RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  10 January 2008
	DOCKET NUMBER:  AR20070011172 


	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

Mrs. Nancy L. Amos

Analyst

The following members, a quorum, were present:


Mr. William D. Powers

Chairperson

Mr. Jerome L. Pionk

Member

Mr. Donald W. Steenfott

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 Medal plus Oak Leaf Clusters.

2.  The applicant states that he was assigned as “crewchief” on a CH-47 helicopter.  He flew assault and assault support missions.  He earned enough points to receive an Air Medal plus Oak Leaf Clusters.  He was told that he was to receive it, but he has never received it.  Their company clerk said he was put in for the Air Medal, and his peers received theirs.

3.  The applicant provides no additional evidence.

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.  The applicant was inducted into the Army on 16 March 1966.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 67U (Multi-Engine Tandem-Rotor Helicopter Mechanic).

3.  The applicant arrived in Vietnam and was assigned to the 180th Aviation Company, 10th Aviation Battalion on 26 November 1966.  He was reassigned to the 403d Transportation Detachment, 10th Aviation Battalion on 21 February 1967.  He was assigned back to the 180th Aviation Company, 10th Aviation Battalion on 22 April 1967.  He departed Vietnam on 10 November 1967 after being credited with participation in two campaigns.

4.  The applicant’s flight records are not available.

5.  The applicant was honorably released from active duty, in the rank and grade of Specialist Five, E-5, on 15 March 1968 after completing 2 years of creditable active service with no lost time.  His DD Form 214 shows he was awarded the 

National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, two overseas bars, the Aircraft Crewman Badge, and the Expert Marksmanship Qualification Badge (M-14).

6.  The applicant’s records contain no derogatory information.  His DA Form      20 (Enlisted Qualification Record) shows his conduct and efficiency were rated as “excellent” throughout his service.

7.  Army Regulation 600-8-2 provides for the award of the Air Medal to any person who will have distinguished himself while participating in aerial flight.  It is primarily intended to recognize those personnel who are on current crewmember or noncrewmember flying status which requires them to participate in aerial flight on a regular and frequent basis in the performance of their primary duties.  Involvement in such activities serves only to establish eligibility for award of the Air Medal; the degree of heroism, meritorious achievement, or exemplary service determines who should receive the award.

8.  Army Regulation 600-8-22 authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation.  Authorized bronze service stars will be worn on the appropriate campaign or service medal, including the Vietnam Service Medal.  

9.  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.

10.  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 that, at the time of the applicant's assignment to the 180th Aviation Company, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March 1966 through       26 March 1967 by Department of the Army General Orders Number 22 dated 1968.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s flight records are not available, and he provides no evidence to show he was recommended for one or more awards of the Air Medal.  There is insufficient evidence to show he met the eligibility criteria for award of the Air Medal.  

2.  The applicant was honorably released from active duty, in the rank and grade of Specialist Five, E-5, after completing 2 years of creditable active service with no lost time.  His records contain no derogatory information, and his DA Form      20 shows his conduct and efficiency were rated as “excellent” throughout his service.  It appears he met the eligibility criteria for award of the Army Good Conduct Medal.

3.  The applicant was credited with participation in two campaigns.  Therefore, he is eligible to wear two bronze service stars on his Vietnam Service Medal and his DD Form 214 should be amended to reflect this fact.

4.  The applicant was assigned to a unit during a period of time that unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  His DD Form 214 should be amended to add this unit award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__wdp___  __jlp___  __dws___  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.  awarding him the first award of the Army Good Conduct Medal for the period 16 March 1966 through 15 March 1968; and

     b.  amending his DD Form 214 to add the Army Good Conduct Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation and to show he is eligible to wear two bronze service stars on his already-awarded 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 Air Medal.  




__William D. Powers___
          CHAIRPERSON




INDEX

CASE ID
AR20070011172
SUFFIX

RECON

DATE BOARDED
20080110
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY
Ms. Mitrano
ISSUES         1.
107.0018
2.

3.

4.

5.

6.