DOCKET NUMBER:  AR20090002103 


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 DD Form 214 (Armed Forces Report of Transfer or Discharge) be corrected by adding the Aircraft Crewmember Badge (ACMB) and Air Medal (AM) to item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized). 

2.  The applicant states, in effect, that the ACMB and AM were erroneously omitted from his DD Form 214.

3.  The applicant provides a copy of an AM citation and orders and his DD Form 214 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 record shows he was inducted into the Army of the United States and entered active duty on 13 March 1968.  He was trained in, awarded, and served in military occupational specialty (MOS) 67N (UH-1 Helicopter Repairer), and the highest rank he attained while serving on active duty was specialist four (SP4).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows, in
Item 27 (Military Education), that he completed the Aircraft Maintenance Crewman Course in 1968.  Item 31 (Foreign Service) shows he served in the Republic of Vietnam (RVN) from 26 August 1968 to 14 October 1969.

4.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows that during his RVN tour he was assigned to the 303rd Transportation Company performing duties in MOS 67N as a helicopter repairer and crew chief.  Item 41 (Awards and Decorations) shows that during his active duty tenure he earned the National Defense Service Medal (NDSM), Vietnam Service Medal (VSM) and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Item 38 also show the applicant received all “Excellent” conduct and efficiency ratings during his period of active duty. 

5.  The applicant's Official Military Personnel File (OMPF) contains a DA Form 2627-1 (Record of Proceedings Under Article 15) that shows he accepted 
non-judicial punishment for possessing, as a minor, alcohol on 5 July 1968.  However, the OMPF is void of any other derogatory information or a unit commander disqualification that would have precluded the applicant from receiving the Army Good Conduct Medal (AGCM).

6.  The applicant’s OMPF contains Headquarters, United States Army Vietnam (USARV) Special Orders Number 241, dated 29 August 1969.  These orders placed the applicant in a crewmember status, effective 15 June 1969.  The OMPF also contains a DD Form 122 (Certificate for Performance of Hazardous Duty), dated 21 September 1969, which authorized the applicant flight pay during the period from 15 June to 30 September 1969.

7.  On 15 October 1969, the applicant was honorably released from active duty after completing a total of 1 year, 11 months, and 3 days of active military service.  Item 24 of the applicant’s DD Form 214 shows he earned the following awards:  NDSM, VSM, RVN Campaign Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.


8.  The applicant provides a copy of Headquarters, 1st Aviation Brigade General Orders Number 4711, dated 22 September 1969, which awarded him the AM for meritorious achievement while participating in aerial flight during the period 
18 June to 8 July 1969.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-13 contains guidance on award of the VSM and states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.  

10.  Table B-1 of the awards regulation contains a list of campaigns and shows that during the applicant’s tenure of assignment in the RVN, participation credit was granted for the Vietnam Counteroffensive Phase V, Vietnam Counteroffensive Phase VI, TET 69 Counteroffensive, and Vietnam Summer-Fall 1969 campaigns.

11.  Chapter 4 of the awards regulation prescribes the policy for award of the AGCM.  It states, in pertinent part, that the AGCM 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, in which case a period of more than 1 year is a qualifying period.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.  

12.  Paragraph 8-24 of the awards regulation contains guidance on award of the ACMB (now known as the Aviation Badge).  It states, in pertinent part, that it may be permanently awarded to Soldiers upon successful completion of formal advanced individual training in career management field 67 MOSs.  

13.  USARV Regulation 672-1 (Decorations and Awards) provided specific awards policy for the RVN, which included guidelines for the AM.  It established that passenger personnel who did not participate in an air assault were not eligible for the award based upon sustained operations.  It defined terms and provided guidelines for the award based upon the number and types of missions or hours.  Twenty-five Category I missions (air assault and equally dangerous missions) and accrual of a minimum of 25 hours of flight time while engaged in Category I missions was the standard established for which sustained operations were deemed worthy of recognition by an award of the Air Medal.


14.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during his tenure of assignment in the RVN the applicant's unit (303rd Transportation Company) earned the Meritorious Unit Commendation (MUC) and RVN Gallantry Cross with Palm Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to add the AM and ACMB was carefully considered and found to have merit.  The applicant provides AM orders and a citation that confirm he was awarded the AM while serving the RVN and his record confirms he successfully completed training in MOS 67N and he was on flight status while serving in the RVN.  As a result, it would be appropriate to add both the AM and ACMB (now known as the Aviation Badge) to his record and DD Form 214 at this time.  

2.  The applicant’s record also confirms that he received "Excellent" conduct and 
efficiency ratings during all of his active duty assignments.  The applicant’s record shows that he accepted NJP for a minor offense.  However, his record is void of any additional derogatory information or a unit commander disqualification that would have precluded him from receiving the AGCM.  Therefore, it would also be appropriate to award him the first award of the AGCM for his qualifying period of honorable active duty service from 13 March 1968 through 15 October 1969. 

3.  The evidence of record also confirms that based on his RVN service and campaign participation, he is eligible for award of the MUC, RVN Gallantry Cross with Palm Unit Citation, and 4 bronze service stars to be worn with his VSM.  As a result, it would also be appropriate to add these awards to his DD Form 214 at this time.

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 him the first award of the Army Good Conduct Medal for his qualifying period of honorable active duty service from 13 March 1968 through 
15 October 1969;

	b.  amending item 24 of his DD Form 214 by adding the Army Good Conduct Medal, Air Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, 
4 bronze service stars to be worn with the Vietnam Service Medal, Meritorious Unit Commendation, and the Aviation Badge; and

	c.  issuing him a correction to his DD Form 214 that includes these changes.




      _______ _   _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)                                         AR20090002103



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ABCMR Record of Proceedings (cont)                                         AR20090002103



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