IN THE CASE OF:	  

		BOARD DATE:	        11 AUGUST 2009

		DOCKET NUMBER:  AR20090012996 


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 he be awarded the Aircraft Crew Member Badge and that it be added to his DD Form 214 (Armed Force of the United States Report of Transfer or Discharge).

2.  The applicant states, in effect, that he flew regularly as a door gunner and never received his wings.  He believes he earned his wings and doesn't know why he did not receive them.  The crew chief was the one who did the books.  He took it for granted and guessed the log book was being done properly.  The applicant concludes by stating that he wants this award because he earned it and he is trying for some Department of Veterans Affairs (VA) medical help and needs to prove he was in a combat zone.

3.  In support of his request, the applicant submits a copy of his DD Form 214 and a statement from a former fellow Soldier dated 15 March 2009.

 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 military records show he enlisted in the Regular Army (RA) on 30 September 1968 in the rank and pay grade/grade of private (PV1)/E-1.  He completed his basic combat training at Fort Bliss, Texas and his advanced individual training at Fort Rucker, Alabama.  After completing all required training he was awarded military occupational specialty (MOS) 67A (Aircraft Maintenance Apprentice).  The applicant held the MOS 67N (UH-1 Helicopter Repairman) at the time of his release from active duty.

3.  The applicant served in Vietnam from 17 March 1969 through 14 October 1970.  He served with the 398th Transportation Detachment of the 11th Armored Cavalry Regiment.

4.  The applicant was honorably released from active duty on 29 October 1971, under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 2, at the expiration of his term of service.  He was separated in the rank/grade of specialist five (SP5)/E-5.  On the date of his released from active duty, he had completed 2 years, 11 months, and 29 days active military service, with 31 days time lost for the periods 5 March through 11 March 1969, 15 April through 6 May 1970, and 30 November through 1 December 1970.  He was transferred to the U.S. Army Reserve (USAR) Control Group Reinforcement) to complete his remaining Reserve obligation.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal with 4 bronze service stars, Republic of Vietnam Campaign Medal, Army Commendation Medal, Army Good Conduct Medal, and Expert Marksmanship Qualification Badge with Rifle Bar (M-16).  The Aircraft Crew Member Badge is not shown as an authorized award on the applicant's DD Form 214.

6.  The Aircraft Crew Member Badge is not shown in Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record).

7.  Item 27 (Military Education) of the applicant's DA Form 20 shows the applicant successfully completed a 6 week course of instruction as an Aircraft Maintenance Apprentice at the U.S. Army Aviation School at Fort Rucker.

8.  There are no orders in the applicant's service personnel records awarding him the Aircraft Crew Member Badge or assigning the applicant to non-crewmember flight status; however, Item 38 (Record of Assignments) of his DA Form 20 shows he performed the duties of Helicopter Repairman Helper (MOS: 67A1O) and Helicopter Repairman (MOS:  67N2O) for a combined period of 1 year, 6 months, and 21 days while in Vietnam.

9.  The applicant's DD Form 214 shows the applicant was awarded the Vietnam Service Medal with four bronze service stars; however, he participated in five campaigns while he served in Vietnam:  the Tet 69 Counteroffensive, which extended from 23 February through 8 June 1969; Vietnam Summer-Fall 1969, which extended from 9 June through 31 October 1969; Vietnam Winter-Spring 1970, which extended from 1 November 1969 through 30 April 1970; Sanctuary Counteroffensive, which extended from 1 May through 30 June 1970; and Vietnam Counteroffensive, Phase VII, which extended from 1 July 1970 through 30 June 1971.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), dated 29 January 1988, which lists unit awards received by units serving in Vietnam, shows the unit to which the applicant was assigned, the 398th Transportation Detachment of the 11th Armored Cavalry Regiment, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the periods 1 May 1969 through 15 February 1970, by Department of the Army General Order (DAGO) Number 50, dated 1971, and 1 March through 30 October 1970 by DAGO Number 55, dated 1971.  These unit awards are not shown on the applicant's DD Form 214.

11.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), chapter 29, prescribes policy and guidance for wear of U.S. and foreign unit awards.  This regulation states that a Soldier may wear the unit award permanently if the individual was assigned to, and present for duty with the unit any time during the period cited; or was attached by competent orders to, and present for duty with the unit during the entire period, or for at least thirty consecutive days of the period cited.

12.  Paragraph 5, Department of the Army Pamphlet 672-3, provides that individuals will not wear more than one Republic of Vietnam Gallantry Cross with Palm Unit Citation.  This precludes wear of the Vietnamese Fourragere, which represents additional unit awards of the Republic of Vietnam Gallantry Cross.  Although wear of multiple awards of the unit citation is not authorized, official military personnel and historical records will indicate all awards received.  
In those instances, however, where a single unit receives duplicate Vietnamese unit awards during the same period, only one unit citation will be recorded in the official military personnel and historical records.

13.  Army Regulation 600-8-22 (Military Awards), paragraph 8-28, contains guidance on award of the Aircraft Crew Member Badge [now known as the Basic Aviation Badge].  It states, in pertinent part, that to be awarded this badge a member must be on flying status (physically qualified class III) and have performed crewmember or non-crewmember flying duties for not less than 12 months.  Individuals schooled trained in an aviation MOS may be awarded the badge upon completion of advanced individual training.

14.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in its Appendix B and states that authorized bronze service stars will be worn on the appropriate service medal, in this case, the Vietnam Service Medal.  The regulation further provides that one silver service star will be worn in lieu of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was school-trained in an aviation MOS [MOS 67A] and he was later awarded MOS 67N.  The applicant performed in these aviation-related MOS's in an aviation unit for a period of 1 year,
6 months, and 21 days while on duty in Vietnam and progressed through the ranks from pay grade E-1 to E-5.  Notwithstanding the absence of either crewmember or non-crewmember flight status orders in his service personnel records, the applicant is qualified for award of the Basic Aviation Badge and to have it added to his DD Form 214.  By regulation, the applicant was eligible to have the badge awarded to him upon completion of his advanced individual training.

2.  The evidence shows that the applicant was awarded the Vietnam Service Medal with four bronze service stars; however, the evidence shows the applicant participated in five campaigns of the Vietnam War.  Therefore, he is entitled to the Vietnam Service Medal with one silver service star and a correction to his DD Form 214 to show this award.

3.  While in Vietnam, the applicant was assigned to a unit that was twice awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was a member of the unit.  Therefore, he is entitled to have two awards of this unit award added to his DD Form 214.

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.  deleting from item 24 of the applicant's DD Form 214 the Vietnam Service Medal with 4 bronze service stars;

	b.  awarding the applicant the Basic Aviation Badge, effective 31 January 1969; and

   c.  adding to item 24 of the applicant's DD Form 214 the Vietnam Service Medal with one silver service star, Basic Aviation Badge, and Republic of Vietnam Gallantry Cross with Palm Unit Citation (2 Awards).



      _______XXX________________
               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)                                         AR20090012996



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090012996



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1