IN THE CASE OF:	  

		BOARD DATE:	  2 October 2008

		DOCKET NUMBER:  AR20080006894 


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, award of the Meritorious Unit Commendation; the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; the Valorous Unit Award; the Good Conduct Medal; the Basic Aircraft Crewmember Badge [now known as the Basic Aviation Badge]; and the Expert Marksmanship Qualification Badge, with Rifle Bars (M-14 and M-16); and their addition to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 

2.  The applicant states, in effect, that he served in Vietnam and was assigned to Company C, 15th Transportation Battalion, 1st Cavalry Division, from 1967 through 1968.  The battalion was awarded the Meritorious Unit Commendation; the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; and the Valorous Unit Award; by Department of the Army General Orders Numbers 28, 59, and 39, dated 1969 and 1970, respectively.  He also states that he believes he is entitled to the Good Conduct Medal based upon his service record.  He further states, in effect, he was awarded the Expert Marksmanship Qualification Badge, with Rifle Bars, for both the M-14 and M-16, in 1967.  

3.  The applicant states that he should also be eligible for the Basic Aviation Badge, as his primary and only military occupational specialty (MOS) 68B, qualifies him for the badge.  While he was in Vietnam from February 1968 to August 1969, one of his primary functions was testing helicopter engines while in flight.  He flew a number of times per week in performing vibration analysis tests. He would also fly as an observer and door gunner on any flights to obtain parts 

and transport people.  Even though he was not officially placed on flight status, he was issued the flight gear to perform such tasks.  Once at Fort Hood, Texas, he was assigned to flight status and performed the same task in testing newly installed and repaired engines.  He believes with the combination of his MOS, flight time, and responsibilities, he is entitled to award of the Basic Aviation Badge.

4.  In support of his application, the applicant provides copies of his DD Form 214; page 20 of Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register); and two Army Board for Correction of Military Records (ABCMR) Record of Proceedings.  

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 enlisted in the Regular Army, in pay grade E-1, on 28 November 1966, for 3 years.  He completed basic combat and advanced individual training and was awarded MOS 68B, Aircraft Engine Repairman.

3.  The applicant’s records also show he qualified with the M-14 rifle and was awarded the Expert Marksmanship Qualification Badge, with Rifle Bar, in March 1967.  He also qualified as an expert with the M-16 rifle in July 1967; however, he was not awarded the badge.

4.  The applicant's records show that he served in the Republic of Vietnam from 4 August 1967 to 3 August 1968, with Company C, 15th Transportation Battalion, 1st Cavalry Division (Airmobile), during four campaigns.  During his service in Vietnam he served as an Aircraft Engine Repairman.



5.  The applicant was honorably released from active duty, in pay grade E-5, on
8 September 1969, and was transferred to the United States Army Reserve (USAR) Control Group (Annual Training).

6.  Entries on the applicant's 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, with four bronze service stars; the Republic of Vietnam Campaign Medal; the Army Commendation Medal; and the Expert Marksmanship Qualification Badge, with Rifle Bar.  

7.  The applicant's record shows that he received ratings of excellent in conduct and efficiency.  There is no evidence the applicant was found disqualified for award of the Good Conduct Medal.

8.  Army Regulation 600-8-22 (Military Awards) provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  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.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

9.  Department of the Army Pamphlet 672-3 shows the applicant’s unit, Company C, 15th Transportation Battalion, was awarded the Meritorious Unit Commendation, for service from 1 June 1967 to 31 May 1968, based on Department of the Army General Orders Number 29, dated 1969; and the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, based on Department of the Army General Orders Number 59, dated 1969.

10.  Department of the Army Pamphlet 672-3 also shows the 15th Transportation Battalion, was awarded the Valorous Unit Award, for service from 1 May to 29 June 1970, based on Department of the Army General Orders Number 43, dated 1972.

11.  The Army Regulation governing military awards at the time in question provided for temporary and permanent award of the Aircraft Crewmember 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 Crewmember Badge.  To be eligible for temporary award of the Aircraft Crewmember 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, 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 Crewmember Badge once they have fulfilled the regulatory requirements for permanent award of the badge.

12.  For permanent award of the Aircraft Crewmember 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 Crewmember 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, or technical inspector is entitled to permanent award of the Aircraft Crewmember Badge.

DISCUSSION AND CONCLUSIONS:

1.  General orders authorized the applicant’s unit award of the Meritorious Unit Commendation; and the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, during his tenure of assignment in Vietnam.  These unit awards are not shown on his DD Form 214.  He is therefore entitled to have his records corrected to show these unit awards.

2.  The evidence also shows the applicant met the criteria for award of the Good Conduct Medal; however, this award is not shown on DD Form 214.  There is no evidence in the records which show the applicant was disqualified for this award. The applicant is therefore entitled to award of the Good Conduct Medal (First Award) for the period 28 November 1966 through 8 September 1969 and to have it added to his DD Form 214.

3.  The evidence further confirms the applicant was found qualified for award of the Expert Marksmanship Qualification Badge, with Rifle Bar (M-16).  He is therefore entitled to award of this badge and to have it added to his DD Form 214.

4.  There is no evidence of record the applicant met the criteria for award of the Basic Aviation Badge as he did not serve in any of the qualifying principal duty assignments.  Therefore, he is not entitled to this award and its addition to his DD Form 214.

5.  The applicant contends that his DD Form 214 should be corrected to show award of the Valorous Unit Award based on his assignment during his service in Vietnam.  However, the evidence shows the applicant served with the 15th Transportation Battalion from 7 August 1967 to 1 August 1968 and the unit was authorized the Valorous Unit Award for its service from 1 May to 29 June 1970.  He is therefore not entitled to award of the Valorous Unit Medal and its addition to his DD Form 214.

6.  The Record of Proceedings submitted by the applicant in support of his application were reviewed; however, the applicant is advised that the Board will decide cases on the evidence or record.  Each case must stand alone and must be decided on the evidence and not on similarities to other cases.  

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

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  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 awarding the applicant the Meritorious Unit Commendation; the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; the Good Conduct Medal, for the period 28 November 1966 to 8 September 1969; and the Expert Marksmanship Qualification Badge, with Rifle Bar (M-16); by adding these awards to the list of awards shown on his DD Form 214; and by providing him a corrected 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 Valorous Unit Award and the Basic Aviation Badge and their addition to his DD Form 214.



      ______________________
               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)                                         AR20080006894



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1


ABCMR Record of Proceedings (cont)                                         AR20080006894


6


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1