BOARD DATE:	  3 June 2010

		DOCKET NUMBER:  AR20090019658 


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 award of the Purple Heart and the Basic Aviation Badge.

2.  The applicant states the Basic Aviation Badge was never entered into his military records.  He states he has the original badge that was awarded to him.  He states he has been trying to have this award entered in his records for 41 years.  He states the dates of his assignments and the duties he was assigned as entered in item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) are not accurate.

3.  The applicant provides copies of:

* three award certificates
* a photograph of the Basic Aviation Badge
* his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* item 38 from his DA Form 20
* seven pages from his service medical records for the period October 1968-November 1970
* a Morning Report from Troop C, 17th Air Cavalry, for 25 November 1968
* a consultation note, dated 3 September 2009, from the Department of Veterans Affairs (VA)
* two pages from the internet describing balanitis and Peyronie's disease


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.  ABCMR Docket AC95-08057 previously denied the applicant's request for the Purple Heart on 14 February 1996 and a request for reconsideration was administratively closed on 23 March 2004 in ABCMR Docket AR2003091475.  Army Regulation 15-185 (Army Board for Correction of Military Records) sets forth procedures for processing requests for correction of military records.  Paragraph 2-15b governs requests for reconsideration.  This provision of the regulation allows an applicant to request reconsideration of an earlier ABCMR decision if the request is received within 1 year of the ABCMR's original decision and it has not previously been reconsidered.  The applicant's request for reconsideration for the Purple Heart was not received within 1 year of the ABCMR's original decision.  His request for reconsideration does not meet the criteria outlined above.  In view of the above, the issue of Purple Heart will not be discussed further in this Record of Proceedings.

3.  The applicant's military personnel records show he enlisted in the Regular Army on 31 May 1966 for a period of 3 years.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

4.  The applicant served in the Republic of Vietnam from 14 December 1967 to 30 November 1968.  He was assigned to:

* 1st Battalion, 501st Infantry, from 14 December 1967-18 March 1968 as a cook
* 3rd Squadron, 17th Cavalry, from 19 March 1968-30 November 1968 as a helicopter door gunner

5.  On 11 March 1968, the applicant reenlisted for a period of 4 years for duty as a door gunner.

6.  Headquarters, 1st Aviation Brigade, General Orders Number 3779, dated 15 June 1968, awarded the applicant the Air Medal for meritorious achievement while participating in aerial flight during the period 21 March 1968 to 17 May 1968.

7.  The applicant was assigned to the 1st Battalion, 327th Infantry, as a squad leader and team leader in the Republic of Vietnam during the period 21 January 1970 to 28 November 1970.

8.  On 1 December 1971, the applicant was released from active duty.  He had completed a total of 5 years, 6 months, and 1 day of active service that was characterized as honorable.  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 Bronze Star Medal, the Air Medal with 1st oak leaf cluster, the Army Commendation Medal with 1st oak leaf cluster, the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict.  This pamphlet shows that during the time of the applicant's assignment to the:

* 3rd Squadron, 17th Cavalry, the unit received the Republic of Vietnam Gallantry Cross with Palm Unit Citation (22 February 1967-17 May 1968)
* 1st Battalion, 327th Infantry, the unit received the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (18 March 1968-2 May 1970)

10.  Based on the applicant's dates of service in Vietnam, table B-1 of Army Regulation 600-8-22 (Military Awards) shows he participated in the:

* Vietnam Counteroffensive Phase III Campaign (1 June 1967-29 January 1968)
* Tet Counteroffensive Campaign (30 January 1968-1 April 1968)
* Vietnam Counteroffensive Phase IV Campaign (2 April 1968-30 June 1968)
* Vietnam Counteroffensive Phase V Campaign (1 July 1968-1 November 1968)
* Vietnam Counteroffensive Phase VI Campaign (2 November 1968-22 February 1969)
* Vietnam Winter-Spring 1970 Campaign (1 November 1969-30 April 1970)
* DA Sanctuary Counteroffensive Campaign (1 May 1970-30 June 1970)
* Vietnam Counteroffensive Phase VII Campaign (1 July 1970-30 June 1971)

11.  Army Regulation 672-5-1 (Military Awards), then in effect, provided for temporary and permanent award of the Aircraft Crewman Badge, now known as the Basic Aviation Badge.  For permanent award of the Basic Aviation Badge, an individual must be on flying status as a crew member in the case of crew chiefs, Airborne Electronic Sensor System operators and supervisors, and flight engineers or as a non-crew member in the case of observers, medical aidmen, gunners, aircraft maintenance supervisors, or technical inspectors, physically qualified, class III, and be qualified for and hold a principal duty assignment as a crew chief, flight engineer, aircraft maintenance supervisor, observer, gunner, or technical inspector.  In addition an individual must have met any one of the following criteria:

* performed in one of the duties specified above for not less than 12 months (not necessarily consecutive) 
* must have been school trained for a principal duty specified above
* been precluded by incapacitation from further flight duty due to wounds sustained as a result of hostile action or injuries resulting from an aircraft accident for which they are not personally responsible
* 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

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

13.  Army Regulation 600-8-22 (Military Awards) authorizes award of a bronze service star based on qualifying service for each campaign listed in appendix B.  A silver service star is worn instead of five bronze service stars.  The regulation states that authorized bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.

14.  Army Regulation 15-185 prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should have been awarded the Basic Aviation Badge.  He also contends the dates of his assignments to units and the duties he was assigned as entered in item 38 of his DA Form 20 are not accurate or incorrect.

2.  The ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.  The applicant submitted no evidence or official documentation showing his dates of assignment to units and duties assigned were other than those entered on his DA Form 20.  Therefore, in the absence of evidence to the contrary, the Board assumes the entries are correct.

3.  The applicant was awarded the Air Medal for the period 21 March 1968 to 17 May 1968 during which he was serving as a helicopter door gunner with the 3rd Squadron, 17th Cavalry.  This award would have been based on his completion of 25 category I missions (air assault and equally dangerous missions).

4.  It is clear the applicant participated in at least 15 combat missions under probable exposure to enemy fire while serving in the principal duty of gunner.  Therefore, it is appropriate he be permanently awarded the Basic Aviation Badge.

5.  Based on the applicant's service with 3rd Squadron, 17th Cavalry, and 1st Battalion, 327th Infantry, he is authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

6.  The applicant's military personnel records show he participated in eight campaigns during his service in Vietnam.  Therefore, he is entitled to one silver and three bronze service stars to be worn on his Vietnam Service Medal.


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 permanently awarding him the Basic Aviation Badge.

2.  The Board also recommends item 24 of the applicant's DD Form 214 with an effective date of 1 December 1971 be amended to show he was awarded or is authorized the:

* Basic Aviation Badge
* Vietnam Service Medal with one silver and three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

3.  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 corrections to his DA Form 20.



      ___________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)                                         AR20090019658



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