IN THE CASE OF:	  

		BOARD DATE:	  10 November 2009

		DOCKET NUMBER:  AR20090008841 


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 30 June 1972 DD Form 214 (Report of Transfer or Discharge) be corrected to show award of the Legion of Merit, the Army Commendation Medal, the Good Conduct Medal, the Korean Service Medal, the Republic Vietnam Campaign Medal with Device (1960), and the Aircraft Crew Member Badge (referred to by the applicant as the Aviator Wings and currently known as the Aviation Badge).

2.  The applicant states, in effect, he wishes to have his records corrected to show all his authorized awards.  His family wishes to have his record corrected before he dies.

3.  The applicant provides copies of two DD Forms 214, a Legion of Merit award certificate, and an Army Commendation Medal award certificate. 

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, a career Soldier, enlisted on 24 June 1952 and served honorably in an enlisted status until 30 April 1956. 

3.  The DD Form 214 (Report of Separation from the Armed Forces of the United States) lists the applicant's awards as the National Defense Service Medal, the Parachutist Badge, the Senior Parachutist Badge, and the Expert Marksmanship Qualification Badge with Rifle Bar (M-1).  He was discharged to accept a commission.

4.  The applicant was commissioned a second lieutenant in the Army Reserve (USAR) on 1 May 1956 and entered active duty that date.  He progressed normally with overseas service in Korea, Germany, South America, and Vietnam.

5.  A DA Form 759 (Individual Flight Record - Army Aviator) shows that for the months of July and August 1960, the applicant logged 20  flight hours over an  11-day period with 16 recorded landings.  

6.  Headquarters, Second Howitzer Battalion, 34th Artillery Regiment, Special Orders Number 133, dated 30 September 1960, shows the applicant completed training and was designated a qualified Aerial Observer.  There are no orders awarding the applicant either temporary or permanent flight crew status or the Aircraft Crew Member Badge.

7.  The Republic of Viet Nam, Ministry of Defense, Joint General Staff, Orders Number 50, awarded the applicant the First Class "Medal of Honor for Viet Nam Merit" (known as the Republic of Vietnam Armed Forces Honor Medal First Class.)  The award was formalized on 11 September 1965.  A Headquarters, Military Assistance Command - Vietnam (MACV) memorandum authorized the applicant to accept the award on 27 June 1967.

8.  MACV General Orders Number 2252, dated 27 October 1965, awarded the applicant the Bronze Star Medal.

9.  MACV General Orders Number 3082, dated 22 November 1972, awarded the applicant the Bronze Star Medal with first Oak Leaf Cluster.

10.  Headquarters John F. Kennedy Center for Military Assistance, General Orders Number 214, dated 20 June 1972, award the applicant the Army Commendation Medal.
11.  Headquarters, Third United States Army, General Orders Number 309, dated 7 June 1972, awarded the applicant the Legion of Merit.

12.  Due to a Department of Defense directive requiring a reduction in the number of USAR officers on active duty, the applicant elected to retire based on longevity with 20 years of honorable service effective 30 June 1972.

13.  The 30 June 1972 DD Form 214 shows his awards as National Defense Service Medal with first Oak Leaf Cluster, the Parachutist Badge, the Senior Parachutist Badge, the Master Parachutist Badge, the Armed Forces Expeditionary Medal, the Bronze Star Medal, the Joint Services Commendation Medal, the Vietnam Service Medal, the Armed Forces Honor Medal (properly known as the Republic of Vietnam Armed Forces Honor Medal First Class), and the Armed Forces Reserve Medal.  All awards and decorations are recorded in abbreviations.

14.  The applicant's DA Form 66 (Officer Qualification Record) provides the following:

	a.  service in Vietnam with MACV from 19 October 1964 through 18 October 1965 and with the Capital Military Assistance Command, Vietnam, from             23 January 1969 through 14 April 1969;

	b.  promotion to lieutenant colonel effective 24 March 1970;

	c.  his authorized awards and decorations are: the National Defense Service Medal with first Oak Leaf Cluster, the Parachutist Badge, the Senior Parachutist Badge, the Master Parachutist Badge, the Armed Forces Expeditionary Medal, the Bronze Star Medal, the Joint Services Commendation Medal, the Republic of Vietnam Armed Forces Honor Medal First Class, and the Armed Forces Reserve Medal;

	d.  he served in Vietnam during four campaign periods; and 

	e.  he qualified at the expert level on the M-1 rifle, the M-16 rifle, the .45 caliber pistol, and the .45 caliber machinegun, and at the sharpshooter level with the carbine.

15.  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 the MACV it was cited for award of the Meritorious Unit Commendation (DAGO 10, 1968) and the Republic of Vietnam Gallantry Cross with Palm Unit Citation (DAGO 8, 1974).  There is no listing of any unit awards for the Capital Military Assistance Command, Vietnam. 

16.  Army Regulation 672-5-1 (Awards), as in effect in 1960, shows that the Aircraft Crewman Badge (now known as the Aviation Badge) provided for both 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, electronic sensor system operator, and flight engineer or as a non-crewmember in the case of observers, medical aidmen, gunners, aircraft maintenance supervisors, or technical inspectors.  The regulation also required individuals 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.  Officers on flying status as an aerial observer may be awarded 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.  

17.  Army Regulation 600-8-22 (Military Awards) provides the following:

	a.  the Good Conduct Medal is awarded to enlisted 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 enlisted Federal military service of at least 1 year duration.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified;

	b.  the Vietnam Campaign Medal (correctly known as the Republic of Vietnam Campaign Medal with Device (1960)) 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;

	c.  the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954;

	d.  the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea from 28 July 1954 to a date to be determined by the Secretary of Defense;

	e.  a bronze service star is authorized, 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 four campaign periods:  the Vietnam Advisory Campaign, 15 March 1962 – 7 March 1965; the Vietnam Defense Campaign 8 March 1965 - 24 December 1965; the Counteroffensive Phase VI, 2 November 1968 - 22 February 1969; and the Tet 69 Counteroffensive, 23 February 1969 – 8 June 1969; and 

	f.  the an oak leaf cluster is awarded to denote second and succeeding awards of certain decorations, including the Bronze Star Medal.

18.  Army Regulation 635-5 (Separation Documents), as then in effect, states that only those awards and decorations for the period of service covered by DD Form 214 are to be entered on that DD Form 214.  They are to be entered in the priority sequence.  Abbreviations are not to be used.  [Inclusion of all awards from all periods of service on all DD Forms 214 did not become regulation until 1973.]

DISCUSSION AND CONCLUSIONS:

1.  The applicant states, in effect, he wishes to have his records corrected to show all of his authorized awards.

2.  The applicant completed training as an aerial observer while serving as an Ammunitions Train Commander in Germany.  However, the only flight hours of record are those for his training as an observer and the record contains no orders awarding him either a temporary or permanent Aircraft Crew Member Badge.  Without official verification of award of Aircraft Crew Member Badge it is not appropriate to correct the record to show this award. 

3.  The applicant did not serve in Korea during the eligibility period for award of Korean Service Medal.  However, subsequent to the applicant's retirement, the Korea Defense Service Medal was created and retroactive award was authorized to all qualifying service members.  The applicant meets the requirements for this award and it is appropriate to correct the record by awarding him the Korea Defense Service Medal at this time.

4.  The applicant served in an enlisted status for 3 years, 10 months, and 7 days. He distinguished himself by his conduct, efficiency and fidelity as evidenced by his in-service selection for a commission.  The record contains no indication of any disqualifying incidents or recommendations.  Therefore, it is appropriate to award the applicant the Good Conduct Medal for his period of enlisted service from 24 June 1952 through 23 June 1955.  This award should be listed on his    30 April 1956 DD Form 214.

5.  The applicant's award of the Legion of Merit and the Army Commendation Medal were omitted from his 30 June 1972 DD Form 214.  It is appropriate to correct this omission.

6.  The applicant's record contains orders for award of two Bronze Star Medals.  The designation of the second award is not reflected on his 30 June DD Form 214.  Therefore, it is appropriate to correct the record to show his award as the Bronze Star Medal with one Oak Leaf Cluster. 

7.  The applicant met the eligibility requirements for award of the Republic of Vietnam Campaign Medal with Device (1960).  It is appropriate to correct the by  awarding him this medal. 

8.  During his second period of service, the applicant was awarded the Expert Marksmanship Qualification Badge for the M-16 rifle, the .45 caliber pistol, and the .45 caliber machinegun.  He also qualified at the sharpshooter level with the M-1 carbine.  None of the associated badges are listed on the 30 June 1972 DD Form 214. 

9.  The applicant served in Vietnam during four campaign period and is authorized to wear four bronze service stars on his Vietnam Service Medal.

10.  In addition to the awards listed on the 30 June DD Form 214, the applicant is also authorized to wear the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  It is appropriate to correct the DD Form 214 to shows these awards.

11.  With the addition of several awards and the fact that all of the entries at block 24 (Decorations, Medal, Badges, Commendations, Citations) of the 30 June 1972 DD Form 214 are all recorded in abbreviations and not in priority sequence, it is appropriate to delete all entries in block 24 and replace them to show the applicant's authorized awards as: the Legion of Merit, the Bronze Star Medal with one Oak Leaf Cluster, the Joint Services Commendation Medal, the Army Commendation Medal, the Meritorious Unit Commendation, the National Defense Service Medal with one bronze service star, the Armed Forces Expeditionary Medal, the Vietnam Service Medal with four bronze service stars, the Korea Defense Service Medal, the Armed Forces Reserve Medal, the Republic of Vietnam Armed Forces Honor Medal First Class, the Republic of Vietnam Campaign Medal with Device (1960), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Master Parachutist Badge, the Senior Parachutist Badge, the Parachutist Badge, the Expert Marksmanship Qualification Badge with Rifle, Pistol, and Machinegun bars, and the Sharpshooter Marksmanship Qualification Badge with Carbine bar. 

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 the applicant the Good Conduct Medal his period of enlisted service from 24 June 1952 through 23 June 1955 and including it on the 30 April 1956 DD Form 214;

	b.  deleting all entries in block 24 of the 30 June 1972 DD Form 214; and

	c.  showing, at block 24, that the applicant's authorized awards are: the Legion of Merit; the Bronze Star Medal with one bronze Oak Leaf Cluster; the Joint Services Commendation Medal; the Army Commendation Medal; the Meritorious Unit Commendation; the Good Conduct Medal; the National Defense Service Medal with one bronze service star; the Armed Forces Expeditionary Medal; the Vietnam Service Medal with four bronze service stars; the Korea Defense Service Medal; the Armed Forces Reserve Medal; the Republic of Vietnam Armed Forces Honor Medal First Class; the Republic of Vietnam Campaign Medal with Device (1960); the Republic of Vietnam Gallantry Cross with Palm Unit Citation; the Master Parachutist Badge; the Senior Parachutist Badge; the Parachutist Badge; the Expert Marksmanship Qualification Badge with Rifle, Pistol, and Machinegun bars; and the Sharpshooter Marksmanship Qualification Badge with Carbine bar.

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 Korean Service Medal and the Aircraft Crew Member Badge.




      _______ _   __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)                                         AR20090008841





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ABCMR Record of Proceedings (cont)                                         AR20090008841



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