IN THE CASE OF:	  

		BOARD DATE:	       13 November 2008

		DOCKET NUMBER:  AR20080008468 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Distinguished Flying Cross, the Air Medal (1st Oak Leaf Cluster) and "V" Device, the Army Aviator Badge [sic] (Aircraft Crewmember Badge), and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  The applicant states that he was wounded in combat and was transferred to different hospitals and was subsequently discharged.  The awards were omitted due to an administrative oversight. 

3.  The applicant provides the following additional documentary evidence in support of his request:

	a.  DD Form 214, dated 17 September 1969.

	b.  Headquarters, 1st Aviation Brigade, General Orders Number 5852, dated 12 November 1969, awarding him the Distinguished Flying Cross.

	c. Headquarters, 1st Aviation Brigade, General Orders Number 3764, dated 4 August 1969, awarding him the Air Medal for Heroism.

	d.  DA Form 20 (Enlisted Qualification Record).

	e.  Internet article, dated 28 April 2008, about the 1st Aviation Brigade Patches History. 
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 records show that he enlisted in the Regular Army for a period of 3 years on 13 December 1966.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 62F (Crane Operator).  He was honorably separated and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 17 September 1969.  The highest rank he attained during his military service was specialist four (SP4)/E-4.

3.  The applicant’s records show he served in Vietnam from 21 December 1967 to 28 August 1969.  He was assigned to the 240th Aviation Company (Assault Helicopter), 1st Aviation Brigade as a helicopter mechanic from 21 October 1968 to 28 February 1969 and as a door-gunner from 1 March 1969 until 10 July 1969. He was wounded in Vietnam on 10 July 1969 and was medically evacuated for treatment.

4.  Item 24 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal with four bronze service stars, the Vietnam Campaign Medal with 1960 Device, the Meritorious Unit Commendation, the Purple Heart, the Air Medal, three Overseas Service Bars, and the Expert Marksmanship Qualification Badge with Rifle Bar.  Item 24 does not show award of the Distinguished Flying Cross, the Air Medal (1st Oak Leaf Cluster) and "V" Device, the Aircraft Crewmember Badge, and/or the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

5.  Headquarters, 1st Aviation Brigade, General Orders Number 5852, dated 12 November 1969, show the applicant was awarded the Distinguished Flying Cross for heroism while participating in aerial flight on 10 July 1969 in Vietnam.

6.  Headquarters, 1st Aviation Brigade, General Orders Number 3764, dated 4 August 1969, show the applicant was awarded the Air Medal (1st Oak Leaf Cluster) with "V" Device for heroism while engaged in aerial flight in connection with military operations against a hostile force on 12 May 1969 in Vietnam.

7.  Department of the Army General Orders Number 51, dated 10 November 1971, show that the 240th Aviation Company was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, from 25 May 1967 to 17 May 1968.

8.  The applicant's records do not contain orders awarding him the Aircraft Crewmember Badge.

9.  Army Regulation 672-5-1 (Military Awards) governing military awards 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, 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.  

10.  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, or technical inspector is entitled to permanent award of the Aircraft Crew Member Badge.


11.  Review of the applicant's records indicates his entitlement to additional awards that are not shown on his DD Form 214.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 240th Aviation Company was awarded the Valorous Unit Award on 18 October 1968, based on Department of the Army General Orders Number 37, dated 1970, and the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation, from 19 December 1966 to 28 June 1969, based on Department of the Army General Orders Number 59, dated 1969.

13.  A review of the applicant's service record shows no derogatory information that would disqualify him for the first award of the Good Conduct Medal.  Furthermore, Item 38 (Record of Assignments) of the applicant's DA Form 20 shows he received an "Excellent" efficiency and conduct rating during his military service.

14.  Army Regulation 672-5-1 provides that the Good Conduct Medal is awarded to individuals who have completed a qualified 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.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.

DISCUSSION AND CONCLUSIONS:

1.  General Orders awarded the applicant the Distinguished Flying Cross for heroism while participating in aerial flight and the Air Medal (1st Oak Leaf Cluster) with "V" Device for heroism while engaged in aerial flight in connection with military operations against a hostile force, in the Republic of Vietnam, which are not shown on his records.  Therefore, he is entitled to correction of his records to show these awards.

2.  General Orders awarded the applicant’s unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Valorous Unit Award, and the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation which are not shown on his records.  Therefore, he is entitled to correction of his records to show these awards.

3.  The evidence of record shows that the applicant performed duties as a door-gunner from 1 March 1969 to 10 July 1969, during his service in Vietnam.  He was precluded from further flight duty by incapacitation due to wounds sustained as a result of hostile action.  Therefore, he met the criteria for award of the Aircraft Crewmember Badge and is entitled to correction of his records to show this award.

4.  The evidence of record confirms that the applicant served honorably during the period 13 December 1966 through 17 September 1969.  He received "Excellent" efficiency/conduct ratings, completed over 20 months of service in Vietnam, and was awarded the Purple Heart.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Good Conduct Medal based on completion of qualifying service ending with the termination of his Federal military service.  Therefore, he is entitled to correction of his records to show this award.

BOARD VOTE:

___X____  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding the applicant the Aircraft Crewmember Badge for performing duties as a gunner from 1 March 1969 to 10 July 1969 during his service in Vietnam;  

	b.  awarding the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 13 December 1966 tthrough 17 September 1969; 

	c.  deleting the entry "Air Medal" from Item 24 of the applicant's DD Form 214; and

	d.  showing award of the Distinguished Flying Cross, the Air Medal (1st Oak Leaf Cluster) and "V" Device, the Aircraft Crewmember Badge, the Good Conduct Medal (1st Award), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Valorous Unit Award, and the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation in item 24 of his DD Form 214.



															XXX
      _______ _   _______   ___
               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)                                         AR20080008468





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080008468



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1