RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  10 July 2007
	DOCKET NUMBER:  AR20060015231 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Paul Wright

Analyst

The following members, a quorum, were present:


Ms. Kathleen A. Newman

Chairperson

Ms. Susan A. Powers

Member

Mr. Edward E. Montgomery

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 multiple awards of the Air Medal, Distinguished Flying Cross, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Presidential Unit Citation (Navy), Valorous Unit Award, and "Wings Crewmember (sic)."

2.  The applicant states these items are not on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and he has not received any of his medals – Purple Heart, Army Commendation Medal, etc.

3.  The applicant provides a copy of his DD Form 214, a copy of his award of the Purple Heart, a copy of his order for the Army Commendation Medal with "V" Device, several blurred copies of a partial recommendation for the Distinguished Flying Cross, and several sheets showing his flying missions.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 8 January 1968.  The application submitted in this case is dated 23 October 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.  On 19 March 1965, the applicant enlisted in the Regular Army for a period of 3 years.  He completed both Basic Combat Training (BCT) and Advanced Individual Training (AIT).  Upon graduation, he was awarded military occupational specialty (MOS) 11H, Infantry Direct Fire Crewman.

4.  The applicant served in Vietnam from 26 January 1966 to 29 August 1967 in two separate units of assignment.  His first unit was Headquarters and Headquarters Company, 2nd Battalion, 18th Infantry and his second unit was the 71st Aviation Company (Airmobile).

5.  On 8 January 1968, the applicant was honorably released from active duty and assigned to the U.S. Army Reserve Control Group (Reinforcement).  His DD Form 214 shows he was awarded the Vietnam Service Medal with 2 bronze service stars, the Army Commendation Medal with "V" Device, the Republic of Vietnam Campaign Medal, the National Defense Service Medal, the Combat Infantryman Badge, and Expert [Marksmanship Qualification Badge] (Rifle).

6.  The Board noted the applicant’s request for award of the Distinguished Flying Cross and Air Medals.  However, the applicant has not exhausted the administrative remedy available to him under the provisions of Section 1130, Title 10, United States Code.  He has been notified by separate correspondence regarding submission of a recommendation for award of the Distinguished Flying Cross and Air Medals under this provision of law.  As a result, award of the Distinguished Flying Cross and Air Medals requested by the applicant is not discussed further in these Proceedings.

7.  Army Regulation 672-5-1 (Awards), in effect at the time when the service member was discharged, required that throughout a qualifying period of service for award of the Good Conduct Medal, the enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  With the publication of the new Army Regulation 672-5-1, in 1974, the requirement for all excellent conduct and efficiency ratings was dropped and an individual was required to show that he/she willingly complied with the demands of the military environment, had been loyal and obedient, and faithfully supported the goals of his organization and the Army.  Today, Army Regulation 600-8-22, which replaced Army Regulation 672-5-1, notes that there is no automatic entitlement to the Army Good Conduct Medal and disqualification must be justified.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.

8.  Army Regulation 600-8-22 (Military Awards), 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 applicant served in Vietnam during three campaigns -- Vietnam Counteroffensive, which extended from 25 December 1965 through 30 June 1966; Vietnam Counteroffensive, Phase II, which extended from 1 July 1966 through 31 May 1967; and Vietnam Counteroffensive, Phase III, which extended from 1 June 1967 through 29 January 1968.


9.  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 units to which the applicant was assigned were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 12 July 1965 to 16 October 1968 by Department of the Army General Orders 21, dated 1969; the Republic of Vietnam Civil Actions Honor Medal, First Class for the period 12 July 1965 to 7 April 1970 by Department of the Army General Orders 53, dated 1970; the Valorous Unit Award for the period 13-19 August 1967 by Department of the Army General Orders 37, dated 1970; and the Presidential Unit Citation (Navy) for the period 28 July 1971 to 1 August 1971 by Department of the Army General Orders 32, dated 1973.

10.  Army Regulation 672-5-1 (Awards), in effect at the time, states in pertinent part, authority for the award of Aircraft Crewman Badges.  Paragraph 108.5 (Aircraft Crewman Badge) indicates this award can be issued both as a Temporary or Permanent award as follows: 

	a.  Temporary Award – The commander of any Army unit which has assigned Army aircraft may authorize in published orders qualified personnel of his command to wear the Aircraft Crewman Badge.  An individual must be on flying status as a crew member in the case of crew chiefs, Airborne Electronic Sensory System Operators and Supervisors and flight engineers or as a noncrew member in the case of observers, medical aidmen, gunners, aircraft maintenance supervisors, or technical inspectors, physically qualified, class III, and be qualified for and hold a principal duty assignment as a crew chief, flight engineer, aircraft maintenance supervisor, observer, gunner, or technical inspector.  An officer on flying status as an aerial observer may be awarded the Aircraft Crewman Badge.  U.S. Army personnel assigned to a Joint Service Airborne Command Post and serving in duties as a member of an operational team on flying status manning the Airborne Command Post are eligible for the award of the Aircraft Crewman Badge.  Concurrent with such assignment, these personnel are authorized to wear the Aircraft Crewman Badge until relieved from such duty or until such time as he fulfills the mandatory requirements for permanent award.
b.  Permanent Award – An individual who has performed in one of the duties specified in a above for not less than 12 months (not necessarily consecutive), or is school trained for a principal duty contained in a above, will be authorized to wear the Aircraft Crewman Badge permanently.
11.  Special Orders Number 158, dated 10 May 1965, Headquarters, Fort Polk shows the applicant was awarded the Expert Marksmanship Qualification Badge with M-14 Rifle Bar.
12.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), in effect at the time, governs the requirements for the Oversea Service Bar.  In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States.  There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one overseas service bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam are counted as a whole months for credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served honorably and faithfully throughout his period of induction.  During this period, the applicant was awarded the Purple Heart and the Army Commendation Medial with "V" Device.  He entered active duty in the rank of Private (PVT/E-1) and was released from active duty in the rank of Specialist (SP4/E-4).  He achieved that rank in a period of 2 years, 9 months, and 20 days of active duty.  There is no indication of any lost time or indiscipline in the applicant's available personnel records or that he was otherwise disqualified from receiving the GCMDL by any of his unit commanders.  He is therefore entitled to award of the GCMDL for the period 19 March 1965 through 8 January 1968.

2.  The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award.  However, evidence of record shows the applicant participated in three campaigns during his assignment in Vietnam which are not correctly shown by award of three bronze service stars for wear on his Vietnam Service Medal.  Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with three bronze service stars and correction of his DD Form 214 to show these service stars.

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

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

5.  General Orders show the applicant is entitled to award of the Valorous Unit Award.  Therefore, he is entitled to correction of his records to show award of this unit award.

6.  General Orders show the applicant is entitled to award of the Presidential Unit Citation (Navy).  Therefore, he is entitled to correction of his records to show award of this unit award.

7.  The applicant requests "Wings Crewmember."  There is no such award.  It is assumed that he desires the Aircraft Crewman Badge.  Evidence of record shows the applicant did not serve a full 12 months with the 71st Aviation Company to qualify for permanent issue of this award.  Additionally, there are no orders showing he was awarded the Aircraft Crewman Badge.  Therefore, he is not entitled to a correction of his records to have this award added to his DD Form 214.

8.  The applicant's DD Form 214 improperly shows his award of the Expert (Rifle).  This is properly called the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, he is entitled to a correction of his DD Form 214 to properly reflect award of this badge.

9.  The applicant served 18 months in Vietnam and is entitled to have three Overseas Service Bars added to his DD Form 214.

10.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 8 January 1968; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 7 January 1971.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence, it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__kan___  __sap___  __eem___  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: 

	a.  Issuing the applicant orders for the Good Conduct Medal for the period 19 March 1965 through 8 January 1968;

	b.  Deleting the Vietnam Service Medal with 2 bronze service stars and Expert (Rifle); and

	c.  Adding the Vietnam Service Medal with 3 bronze service stars, the Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, the Valorous Unit Award, the Presidential Unit Citation (Navy), the Expert Marksmanship Qualification Badge with M-14 Rifle Bar, and 3 Overseas Service Bars.

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 the Aircraft Crewman Badge. 



						Kathleen A. Newman
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20060015231
SUFFIX

RECON

DATE BOARDED
20070710
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(GRANT)
REVIEW AUTHORITY

ISSUES         1.
107.0132
2.
107.0018
3.
107.0094
4.
107.0095
5.
107.0033
6.
107.0031