IN THE CASE OF:	  

		BOARD DATE:	  10 September 2009

		DOCKET NUMBER:  AR20090003934 


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 that his records be corrected to reflect that he was awarded the Presidential Unit Citation (PUC), the Republic of Vietnam Gallantry Gross with Palm (RVNGC w/Palm) Unit Citation and the Aircraft Crewmember "Wings" (i.e., the Aircraft Crewmember Badge).

2.  The applicant states that he served with Company A, 15th Transportation Battalion, 1st Cavalry Division in Vietnam and his unit was awarded the PUC and the RVNGC w/Palm Unit Citation.  However, he had already been separated and his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) had already been issued before the awards were given.  He also states that he was awarded the Aircraft Crew Member "Wings" just before the 11th Air Assault Division turned into the 1st Cavalry Division.  However, he has been unable to find documentation for those wings and has never seen the same type of wings again.

3.  The applicant provides a one-page letter explaining his application, descriptions of the PUC and RVNGC w/Palm Unit Citation, a copy of his DD Form 214, a copy of orders assigning him to the 170th Aircraft Maintenance Battalion and a picture of aviation wings crossed with a bolt of lightning and a rifle.

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 was inducted in Richmond, Virginia on 9 April 1964.  He completed his basic training at Fort Jackson, South Carolina and his advanced individual training (AIT) at Fort Eustis, Virginia before being initially assigned to Company A, 170th Aircraft Maintenance Battalion at Fort Benning, Georgia for duty as an aircraft hydraulics repairman.  On 1 July 1965, he was assigned to Company A, 15th Transportation Battalion.  He was advanced to the pay grade of E-3 on 20 November 1964.

3.  On 17 August 1965, the applicant was transferred to Vietnam with his unit.  He was advanced to the pay grade of E-4 on 23 October 1965.  He departed Vietnam on 4 April 1966 and was transferred to Oakland Army Base, California where he was honorably released from active duty (REFRAD) on 5 April 1966 as an overseas returnee.  He had served 1 year, 11 months and 27 days of total active service.  His DD Form 214 issued at the time of his REFRAD shows that he was awarded the Expert Marksmanship Badge with rifle bar and the Vietnam Service Medal (VSM).

4.  A review of the applicant's official records shows that he received an academic efficiency rating of "Good" upon completion of his AIT and "excellent" conduct and efficiency ratings throughout the remainder of his service.  His record is also void of any derogatory information that would serve to disqualify him for award of the Good Conduct Medal (AGCM).  However, there is no evidence in his records to show he was awarded the Aircraft Crewmember Badge.  Additionally, the picture of the badge provided does not resemble any of the badges authorized by the applicable regulations.

5.  Army Regulation 600-8-22 (Military Awards), as amended, provides that the National Defense Service Medal (NDSM) is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995, and          11 September 2001 to a date to be determined.  

6.  Army Regulation 672-5-1 (Awards), in effect at the time, established the criteria for award of the Army Good Conduct Medal (AGCM).  It states, in pertinent part, that the AGCM was established by Executive Order 8809, 28 June 1941 and was amended by Executive Order 9323, 1943 and by Executive Order 10444, 10 April 1953 and is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service.  The regulation also states, in pertinent part, that for first award only, upon termination of service on or after 27 June 1950, a period of service of less than 3 years but more than 1 year qualifies for award of the AGCM.

7.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal (RVNCM) with Device (1960).  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit 
citation badges awarded during the Vietnam Conflict.  Table 1 (Army Units in Numerical Order) of the pamphlet indicates that subsequent to the applicant’s departure from Vietnam, his unit was awarded the Presidential Unit Citation (PUC) and the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation for the period he served with the unit.  Additionally, the applicant participated in two campaigns while assigned to Vietnam and thus is entitled to two bronze service stars for wear on his already awarded VSM.

9.  Army Regulation 672-5-1 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 Crewmember 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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his unit was awarded the PUC and the RVNGC w/Palm Unit Citation has been noted and found to have merit.  The applicant's unit was awarded those awards subsequent to his departure and he is entitled to receive those awards and have them entered on his records at this time.

2.  After carefully examining the applicant’s record of service, it was determined that the applicant should have received the AGCM for his service from 9 April 1964 through 5 April 1966.  This conclusion is based on the fact that the record is void of any derogatory information which would preclude the applicant from being awarded the AGCM and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving the award.  

3.  The applicant not receiving the AGCM was likely the result of an administrative error as opposed to it being the result of a conscious disqualification by any of the unit commanders for which he served.  Therefore, in the interest of justice, the Board determined that this error should be corrected and the applicant should receive the AGCM at this time.

4.  Additionally, the evidence of record also establishes that the applicant is entitled to awards of the NDSM, the RVNCM with Device (1960), and two bronze service stars for wear on his already-awarded VSM.

5.  However, there is no evidence in the available records to show that he was ever awarded the Aircraft Crewmember Badge.  Therefore, in the absence of evidence to show otherwise, there appears to be no basis to add it to his records at this time.



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:

     a.   awarding him the AGCM for the period of 9 April 1964 through 5 April 1966; and

     b.  amending his DD Form 214 to add the AGCM, the PUC, the RVNGC w/Palm Unit Citation, the RVNCM with Device (1960), the NDSM, and two bronze service stars for wear on his already-awarded VSM.

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 adding the Aircraft Crewmember Badge to his records.  

3.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.




      _______ _ 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)                                         AR20090003934





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ABCMR Record of Proceedings (cont)                                         AR20090003934



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