RECORD OF PROCEEDINGS


	IN THE CASE OF:	 


	BOARD DATE:	  21 June 2007
	DOCKET NUMBER:  AR20060017666


	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. Michael J. Fowler

Analyst

The following members, a quorum, were present:


Ms. Sherri V. Ward

Chairperson

Mr. Richard T. Dunbar

Member

Mr. David W. Tucker

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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with the period ending 20 June 1969 to show award of the "Air Combat Badge," the Combat Infantryman Badge, and marksmanship qualification badges for the 50 Caliber Machine Gun, the M-60 Machine Gun, and the M-79 Grenade Launcher.  

2.  The applicant states, in effect, that above awards were omitted from his DD Form 214.  While in Vietnam, he served as a crew chief and door gunner and was placed in many combat situations that involved using the mentioned weapons.  The applicant further states there is an error in Item 41 (Awards, Decorations, and Campaigns) of his DA Form 20 (Enlisted Qualification Record) that shows the handwritten annotation "ACB" and no one at the Department of Veterans Affairs (DVA) seems to know what it is.  Since he was already awarded the Aircraft Crewman Badge he believes the ACB should be changed to read the "Air Combat Badge."   

3.  The applicant provides a DD Form 214; a DD Form 215 (Correction to DD Form 214), dated 17 June 2005; a DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States), dated 22 June 1966; Office of The Adjutant General, U.S. Army Reserve Components Personnel and Administration Center Letter Orders Number 05-1180160, dated 24 May 1972; two Letters of Support from former fellow Soldiers; two news articles from the internet; 10 pages of a DA Form 1594 (Daily Staff Journal or Duty Officer's Log); and his DA Form 20.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 
20 June 1969.  The application submitted in this case is dated 10 December 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 was inducted into the Army on 15 June 1966.  He was discharged on 21 June 1966 for immediate enlistment.  He enlisted in the Regular Army on 22 June 1966 and successfully completed basic training and advanced individual training.  He was awarded military occupational specialty 67N (Helicopter Repairman).  

4.  The applicant arrived in Vietnam with the 614th Transportation Detachment on or about 18 September 1967 and was later assigned to the 145th Combat Aviation Battalion where he performed duties as a single rotor turbo helicopter repairman and a tool room keeper.  He departed Vietnam on or about 26 August 1968.

5.  On 20 June 1969, the applicant was honorably released from active duty in the rank of Specialist Four (SP4)/E-4 after completing 3 years and 6 days of creditable active service.

6.  The applicant's DD Form 214 with the period ending 20 June 1969 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Army Commendation Medal, Aircraft Crewman Badge, and the Expert Marksmanship Qualification Badge (M-16).

7.  Item 41 of the applicant's DA Form 20 shows two entries awarding him the Aircraft Crewman Badge -- "Acft Crmn Badge SO#103Hq2dArmdDiv 13Apr67" and "ACB SO123HQ145thCAB 68."  

8.  Headquarters, 2nd Armored Division Special Orders Number 103, dated 
13 April 1967 orders are unavailable.  However, a copy of Headquarters, 145th Combat Aviation Battalion Special Orders Number 123, dated 13 May 1968, awarding him the Aircraft Crewman Badge (Permanent) is in his personnel records.

9.  There are no orders in the applicant's service personnel records awarding him the Combat Infantryman Badge.

10.  There are no orders in the applicant's records showing award of marksmanship qualification badges for the 50 Caliber Machine Gun, the M-60 Machine Gun, and the M-79 Grenade Launcher.  There is no entry in Item 41 of the applicant's DA Form 20 showing he qualified in any weapon other than the rifle.



11.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  His records do not contain any adverse information and his DA Form 20 shows his conduct and efficiency ratings as "excellent" throughout his period of service.

12.  A DD Form 215, dated 17 June 2005, was issued to the applicant which amended item 24 and 30 of his DD Form 214 with the period ending 20 June 1969 by adding the Vietnam Service Medal with 3 bronze service stars, the Republic of Vietnam Campaign Medal with Device 1960, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and service in Vietnam from 
16 September 1967 to 26 August 1968.

13.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards.  This regulation list awards for the Active Army, the Army National Guard, and the U.S. Army Reserve.  The "Air Combat Badge" is not listed as an Army award. 

14.  Army Regulation 600-8-22 paragraph 8-6 provides for award of the Combat Infantryman Badge.  That paragraph states that there are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

15.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided the 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.

DISCUSSION AND CONCLUSIONS:

1.  The "Air Combat Badge" is not listed in Army Regulation 600-8-22 as an authorized award.

2.  Evidence of record show Headquarters, 2nd Armored Division Special Orders Number 103, dated 13 April 1967 awarded the applicant the Aircraft Crewman Badge.  He may have been erroneously awarded the Aircraft Crewman Badge by Headquarters, 145th Combat Aviation Battalion Special Orders Number 123, dated 13 May 1968.  
3.  The entry "ACB" on the applicant's DA Form 20 also shows this "ACB" was awarded by Headquarters, 145th Combat Aviation Battalion Special Orders Number 123, dated 13 May 1968.  Headquarters, 145th Combat Aviation Battalion Special Orders Number 123, dated 13 May 1968 are available, and show he was awarded the Aircraft Crewman Badge.

4.  Evidence of record shows that the applicant was assigned to a Combat Aviation Battalion and his principal duty while in Vietnam was a single rotor turbo helicopter repairman and a tool room keeper.  The applicant contends that because he was placed in combat situations he should receive the Combat Infantryman Badge.  Military history contains many examples of non-infantry Soldiers temporarily performing basic infantry duties that all Soldiers are taught as part of their basic combat training.  

5.  However, the three criteria for award of the Combat Infantryman Badge is to be assigned to an infantry unit, perform infantry duties, and hold an infantry specialty.  It is acknowledged that the applicant may have participated in enemy attacks; however, the evidence of record shows that while serving in Vietnam his primary specialty was 67N Helicopter Repairman and he was assigned to a Combat Aviation Battalion which makes him ineligible for award of the Combat Infantryman Badge.  The performance of infantry tasks is not solely the basis for the award of the Combat Infantryman Badge.

6.  The Board acknowledges that the applicant may have used the 50 Caliber Machine Gun, the M-60 Machine Gun, and the M-79 Grenade Launcher while serving in Vietnam.  However, there is no evidence of record and the applicant provides none to show he was awarded marksmanship qualification badges for these weapons.

7.  The applicant was separated in the rank of Specialist Four with 3 years and 
6 days of creditable active service with no time lost.  Therefore, it appears the applicant met the eligibility criteria for award of the Army Good Conduct Medal 1st Award for the period 15 June 1966 through 14 June 1969 based on completion of a period of qualifying service.

8.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 20 June 1969; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
19 June 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 

__SVW__  __RTD__  __DWT__  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:

	a.  by awarding the applicant the Army Good Conduct Medal 
1st Award for the period 15 June 1966 through 14 June 1969; and
	
	b.  by amending his DD Form 214 for the period ending 20 June 1969 to add the Army Good Conduct 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 awarding him the "Air Combat Badge," the Combat Infantryman Badge, and marksmanship qualification badges for the 50 Caliber Machine Gun, the M-60 Machine Gun, and the M-79 Grenade Launcher.




____ Sherri V. Ward ____
          CHAIRPERSON










INDEX

CASE ID
AR20060017666
SUFFIX

RECON

DATE BOARDED
21 JUNE 2007
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
PARTIAL GRANT 
REVIEW AUTHORITY
MR. SHATZER
ISSUES         1.
107.0111.0000
2.
107.0110.0000
3.
107.0056.0000
4.

5.

6.