IN THE CASE OF:	

		BOARD DATE:	  3 December 2009

		DOCKET NUMBER:  AR20090011275 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Air Medal and [Meritorious Unit] Commendation and to record his flight time on his DD Form 214.  He also requests to be issued the three medals already shown on his DD Form 214.

2.  The applicant states that he did not receive the three medals shown on his DD Form 214.

3.  The applicant provides, in support of his application, copies of his DD Form 214, non-aviator crewmember orders, and his Honorable Discharge Certificate from the United States Army Reserve.

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 requests issuance of his medals and ribbons.  Army Retirees and Veterans may submit a request to Headquarters, U.S. Army Human Resources Command (AHRC-PDO-PA), 1 Reserve Way, St. Louis, Missouri  63132-5200.  Requests must include a copy of the retiree's/veteran's separation or discharge paperwork and any other supporting documentation to substantiate the request.  Based on the information provided, the applicant's request for issuance of his awards will not be discussed further in this Record of Proceedings.

3.  On 18 August 1965, the applicant was inducted into the Army of the United States for 2 years.  He completed his initial training and was awarded military occupational specialty (MOS) 94B (Cook).  He was subsequently awarded MOS 11B (Light Weapons Infantryman).

4.  Special Orders Number 130, 1st Training Brigade, Fort Gordon, Georgia, dated 28 September 1965, awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar.

5.  On 29 December 1965, the applicant departed Fort Benning, Georgia, for duty in the Republic of Vietnam.  On 3 March 1966, the applicant was assigned to Company A, 82nd Aviation Battalion, for duty as a cook.

6.  On 1 September 1966, the applicant was assigned to duty as a door gunner.

7.  On 26 December 1966, the applicant accepted nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice, for breaking curfew on Christmas Eve and reporting late to the mess hall on Christmas Day.  The punishment included reduction to pay grade E-3 and 21 days of restriction and extra duty.

8.  Special Orders Number 72, 1st Aviation Brigade, dated 24 March 1967, assigned the applicant for duty as a non-aviator crewmember with the 335th Aviation Company.

9.  General Orders Number 1172, 1st Aviation Brigade, dated 6 April 1967, awarded the applicant the Air Medal for meritorious achievement while participating in aerial flight during the period from 9 to 14 March 1967.

10.  On 7 April 1967, the applicant was promoted to specialist four, pay 
grade E-4.
11.  On 10 August 1967, the applicant was released from active duty.  He had attained the rank of specialist four, pay grade E-4 and had completed 1 year, 11 months, and 23 days of creditable active duty.

12.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the National Defense Service Medal, Republic of Vietnam Campaign Medal, and the Vietnam Service Medal.  It does not show award of the Air Medal or Meritorious Unit Commendation.

13.  Army Regulation 635-5 (Separation Documents), in effect at the time, provided detailed instructions for completing separation documents, including the DD Form 214.  It did not provide for the recording of flight time on the DD Form 214.

14.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that his conduct and efficiency ratings were "excellent."  There is no evidence to show that the commander took any action to deny him the Army Good Conduct Medal.

15.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended 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 were not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying.

16.  Army Regulation 672-5-1 further provided for temporary and permanent award of the Aircraft Crew Member Badge [now known as the Aviation 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.  An individual had to be on flying status as a crew chief, electronic sensor system operator, flight engineer, or as a non-crewmember in the case of observers, medical aidmen, gunners, aircraft maintenance supervisors, or technical inspectors to be eligible for permanent award of the Aircraft Crew Member Badge.  An individual must have performed in one of those duties for not less than 12 months (not necessarily consecutive) or must have been school-trained in that duty.  Further, an individual who had participated in at least 15 combat missions under probable exposure to enemy fire while serving in the principal duty of crew chief, flight engineer, aircraft maintenance supervisor, observer, gunner, or technical inspector was entitled to permanent award of the Aircraft Crew Member Badge.

17.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided, in pertinent part, guidelines for award of the Air Medal.  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.  However, the regulation was clear that these guidelines were considered only a departure point.

18.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following three campaign periods:  the Vietnam Counteroffensive, the Vietnam Counteroffensive Phase II, and the Vietnam Counteroffensive Phase III.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

19.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that Company A, 82nd Aviation Battalion, was cited in Department of the Army General Orders (DAGO) Number 17, dated 1968, for award of the Meritorious Unit Commendation during the time of the applicant's assignment.  This publication also shows that during the applicant's assignment to the 335th Aviation Company, it was cited in DAGO Number 70, dated 1969, for award of the Meritorious Unit Commendation and in DAGO Number 22, dated in 1968, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Air Medal and Meritorious Unit Commendation.  He also contends that his DD Form 214 should show his flight time.

2.  General orders awarded the applicant the Air Medal for meritorious achievement.   Therefore, his records should be corrected to show this award.

3.  Regulatory guidance, in effect at the time, did not provide for recording flight time on the DD Form 214.  Therefore, the applicant's request to show this information on his DD Form 214 should be denied.

4.  The applicant's records show that except for the one instance of NJP for a minor offense, he distinguished himself in the performance of his military service.  He was reduced in rank for his misconduct but was soon after promoted back to his former rank.  He then earned an Air Medal for achievement and served almost 18 months in the Republic of Vietnam.  Therefore, it is presumed that not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.

5.  The applicant's award of the Air Medal for meritorious achievement as a door gunner shows that he completed more than the minimum 15 combat missions required for permanent award of the Aircraft Crew Member Badge.  Therefore, he should be awarded this badge.

6.  Records show that the applicant participated in three campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of three bronze service stars to be affixed to his Vietnam Service Medal.

7.  The applicant's two units were each cited in general orders for award of the Meritorious Unit Commendation.  Therefore, his records should be corrected to show award of the Meritorious Unit Commendation with one Oak Leaf Cluster.

8.  The applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.

9.  Special orders show that the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar.  Therefore, his records should be corrected to show this 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:

   a.  awarding him the Army Good Conduct Medal for the period 18 August 1965 to 10 August 1967;

	b.  awarding him the Aviation Badge for service as a door gunner; and

	c.  showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Air Medal, Meritorious Unit Commendation with one Oak Leaf Cluster, Army Good Conduct Medal, three bronze service stars to be affixed to his already-awarded Vietnam Service Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Aviation Badge and the Marksman Marksmanship Qualification Badge with Rifle 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 recording his flight time on his DD Form 214.



      ___________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)                                         AR20090011275



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ABCMR Record of Proceedings (cont)                                         AR20090011275



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