RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 August 2006
      DOCKET NUMBER:  AR20050014830


      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. Maria C. Sanchez              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Dale E. DeBruler              |     |Member               |
|     |Mr. James R. Hastie               |     |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, correction of his separation
document to show award of helicopter crew member wings [subsequently
changed to the Aircraft Crew Member Badge and currently known as the
Aviation Badge], air medals, and other awards he is entitled.

2.  The applicant states, in effect, that during his service in the
Republic of Vietnam, he was assigned to Company L of the 75th Ranger
Regiment for three months and then transferred to Company A of the 101st
Airborne Division.  He continues that Company A was a helicopter combat air
assault unit and his military occupational specialty at that time was 67A1F
(helicopter door gunner).

3.  The applicant further states that while in the Republic of Vietnam, he
was seriously injured, and was hospitalized in Japan.  The applicant
contends that combat activity was very intense and that he can only assume
that his personal information had "slipped through the cracks" in regards
to his awards.

4.  The applicant provides a copy of Headquarters, 101st Airborne Division
[APO San Francisco] Special Orders Number 27, dated 27 January 1970 and his
DD Form 214 (Armed Forces of the United States Report of Transfer or
Discharge) in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 11 November 1971, the date of his release from active duty.
The application submitted in this case is dated 30 September 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 limitations 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 enlisted in the Regular Army on 15 November 1968 for a
period of three years.  After completion of basic and advanced individual
training, he was awarded military occupational specialty 11B (Light Weapons
Infantryman).  He served in Vietnam during the period 20 August 1969
through 27 April 1970.  He was honorably released from active duty on 11
November 1971.
4.  Item 24 (Decorations, Medals, Badges, Commendation, 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 Combat Infantryman Badge, the Republic of Vietnam
Campaign Medal, and the Parachutist Badge.

5.  The applicant's DD Form 214, issued at the time, does not show award of
the helicopter crew member wings [Aircraft Crew Member Badge] or the Air
Medal.

6.  The applicant submitted Headquarters, 101st Airborne Division Special
Orders Number 27, dated 27 January 1970.  These orders awarded the
applicant with Crewmember Flight Status (Non-aviator crewmember).  These
orders also show that his military occupational specialty was 67A (Aircraft
Maintenance Apprentice) with an effective date of 15 December 1969.

7.  Army Regulation 600-8-22 (Military Awards), in pertinent part, sets
forth the requirements for the 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.

8.  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.  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, gunner, or technical inspector is
entitled to permanent award of the Aircraft Crew Member Badge.
9.  The applicant's service records do not contain any documentation that
shows he participated in any missions or how many combat hours he flew
while assigned to the 101st Airborne Division.

10.  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.

11.  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.  Crewmembers on flying status
performing duties in flight which are essential to the operation of the
aircraft; pilot, co-pilot, aircraft commander, Table, Organization and
Equipment (TOE) or Table of Distribution (TD) crew chief, TOE or TD flight
engineer, flight surgeon, medical aidman, and gunners are eligible for
award of the Air Medal when all of the criteria for the award is met.

12.  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.
Fifty Category II missions (armed and visual reconnaissance, and support
immediately before, during and after combat assault operations) was the
standard established for which sustained operations were deemed worthy of
recognition by an award of the Air Medal.  One hundred Category III
missions (non-armed support not connected with an immediate combat
operation but at times vulnerable to small arms fire) 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.

13.  The applicant's DD Form 214 and DA Form 20 (Enlisted Qualification
Record) do not show award of the Purple Heart.


14.  There are no General Orders in the available records which show that
the applicant was awarded the Purple Heart.  Item 40 (Wounds) of the
applicant's DA Form 20 contains an entry that he fractured his cervical
vertebrae on 27 August 1970.  However, there is no evidence in his records
that show he was wounded or treated for wounds as a result of hostile
action.  The applicant's name is also not listed on the Vietnam Casualty
Roster.

15.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows
while serving in the Republic of Vietnam, he was assigned to the following
units:

      a.  Company L (Ranger) of the 75th Infantry Division during the
period 4 September 1969 through 17 December 1969;

      b.  Company B, 1st Battalion of the 506th Infantry Division during
the period 17 December 1969 through 19 December 1969; and

      c.  Company A, 101st Aviation Battalion of the 101st Airborne
Division during the period 19 December 1969 through 26 April 1970.

16.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register) shows that, at the time of the applicant's
assignment to Company L (Ranger) of the 75th Infantry Division, the unit
was cited for award of the Valorous Unit Award for actions during the
period 7 December 1969 through 16 February 1970 by Department of the Army
General Orders Number 48, dated 1971.

17.  Department of the Army Pamphlet 672-1 also shows that, at the time of
the applicant's assignment to Company B, 1st Battalion of the 506th
Infantry Division, the unit was cited for award of the Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation for actions during the
period 3 October 1968 through 2 May 1970 by Department of the Army General
Orders Number 48, dated 1971.

18.  Department of the Army Pamphlet 672-3 further 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 8, dated
1974.

19.  The applicant's records show that he was awarded the Vietnam Service
Medal.  However, his DD Form 214 does not show any bronze service stars
indicating campaign credit.  His records indicate he participated in the
Vietnam Summer-Fall 1969 and the Vietnam Winter-Spring 1970 campaigns.

20.  Appendix B of Army Regulation 600-8-22 shows that the applicant
participated in two campaigns during his tour of duty in the Republic of
Vietnam.  This same regulation states that a bronze service star will be
awarded for wear on the Vietnam Service Medal for participation in each
campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to award of the helicopter crew
member wings [changed to Aircraft Crew Member Badge and currently known as
the Aviation Badge], air medals, and other awards.

2.  Contrary to the applicant's contention that he served as a helicopter
door gunner with the military occupational specialty 67A, evidence shows he
served as an Aircraft Maintenance Apprentice in the military occupational
specialty 67A. Evidence also shows that he was awarded crewmember flight
status.

3.  Regulation states that to be eligible for temporary or permanent award
of the Aircraft Crew Member Badge, the Soldier had to hold a principal duty
assignment as a crew chief, flight engineer, aircraft maintenance
supervisor, observer, gunner, or technical inspector.  Another requisite
for permanent award of the badge is that the 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.

4.  Evidence failed to show that he served in any of the principal duty
assignments stated above, or that he performed in one of the duties for
12 months.  Therefore, the applicant is not entitled to award of the
Aircraft Crew Member Badge.

5.  There is no evidence and the applicant did not provide any evidence
showing the type of missions or flight hours he flew while assigned to the
101st Airborne Division which is a requisite for award of the Air Medal.
Therefore, he is not entitled to this award.

6.  Evidence shows the applicant suffered an injury when he was stationed
in the continental United States; however, there is no evidence and the
applicant did not provide any evidence showing that these injuries were
incurred as a result of direct conflict with hostile forces.  Therefore, he
is not entitled to award of the Purple Heart in this case.

7.  Orders show the applicant was awarded the Valorous Unit Award.
Therefore, he is entitled to correction of his records to show this award.

8.  Orders show the applicant was awarded the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled
to correction of his records to show this award.

9.  Orders show the applicant was awarded the Republic of Vietnam Gallantry
Cross with Palm Unit Citation.  Therefore, he is entitled to correction of
his records to show this award.

10.  Records show that the applicant participated in two campaigns during
his service in the Republic of Vietnam.  Therefore, he is eligible for
award of two bronze service stars to be affixed to his Vietnam Service
Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

_JEA____  __DED_ _  _JRH___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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 awarding the Valorous
Unit Award, the Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation, the Republic
of Vietnam Gallantry Cross with Palm Unit Citation, and two bronze service
stars to be affixed to his Vietnam Service Medal.

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 Aircraft Crew Member Badge, Air Medals, and the Purple Heart.





                               __James E. Anderholm_
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050014830                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060808                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  46   |107.0000.0000                           |
|2.  61                  |107.0015.0000                           |
|3.  64                  |107.0018.0000                           |
|4.  164                 |107.0118.0000                           |
|5.                      |                                        |
|6.                      |                                        |


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