IN THE CASE OF:	 

		BOARD DATE:	  

		DOCKET NUMBER:  AR20080006208 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, correction to DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the already-awarded Army Commendation Medal.  He also request, in effect, award of the Aircraft Crew Member Badge and its addition to his DD Form 214. 

2.  The applicant states, in effect, that he was awarded the Army Commendation Medal and it should be shown on his DD Form 214.  He also states, in effect, that others after him received the Aircraft Crew Member Badge.  He flew every mission he was asked to fly.  The company commander did little for enlisted men under his command. 

3.  The applicant provides no additional documentation in support of his application.

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's military records show he was inducted into the Army of the United States, in pay grade E-1, effective 14 May 1969.  He completed basic and advanced training in military occupational specialty (MOS) 52B, Power Generator Operator.  

3.  Item 30 (Remarks), of the applicant's DD Form 214, shows he served in Vietnam from 1 June 1970 to 10 April 1971 with the 116th Aviation Company (Assault Helicopter), for two campaigns.  He was promoted to pay grade E-4 on 19 March 1970.

4.  Item 38 (Record of Assignments), of the applicant's DA Form 20, Enlisted Qualification Record, shows that he served in duty MOS 67A, Aircraft Maintenance Apprentice, as a door gunner, in the Republic of Vietnam, from 5 July 1970 to 6 April 1971.

5.  The applicant's records contain Headquarters, 1st Aviation Brigade General Orders Number 12097, dated 8 December 1970, which awarded him the Air Medal, for meritorious achievement while participating in aerial flight, in the Republic of Vietnam, from 10 June 1970 to 25 June 1970.  This award is already shown on his DD Form 214.

6.  There is no evidence the applicant underwent and passed a Class III physical examination to hold the principal duty assignment of door gunner.

7.  There is no evidence the individual performed in the duty position of "gunner" for not less than 12 months and there is no evidence the applicant participated in at least 15 combat missions under probable exposure to enemy fire.

8.  The applicant's records also contain Headquarters, 23rd Infantry Division General Orders Number 4405, dated 19 April 1971, which awarded the Army Commendation Medal to the applicant for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam from 7 May 1970 to 11 April 1971. This award is not shown on his DD Form 214.

9.  The applicant was honorably released from active duty as an overseas returnee, in pay grade E-4, on 13 April 1971, and was transferred to the United States Army Reserve Control Group (Annual Training).

10.  Entries on his DD Form 214, Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) list the following awards:  the National Defense Service Medal; the Vietnam Service Medal; the Republic of Vietnam Campaign Medal, with Device (1960); the Air Medal; and the Expert Marksmanship Qualification Badge, with Rifle Bar (M-16).

11.  Army Regulation 672-5-1, in effect at the time, provided for temporary and permanent award of the Aircraft Crew Member Badge.  The regulation authorized the commander of any unit with Army aircraft assigned to publish orders allowing qualified members of that command to wear the Aircraft Crew Member Badge.  To be eligible for temporary award of the Aircraft Crew Member Badge an individual had to be on flying status as a crew chief in the case of crew chiefs, electronic sensor system operators, and flight engineers or as a non-crewmember in the case of observers, medical aidmen, gunners, aircraft maintenance supervisors, or technical inspectors.  The regulation also required individuals to be qualified based on a Class III physical examination, and to hold a principal duty assignment as a crew chief, flight engineer, aircraft maintenance supervisor, observer, gunner (emphasis added), or technical inspector.  These personnel are authorized to wear the badge temporarily until relieved from these duties or they may be authorized permanent wear of the Aircraft Crew Member Badge once they have fulfilled the regulatory requirements for permanent award of the badge. 

12.  For permanent award of the Aircraft Crew Member Badge, an individual must have performed in one of the duties specified above for not less than 12 months (not necessarily consecutive) or must have been school trained for a principal duty specified above.  Personnel who are precluded by incapacitation from further flight duty due to wounds sustained as a result of hostile action or injuries resulting from an aircraft accident for which they are not personally responsible are entitled to permanent wear of the Aircraft Crew Member Badge.  Further, an individual who has participated in at least 15 combat missions under probable exposure to enemy fire while serving in the principal duty of crew chief, flight engineer, aircraft maintenance supervisor, observer, gunner (emphasis added), or technical inspector is entitled to permanent award of the Aircraft Crew Member Badge.

13.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment with the 116th Aviation Company, it was cited for award of the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, by Headquarters, Department of the Army General Order Number 42, dated 1972. 

14.  Army Regulation 600-8-22 also authorizes 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 campaign or service medal including the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant was awarded the Army Commendation Medal, for meritorious service in connection with military operations against a hostile force, in the Republic of Vietnam, from 7 May 1970 to 11 April 1971.  This award is not shown on his DD Form 214; therefore, it would be appropriate to add this award to his DD Form 214.

2.  The evidence also confirms that the applicant is entitled to award of the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; and two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.  These awards are not shown on the applicant's DD Form 214.

3.  The applicant served as a door gunner, with the 116th Aviation Company, during his period of service in Vietnam, and was awarded the Air Medal for meritorious achievement while participating in aerial flight from 10 June 1970 to 25 June 1970.  His records do not show he performed those duties for 12 months or more or that he participated in at least 15 combat missions under probable exposure to enemy fire while serving in the principal duty of gunner to be entitled to permanent award of the Aircraft Crew Member Badge.  Therefore, he is not entitled to this award and its addition to his DD Form 214.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x____  ___x____  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.  showing award of the Army Commendation Medal; the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; and two bronze service stars to be affixed to his already-awarded Vietnam Service Medal;

	b.  adding these awards to the list of awards shown on his DD Form 214, dated 26 February 1971; and

	c.  providing him a correction to his separation document that includes these awards.

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 and its addition to his DD Form 214.



      __________x_____________
      		CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080006208



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ABCMR Record of Proceedings (cont)                                         AR20080006208


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