed basic combat
training and advanced individual training at Fort Dix, New Jersey.  After
completing all required training, he was awarded the military occupational
specialty (MOS), 63B (Wheeled Vehicle Mechanic).

4.  The applicant was assigned to the U.S. Army Europe as a first duty
station and, on 23 March 1967, the applicant was honorably discharged for
the purpose of immediate reenlistment.  On 24 March 1967, the applicant
enlisted for 3 years and for an assignment to Vietnam.
5.  The applicant served in Vietnam from 10 June 1967 through 17 February
1968.

6.  On arrival in Vietnam, the applicant was assigned to Headquarters and
Headquarters Company, 27th Engineer Battalion (Construction).  On 18
December 1967 he was reassigned to Air Cavalry Troop, 11th Armored Cavalry
Regiment, for duty as a door gunner.

7.  On the evening of 24 January 1968, while serving as a door gunner,
with a light fire team of the Air Cavalry Troop, 11th Armored Cavalry
Regiment, on a combat mission in the vicinity of Loc Ninh, the applicant
was hit in the leg by an enemy bullet.

8.  On 12 February 1968, the applicant was medically evacuated to Japan
for hospitalization and treatment for wounds he sustained on 24 January
1968.  On 16 February 1968, he was further medically evacuated to Walson
Army Hospital, Fort Dix, New Jersey, for continued medical treatment.

9.  The applicant was honorably released from active duty, on 23 March
1970, under the provisions of Army Regulation (AR) 635-200, at the
expiration of his term of service.  He was separated in the rank and pay
grade of Private First Class, E-3.  On the date he was released from active
duty, he had completed a total of 4 years, 1 month, and 13 days, active
military service.

10.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214,
shows he was awarded:  the National Defense Service Medal; the Vietnam
Service Medal; the Republic of Vietnam Campaign Medal; the Parachutist
Badge; the Expert Marksmanship Qualification Badge, with Automatic Rifle
Bar (M-16 Rifle); and one overseas service bar.  The Aircraft Crew Member
Badge is not shown on the applicant's DD Form 214.

11.  On 18 May 1973, The Adjutant General added the Purple Heart and the
Air Medal, with "V" Device, to the applicant's DD Form 214 by publishing a
DD Form 215, Correction to DD Form 214.

12.  There is no entry in Item 41 (Awards and Decorations), of the DA Form
20, showing that the applicant was awarded the Aircraft Crew Member Badge.

13.  There are no orders in the applicant's military personnel records
awarding him the Aircraft Crew Member Badge.

14.  The applicant's DD Form 214 shows entitlement to the Vietnam Service
Medal; however, it does not show the bronze service stars to which the
applicant is entitled for his campaign participation.

15.  While in Vietnam, the applicant participated in the following two
campaigns:  the Vietnam Counteroffensive, Phase III, which extended from 1
June 1967 through 29 January 1968; and the Tet Counteroffensive, which
extended from 30 January through 1 April 1968.

16.  Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign
Participation Credit Register, dated 29 January 1988, which lists unit
awards received by units serving in Vietnam, shows that the 27th Engineer
Battalion was awarded the Meritorious Unit Commendation for the period 1
April 1967 through 31 March 1968, by Department of the Army General Orders
(DAGO) Number 38, dated 1970; and the Republic of Vietnam Civil Actions
Honor Medal, First Class, Unit Citation, for the period 9 August 1967
through 18 April 1968, by DAGO Number 43, dated 1970; while he was a member
of the command.

17.  DA Pamphlet 672-3 also shows that the 11th Armored Cavalry Regiment
was awarded the Valorous Unit Award for the period 31 January through
5 February 1968, by DAGO Number 28, dated 1969; and the Republic of Vietnam
Gallantry Cross, with Palm, Unit Citation, for the period 7 September 1966
through 10 August 1968, by DAGO Number 55, dated 1971; while the applicant
was a member of the unit.

18.  AR 600-8-22, in pertinent part, authorizes award of a bronze service
star, based on qualifying service, for each campaign listed in its Appendix
B and states that authorized bronze service stars will be worn on the
appropriate service medal, in this case, the Vietnam Service Medal.

19.  AR 675-5-1, the Army regulation which 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 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 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.

20.  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.

21.  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.

22.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S.
and foreign unit awards.  This regulation states that a soldier may wear
the unit award permanently if the individual was assigned to, and present
for duty with the unit any time during the period cited; or was attached by
competent orders to, and present for duty with the unit during the entire
period, or for at least thirty consecutive days of the period cited.

DISCUSSION AND CONCLUSIONS:

1.  The evidence suggests that the applicant was not awarded the Aircraft
Crew Member Badge; however, the evidence shows that he was assigned the
principal duties of door gunner with an air cavalry regiment and he had
been assigned to the position of door gunner for over two months when he
was wounded by enemy fire while on a combat mission.  The applicant was
precluded, due to wounds he sustained as a result of hostile action while
on a combat mission,
from fulfilling the regulatory 12 months performance of duty to be
authorized permanent award of the Aircraft Crew Member Badge.

2.  Despite the lack of evidence to show conclusively that the applicant
was not awarded the (temporary) Aircraft Crew Member Badge, the
circumstance in the case and equity considerations entitle him to permanent
award of the Aircraft Crew Member Badge and to have it added to his DD Form
214.

3.  The applicant's DD Form 214 shows entitlement to the Vietnam Service
Medal; however, it does not show the bronze service stars to which the
applicant is entitled for campaign participation.  While in Vietnam, the
applicant participated in two campaigns.  He is entitled to award of two
bronze service stars, to be affixed to his Vietnam Service Medal, to denote
his campaign participation credit.

4.  The applicant served in units that were awarded the Meritorious Unit
Commendation; the Valorous Unit Award; the Republic of Vietnam Gallantry
Cross, with Palm, Unit Citation; and the Republic of Vietnam Civil Actions
Honor Medal, First Class, Unit Citation; while he was a member of the unit.
 These unit awards are not shown on his DD Form 214.  He is entitled to
these unit awards and to have them added to his DD Form 214.

BOARD VOTE:

_MJF___  _LGH____  _JS ____  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by:

      a.  deleting the Vietnam Service Medal from the applicant's DD Form
214;
      b.  awarding the applicant the Vietnam Service Medal, with two bronze
service stars, and adding this award to the applicant's DD Form 214;

      c.  awarding the applicant the Aircraft Crew Member Badge and adding
this award to his DD Form 214; and

      d.  awarding the applicant the Meritorious Unit Commendation; the
Valorous Unit Award; the Republic of Vietnam Gallantry Cross, with Palm,
Unit Citation; and the Republic of Vietnam Civil Actions Honor Medal, First
Class, Unit Citation; and adding these unit awards to his DD Form 214.




                            ____John Slone_________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050003890                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051214                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  164  |107.0118                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]