RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  3 April 2007
	DOCKET NUMBER:  AR20060012649 


	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. Gerard W. Schwartz

Acting Director

Ms. Wanda L. Waller

Analyst

The following members, a quorum, were present:


Mr. John Infante

Chairperson

Ms. Susan Powers

Member

Mr. Qawiy Sabree

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, award of the “Crew Chief Wings” (correctly known as the Aircraft Crew Member Badge), the “Door Gunner Medal,” the Air Medal, two awards of the Purple Heart (correctly known as the Purple Heart with First Oak Leaf Cluster), the Good Conduct Medal, the Sharpshooter Marksmanship Qualification Badge with Pistol Bar, and the Expert Marksmanship Qualification Badge with Rifle Bar.   

2.  The applicant states, in effect, that he served as a crew chief and door gunner assigned to the 1st Aviation Battalion in Vietnam and that he got hit twice.  He contends that as a crew chief you received “Crew Chief Wings” and awards of the Air Medal for so many flight hours.       

3.  The applicant provides a letter, dated 18 August 2006, from a Member of Congress; a copy of his DD Form 214; and three photographs of a Soldier and helicopters.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred on 
22 September 1971.  The application submitted in this case is dated 14 August 2006.

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 requested correction of his records to show award of the Air Medal.  There are no orders or other evidence authorizing this decoration to the applicant.  In the absence of a proper award authority for this decoration, the applicant may request award of the Air Medal under the provisions of Section 1130 of Title 10, United States Code.  The applicant has been notified by separate correspondence of the procedures for applying for this decoration under Section 1130 and, as a result, they will not be discussed further in this Record of Proceedings.


4.  The applicant enlisted on 14 June 1967 for a period of 3 years.  He served as a lineman and was honorably discharged on 13 February 1968 for immediate reenlistment.  He reenlisted on 14 February 1968 for a period of 4 years.  His DA Form 20 (Enlisted Qualification Record) shows he completed advanced individual training (AIT) in military occupational specialty (MOS) 68G and orders show he was awarded primary MOS 68G (airframe repairman) effective 13 May 1969.  He arrived in Vietnam on 22 June 1969.  He served as a security platoon guard and lineman assigned to Headquarters and Headquarters Company, 11th Combat Aviation Battalion in Vietnam from 23 June 1969 through 19 December 1969.  He served in MOS 68G assigned to the 128th Aviation Company, 11th Aviation Battalion in Vietnam from 20 December 1969 through 21 March 1970.  He served in MOS 68G assigned to the 190th Aviation Company in Vietnam from 22 March 1970 until he was hospitalized on 24 April 1970.  On 22 September 1971, the applicant was released from active duty to attend school.           

5.  The applicant’s DD Form 214 (Report of Transfer or Discharge) for the period ending 22 September 1971 shows the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, and the Republic of Vietnam Campaign Medal with Device 1960 as authorized awards.  

6.  There are no orders for the Aircraft Crewmember Badge in the applicant’s service personnel records.

7.  Army Regulation 600-8-22 (Military Awards) does not show the “Door Gunner Medal” as an authorized award.  Therefore, this portion of the applicant’s request will not be discussed further in these proceedings.     

8.  There is no evidence in the available records which shows that the applicant was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam.

9.  The applicant's DA Form 20 does not show entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20 is blank.  The applicant's name does not appear on the Vietnam Casualty Roster.

10.  There are no service medical records available.

11.  There are no orders for the Good Conduct Medal in the applicant’s service personnel records.  His DA Form 20 shows that he received conduct and efficiency ratings of “Good” during the period 12 June 1968 to 27 February 1969.   
12.  There are no orders for the Sharpshooter Marksmanship Qualification Badge with Pistol Bar in the applicant’s service personnel records.  However, orders show the applicant received the Marksman Marksmanship Qualification Badge with Pistol Bar on 25 September 1968.  

13.  Orders show the applicant received the Expert Marksmanship Qualification Badge with Rifle Bar on 13 May 1969.   

14.  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 applicant's unit (Headquarters and Headquarters Company, 11th Aviation Battalion) is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 6, dated 1974.

15.  Department of the Army Pamphlet 672-3 also shows that the applicant’s unit (Headquarters and Headquarters Company, 11th Aviation Battalion) is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 55, dated 1971.

16.  Army Regulation 600-8-22 provides, in pertinent part, that the Aircraft Crew Member Badge (i.e., currently known as the Aviation Badge) may be permanently awarded for successful completion of formal AIT in career management field 67 MOSs.  The regulation also states that MOS 68 graduates after 31 December 1985 may be awarded the basic Aviation Badge.  Paragraph 28a(1) of this regulation states that for award of this badge, an individual must be on flying status in accordance with Army Regulation 600-106 or be granted a waiver by Headquarters, U.S. Army Human Resources Command (AHRC-PLP-1); be on flying status (physically qualified-class III); have performed crewmember or noncrewmember flying duties for not less than 12 months (not necessarily consecutive), or by logging not less than 48 flight hours (whichever comes first), or be school trained.  

17.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.  The regulation states, in pertinent part, that the bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

18.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must 
have been rated as "excellent" for the entire period of qualifying service except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made positive recommendation for its award and until the awarding authority announced the award in General Orders.

19.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant completed AIT in MOS 68G in 1969.  There is no evidence of record which shows he performed crewmember or noncrewmember flying duties for not less than 12 months or that he flew 48 flight hours.  Therefore, the applicant is not entitled to award of the Aircraft Crew Member Badge. 

2.  Although the applicant’s DA Form 20 shows he was hospitalized on 24 April 1970 in Vietnam, there is no evidence in the applicant's service personnel records which shows that he was wounded or injured a result of hostile action in Vietnam.  Therefore, there is insufficient evidence on which to base any award of the Purple Heart in this case.

3.  There are no orders for the Good Conduct Medal in the available records.  The applicant's military records show he received conduct and efficiency ratings  of "Good" during the period 12 June 1968 to 27 February 1969, which is a disqualifying factor for award of the Good Conduct Medal.  Therefore, the applicant does not meet the eligibility criteria for award of the Good Conduct Medal.

4.  Although the applicant contends that he received the Sharpshooter Marksmanship Qualification Badge with Pistol Bar, orders show he received the Marksman Marksmanship Qualification Badge with Pistol Bar.  Therefore, there is insufficient evidence on which to amend his DD Form 214 to show the Sharpshooter Marksmanship Qualification Badge with Pistol Bar; however, his DD Form 214 will be corrected to show the Marksman Marksmanship Qualification Badge with Pistol Bar 

5.  Orders show the applicant received the Expert Marksmanship Qualification Badge with Rifle Bar.

6.  The applicant's unit (Headquarters and Headquarters Company, 11th Aviation Battalion) received 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 assigned to it.

7.  Records show the applicant should have discovered the alleged errors now under consideration on 22 September 1971; therefore, the time for the applicant to file a request for correction of any error expired on 21 September 1974.  Although the applicant did not file within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file based on the fact there is no statute of limitations on requests for award of the Purple Heart.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

JI______  __SP____  __QS____  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 amending his DD Form 214 to add the Expert Marksmanship Qualification Badge with Rifle Bar, the Marksman Marksmanship Qualification Badge with Pistol Bar, 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 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, the Purple Heart with First Oak Leaf Cluster, the Good Conduct Medal, and the Sharpshooter Marksmanship Qualification Badge with Pistol Bar.  


__John Infante________
          CHAIRPERSON




INDEX

CASE ID
AR20060012649
SUFFIX

RECON

DATE BOARDED
20070403
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.

3.

4.

5.

6.