IN THE CASE OF:	  

		BOARD DATE: 	        28 May 2009

		DOCKET NUMBER:  AR20090000483 


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 of his DD Form 214 (Report of Transfer or Discharge) to show award of the Aircraft Crewman Badge, the Marksman Marksmanship Qualification Badge with M-60 Machinegun Bar, the Marksman Marksmanship Qualification Badge with M-79 Grenade Launcher Bar, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  The applicant states, in effect, that he carried the M-60 machinegun and the M-79 grenade launcher as a door gunner in Vietnam.  He also contends that throughout his two year tour in Vietnam he flew as a gunner, worked on helicopters, or pulled guard although he was not military occupational specialty (MOS) qualified or rifle range qualified.  

3.  The applicant provides a copy of his DD Form 214, a citation and orders for the Air Medal for the period 8 February 1970 to 23 April 1970, and an excerpt pertaining to award authorizations and acknowledgments 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 enlisted in the Regular Army on 31 July 1969 for a period of 
3 years.  He completed advanced individual training (AIT) in MOS 76P (stock control and accounting specialist) and  was later awarded MOS 76T (aircraft repair parts specialist).  He served in MOS 76T assigned to Headquarters and Headquarters Company (HHC), 35th Engineer Group in Vietnam from 
28 January 1970 through 24 September 1971.  He served in MOS 76P assigned to the 538th Engineer Company in Vietnam from 25 September 1971 through 
13 December 1971.  He served in MOS 76T assigned to HHC, 159th Engineer Group in Vietnam from 14 December 1971 through 15 January 1972.  On 
18 February 1972, he was released from active duty. 

3.  The applicant's DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal with four bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960), the Air Medal, the Purple Heart, and the Marksman Marksmanship Qualification Badge with Rifle Bar as authorized awards.  

4.  There are no orders for the Aircraft Crew Member Badge in the applicant’s service personnel records.  

5.  There is no evidence of record which shows the applicant performed the duties of a door gunner during his assignment in Vietnam. 

6.  There are no orders for the Marksman Marksmanship Qualification Badge with M-60 Machinegun Bar or the Marksman Marksmanship Qualification Badge with M-79 Grenade Launcher Bar in the available records.

7.  Headquarters, 18th Engineer Brigade General Orders Number 1177, dated 
18 December 1970, show the applicant received the Army Commendation Medal.

8.  Department of the Army General Orders Number 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 
28 March 1973.
9.  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 the applicant's unit (35th Engineer Group, HHC) at the time of his assignment was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 6, dated 1974.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Aircraft Crew Member Badge may be permanently awarded for successful completion of formal AIT in career management field 67 MOSs.

11.  The Army Regulation governing military awards at the time in question 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.  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.  
  
12.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders for the Aircraft Crew Member Badge in the applicant’s service personnel records.  There is no evidence of record which shows he was school-trained in career management field 67 or that he performed 12 months as a door gunner or crew chief as required by the governing regulation.  Therefore, there is insufficient evidence on which to base award of this badge.   

2.  There is no evidence of record which shows the applicant received the Marksman Marksmanship Qualification Badge with M-60 Machinegun Bar or the Marksman Marksmanship Qualification Badge with M-79 Grenade Launcher Bar.  Therefore, there is insufficient evidence on which to award this marksmanship badges.

3.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam.  The applicant served in Vietnam during a qualifying period and is eligible for this award.  Therefore, it would be appropriate to add this foreign unit award to his DD Form 214.

4.  Orders show the applicant received the Army Commendation Medal.

5.  The applicant's unit (35TH Engineer Group, HHC) was cited for the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.  Therefore, his DD Form 214 should be corrected to show this unit award.

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 adding the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Army Commendation Medal, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his DD Form 214.

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 Crewman Badge, the Marksman Marksmanship Qualification Badge with M-60 
Machinegun Bar, and the Marksman Marksmanship Qualification Badge with M-79 Grenade Launcher Bar.   




      _______ _  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)                                         AR20090000483





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ABCMR Record of Proceedings (cont)                                         AR20090000483



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