IN THE CASE OF:	  

		BOARD DATE:	  25 May 2010

		DOCKET NUMBER:  AR20090020203 


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 Aircraft Crew Member Badge.  He also requests correction of his DD Form 214 to show all decorations, medals, badges, commendations, campaigns, and unit citations he is authorized.

2.  The applicant states he was a helicopter crew chief in military occupational specialty (MOS) 67N2O (UH-1 helicopter repairman) and flew as a crew member.

3.  The applicant provides a copy of his DD Form 214 in support of his application.

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 enlisted in the Regular Army on 30 September 1968.  He completed basic combat training and advanced individual training and was awarded MOS 67A (aircraft maintenance apprentice).  His highest grade attained was specialist five (SP5).  He was assigned to Vietnam on 22 March 1969.

3.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he was assigned to the 605th Transportation Company from 26 March 1969 to 17 August 1969 as a helicopter repairman helper in duty MOS 67A.  His DA Form 20 shows he was reassigned to Company B, 227th Aviation Battalion, 1st Cavalry Division, from 19 August 1969 through 14 March 1970 as an aircraft maintenance apprentice in duty MOS 67A.

4.  The applicant's service record contains orders which show he performed duty as a crew member in the Republic of Vietnam.

5.  He departed Vietnam on 21 March 1970 and was credited with participation in the following campaigns:

* Tet 69 Counteroffensive
* Vietnam Summer-Fall 1969
* Vietnam Winter-Spring 1970

6.  The applicant's DA Form 20 shows he was reassigned to Germany in May 1970 as a helicopter repairman in duty MOS 67N2O.

7.  The applicant was honorably released from active duty on 28 August 1971 as an SP5.  He completed 2 years, 10 months, and 29 days of active military service with no lost time.

8.  His DA Form 20 shows he received conduct and efficiency ratings of "excellent" throughout his service.  His service record shows he received one nonjudicial punishment under Article 15, Uniform Code of Military Justice, for violation of a lawful general regulation.

9.  His DD Form 214 shows entitlement to the following awards:

* Army Commendation Medal
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal
* overseas service bar
* Air Medal
* Expert Marksmanship Qualification Badge with Rifle Bar

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows that at the time of the applicant's assignment to the 605th Transportation Company, it was cited for award of the Meritorious Unit Commendation by Headquarters, Department of the Army, General Orders (DAGO) Number 51, dated 1971.

11.  Department of the Army Pamphlet 672-3 shows that at the time of the applicant's assignment to the 227th Aviation Battalion, 1st Cavalry Division, it was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO Number 59, dated 1969, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 42, dated 1972.

12.  Army Regulation 600-8-22 (Military Awards) provides that the Aircraft Crew Member Badge (currently known as the Aviation Badge) may be permanently awarded for successful completion of formal advanced individual training in career management field 67 MOS's.

13.  Army Regulation 600-8-22 authorizes award of a bronze service star based on qualifying service for each campaign listed in appendix B and states that authorized bronze service stars will be worn on the appropriate service medal, which includes the Vietnam Service Medal.

14.  Army Regulation 672-5-1 (Military Awards) provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.

DISCUSSION AND CONCLUSIONS:

1. The applicant's contention that he was a helicopter crew chief in MOS 67N2O and flew as a crew member is acknowledged.

2.  The evidence of record shows the applicant completed training in MOS 67 and served in Vietnam as a helicopter repairman helper and as an aircraft maintenance apprentice.  Therefore, he has met the regulatory requirements for award of the Aviation Badge.

3.  A review of the applicant's records show he is entitled to additional awards that are not shown on his DD Form 214.

4.  It appears the applicant met the regulatory requirements for the first award of the Army Good Conduct Medal for a qualifying period of service from 30 September 1968 through 28 August 1971.  Although his service records show he received one Article 15, he received "excellent" conduct and efficiency ratings throughout his service and was promoted to SP5 during this period.  Therefore, should be awarded the Army Good Conduct Medal (First Award) and is entitled to correction of his records to show this award.

5.  The applicant was assigned to the 605th Transportation Company during a period it was cited for award of the Meritorious Unit Commendation.  While he was assigned to the 227th Aviation Battalion, 1st Cavalry Division, this unit was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, these unit awards should be added to his DD Form 214.

6.  The applicant's DD Form 214 currently reflects the Vietnam Service Medal.  However, he received credit for participation in three campaigns during his tenure in the Republic of Vietnam.  Therefore, his DD Form 214 should be amended to reflect three bronze service stars for wear on his already-awarded Vietnam Service Medal.

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.  awarding him the Army Good Conduct Medal (1st Award) for the period 30 September 1968 through 28 August 1971 and

	b.  amending his DD Form 214 to add the Army Good Conduct Medal, the Aviation Badge, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and three bronze service stars for wear on his already-awarded Vietnam Service Medal.



      ___________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)                                         AR20090020203



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ABCMR Record of Proceedings (cont)                                         AR20090020203



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