RECORD OF PROCEEDINGS


	IN THE CASE OF:	


	BOARD DATE:	  13 September 2007
	DOCKET NUMBER:  AR20070003922 


	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



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 award of the Air Crewman Badge (sic) and an updated DD Form 215 (Correction to DD Form 214).

2.  The applicant states he was actively involved in at least 72 air assaults.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and a copy of General Orders Number 723, Headquarters, 4th Infantry Division, dated 22 February 1968, which awarded him the Purple Heart with First Oak Leaf Cluster.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  On 8 September 1966, the applicant was inducted into the Army of the United States for a period of 2 years.  He completed both Basic Combat Training (BCT) and Advanced Individual Training (AIT).  Upon graduation from AIT, he was awarded military occupational specialty (MOS) 11H2O, Infantry Indirect Fire Crewman.

3.  He was assigned to Vietnam from 20 February 1967 to 11 February 1968.  His unit of assignment in Vietnam was Company C, 1st Battalion, 35th Infantry, 4th Infantry Division.

4.  On 6 September 1968, the applicant was honorably released from active duty and assigned to the U.S. Army Reserve Control Group (Annual Training).  His DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnamese Campaign Medal (sic), One Overseas Service Bar, the Combat Infantryman Badge, the Purple Heart with 1st Oak Leaf 
Cluster, the Expert Marksmanship Qualification Badge with 106 MM Recoilless Rifle Bar, the Expert Marksmanship Qualification Badge with .45 Caliber Pistol Bar, and the Sharpshooter Marksmanship Qualification Badge with M-14 Rifle Bar.  He was subsequently honorably discharged from the U.S. Army Reserve Control Group (Standby) on 7 September 1972.

5.  The applicant's records reveal that he was given excellent conduct and efficiency ratings throughout his period of induction.

6.  The applicant's records reveal that he was wounded in action on 8 April 1967. His records contain two separate orders awarding him the Purple Heart for this same injury.  General Orders Number 70, dated 11 April 1970, published by Headquarters, 67th Evacuation Hospital awarded him the Purple Heart for action on 8 April 1967 and General Orders Number 1811, dated 7 July 1967, published by 4th Infantry Division awarded him the Purple Heart for action on 8 April 1967.

7.  The applicant's records reveal that he was again wounded in action on 12 January 1968.  General Orders Number 723, dated 22 February 1968, published by 4th Infantry Division awarded him the Purple Heart with First Oak Leaf Cluster for action on 12 January 1968.  His DD Form 214, however, only shows his first wound in Item 30 (Remarks).

8.  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 non-crewmember 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.

9.  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 (GCMDL), 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.

10.  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, Phase II, which extended from 1 July 1966 through 31 May 1967; Vietnam Counteroffensive, Phase III, which extended from 1 June 1967 through 29 January 1968; and
Tet Counteroffensive, which extended from 30 January through 1 April 1968.

11.  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 unit to which the applicant was assigned was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period January 1966 to 1 August 1967 by Department of the Army General Orders 48, dated 1971; the Republic of Vietnam Civil Actions Honor Medal, First 

Class for the period 1 August 1967 to 31 October 1969 by Department of the Army General Orders 53, dated 1970; and the Valorous Unit Award for the period 22 April to 20 August 1967 by Department of the Army General Orders 43, dated 1972.

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's records show he was wounded on two separate occasions.  However, his DD Form 214 only shows one wound in Item 30 (Remarks).  He is entitled to a correction of his DD Form 214 to show his second wound in Item 30.

2.  The applicant requests award of the Air Crewman Badge; it is assumed that he actually requests the Aircraft Crewman Badge.  Contrary to the applicant's statement that he was actively involved in at least 72 air assaults, there is no evidence in his records to support this claim.  There are no orders or other documentation to show he participated in any air assaults.  Additionally, the applicant has not supplied any supporting documentation.  Therefore, there is insufficient evidence to show entitlement to award of the Aircraft Crewman Badge.

3.  The applicant served honorably and faithfully throughout his period of service. During this period, the applicant was awarded the Purple Heart on two separate occasions.  He entered active duty in the rank of Private (PVT/E-1) and was released from active duty in the rank of Specialist Five (SP5/E-5).  He achieved that rank in a period of 1 year, 11 months, and 29 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 8 September 1966 through 6 September 1968.

4.  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.

5.  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.

6.  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.

7.  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.

8.  The applicant's DD Form 214 shows the award of One Overseas Service Bar. However, he meets the criteria for the award of Two Overseas Service Bars.  Therefore, he is entitled a correction of his DD Form 214 to show this second award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__xxx___  _xxx__  __xxx___  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.  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 and One Overseas Bar from his DD Form 214 ending on 6 September 1968;

	b.  adding the Good Conduct Medal for the period 8 September 1966 through 6 September 1968, the Vietnam Service Medal with 3 bronze service stars, 2 Overseas Service Bars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Valorous Unit Award; and

	c.  adding Unknown wound - 12 Jan 68 – RVN in Item 30 (Remarks).

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 award of the Aircraft Crewman Badge.



						
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20070003922
SUFFIX

RECON

DATE BOARDED
20070913
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(GRANT)
REVIEW AUTHORITY

ISSUES         1.
107.0118
2.
107.0095
3.
107.0094
4.
107.0033
5.
100.0000
6.