IN THE CASE OF:	  

		BOARD DATE:	       10 February 2009

		DOCKET NUMBER:  AR20080017801 


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, that his 28 April 1971 DD Form 214 (Report of Transfer or Discharge) be corrected by awarding him the Aviation Crew Wings (the Aircraft Crew Member Badge).

2.  The applicant states he was a door gunner assigned to Company C, 228th Aviation Battalion, 1st Calvary Division.  He was not school trained but was trained on the job.  In effect, regulations allowed for award of the Aircraft Crew Member Badge if a Soldier completed 15 combat missions. 

3.  The applicant provides a copy of his 28 April 1971 DD Form 214. 

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 entered active duty on 19 July 1968.  He was initially trained in and awarded the military occupational specialty (MOS) of 11B (Light Weapons Infantryman) on 29 November 1968.  

3.  He completed basic airborne training on 18 December 1968 and awarded the Special Qualification Indicator of "P" to denote parachutist qualified.

4.  On 28 February 1969 the applicant was advanced to specialist four (SP4)/E-4.

5.  He completed additional training and was awarded the secondary MOS of 43E2P (Parachute Packer/Maintenance Air Drop Specialist) on 14 May 1969.

6.  All documentation dated after 26 February 1971 lists the applicant in MOS 67A1F (Door Gunner).

7.  The applicant's DA Form 20 (Enlisted Qualification Record) provides the following pertinent information:

	a.  he was awarded MOS 67A1F as a primary MOS.  The date of this MOS is not recorded on the form;

	b.  he was assigned duty in Vietnam and served as follows:

		(1)  in the duty MOS of 43E2P, Parachute Packer Assistant, with Headquarters and Headquarters Company, 266th Supply and Service Battalion from 5 December 1969 through 10 December 1969;

		(2)  in the duty MOS of 43E2P, Air Drop Support Specialist, with the 383rd Quartermaster Detachment from 11 December 1969 through 22 January 1971;

		(3)  in the duty MOS of 43E2P, Rigger, with the 228th Aviation Battalion, 1st Cavalry Division from 30 January 1971 through 25 February 1971; and 

		(4)  in the duty MOS of 67A1F, Door Gunner, with Company C, 228th Aviation Battalion, 1st Cavalry Division from 26 February 1971 through 22 April 1971;

	c.  his conduct and efficiency ratings are listed exclusively as excellent; 

	d.  his authorized awards are the Army Commendation Medal, the Air Medal, the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Parachutist Badge, the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60), the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16); and 

	e.  service in Vietnam during two campaign periods:  Unnamed Campaign (DA Message 021346Z Jan 70) and Unnamed Campaign Commencing
1 November 1969 (DA Message 282101Z Aug 70).  

8.  The applicant was honorably released from active duty on 28 April 1971 and transferred to the United States Army Reserve (USAR) Control Group Reinforcement) to complete his remaining Reserve obligation.

9.  The applicant's 28 April 1971 DD Form 214 lists his awards as the Army Commendation Medal, Air Medal, National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Parachutist Badge, Expert Marksmanship Qualification Badge with Rifle Bar
(M-14), and the Marksman Marksmanship Qualification Badge with Rifle Bar   (M-14).

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 while the applicant was assigned to:

	a.  Headquarters and Headquarters Company, 266th Supply and Service Battalion it was cited for award the Meritorious Unit Commendation;

	b.  the 383rd Quartermaster Detachment it was cited for award the Meritorious Unit Commendation; and

	c.  the 228th Aviation Battalion, 1st Cavalry Division it was cited for award the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

11.  Army Regulation 611-201 (Enlisted Career Management and MOS’s) shows that the Special Qualification Indicator "F," which is shown as a suffix to the MOS number, indicates "Flying Status" and applies to individuals whose duties require frequent repetitive aerial flights. 

12.  Army Regulation 672-5-1 Military Awards), in effect at the time, provided: 

	a.  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.  For permanent award the regulation 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; and 

	b.  the Good Conduct Medal was awarded to individuals who had 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. 

13.  Army Regulation 600-8-22 (Military Awards), provides in pertinent part, that a bronze service star, based on qualifying service, for each designated campaign period listed in Appendix B of the regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam, Appendix B indicates he served during the following three campaign periods:  Vietnam Winter-Spring 1970 (1 November 1969 – 30 April 1970), Sanctuary Counteroffensive (1 May 1970 – 30 June 1970), and Vietnam Counteroffensive Phase VII (1 July 1970 – 30 June 1971).

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he was a door gunner assigned to Company C, 228th Aviation Battalion, 1st Calvary Division.  He was not school trained but was trained on the job.

2.  The record shows that the applicant was officially awarded the MOS of 67A1F.  Combining the applicant's award of an Air Medal with the award of the SQI "F" (indicating flight status), and his duty assignment as a door gunner, the applicant is shown to meet the requirements for award of the Aircraft Crew Member Badge (now known as the Basic Aviation Badge).  It is appropriate to award him this badge and correct his DD Form 214 to show this award.



3.  The applicant distinguished himself by his conduct, efficiency, and fidelity as evidenced by his combat service, his conduct and efficiency ratings, his personal decorations, and his promotion to SP4.  The record contains no indication of any disqualifying incidents or recommendations.  It is appropriate to award the applicant the Good Conduct Medal for his period of service from 19 July 1968 through 28 April 1971.

4.  The applicant served in Vietnam during three campaign periods and is authorized to wear three bronze service stars on his Vietnam Service Medal.

5.  In addition to the awards listed on the 28 April 1971 DD Form 214, the applicant is also authorized award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and two Meritorious Unit Commendations.

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.  deleting from the applicant's 28 April 1971 DD Form 214 the Vietnam Service Medal;

	b.  awarding the applicant the Good Conduct Medal for the period 19 July 1968 through 28 April 1971;

	c.  awarding the applicant the Basic Aviation Badge effective 26 February 1971; and



	d.  adding to the applicant's 28 April 1971 DD Form 214 the Good Conduct Medal, Basic Aviation Badge, Vietnam Service Medal with three bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Meritorious Unit Commendation (2 awards).



      __________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)                                         AR20080017801



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ABCMR Record of Proceedings (cont)                                         AR20080017801



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