BOARD DATE:	  7 October 2010

		DOCKET NUMBER:  AR20100011176 


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 Basic Aviation Badge and correction of item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this award.

2.  The applicant states he met the criteria for the badge as a flying crew chief aboard the OH-6A aircraft with Headquarters and Headquarters Battery (HHB), 1st Infantry Division Artillery.  He states his wings were never awarded.

3.  The applicant provides the following documents:

* DD Form 214
* Orders for award of the Air Medal (First through Ninth Oak Leaf Cluster)
* Award citation for the Air Medal (1st through 2nd Oak Leaf Cluster)
* Award certificate for the Air Medal (1st through 9th Oak Leaf Cluster)

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 15 March 1968 for a period of
3 years.  He completed training on 28 June 1968 and he was awarded military occupational specialty (MOS) 67A (aircraft maintenance crewman).  The highest rank/grade he attained was specialist five (SP5)/E-5.  

3.  The applicant was assigned to the Republic of Vietnam (RVN) on 18 October 1968 with HHB, 1st Infantry Division Artillery as a crew chief in duty MOS 67M.  

4.  The applicant provided orders which show he was awarded the first through the ninth award of the Air Medal for meritorious achievement while participating in aerial flights in the RVN.  He departed the RVN on 17 October 1969 for reassignment to the continental United States.

5.  The applicant was honorably released from active duty on 21 December 1970 by reason of early release for school.  He completed 2 years, 9 months, and
7 days of active service.

6.  His Item 24 of his DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal with Device (1960)
* Army Commendation Medal (First Oak Leaf Cluster)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16)
* Air Medal (1st through 9th Oak Leaf Clusters)
* Purple Heart

7.  His DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his service.  There is no record of any disciplinary actions or a commander's disqualification for the Army Good Conduct Medal.

8.  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 the unit to which the applicant was assigned was cited for award of the RVN Civil Actions Honor Medal First Class Unit Citation for the period October 1965 to 7 April 1970 by Department of the Army General Order (DAGO) Number 53, dated 1970.

9.  DAGO Number 8, dated 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

10.  Army Regulation 600-8-22 (Military Awards) authorizes permanent award of the Basic Aviation Badge (formerly known as the Aircraft Crew Member Badge) to individuals upon successful completion of advanced individual training (AIT) in career management fields (CMFs) 67 (aircraft maintenance) and 93 (aviation operations) and to Soldiers who previously completed AIT in CMF 28 (aviation communications and electronic systems maintenance).

11.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following four campaigns:

* Vietnam Counteroffensive Phase V (1 July - 1 November 1968) 
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet 69 Counteroffensive, 1969 (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)

12.  Army Regulation 672-5-1 (Military Awards), in effect at the time, 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 evidence of record shows the applicant completed training in MOS 67 and served in the RVN as a crew chief on the OH-6A aircraft.  Therefore, he is entitled to award of the Basic Aviation Badge and correction of his DD Form 214 to show this award.
2.  A review of the applicant's records show he is entitled to additional awards that are not shown on his DD Form 214.

3.  It appears the applicant met the regulatory requirements for the first award of the Army Good Conduct Medal based on a qualifying period of service from
15 March 1968 through 21 December 1970.  He received "excellent" conduct and efficiency ratings throughout his service and he was promoted to SP5 during this period.  There is also no record of any disciplinary actions or a commander's disqualification.  Therefore, he should be awarded the Army Good Conduct Medal (First Award) and his DD Form 214 should be corrected to show this award.

4.  The applicant was assigned a unit that was cited for the RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, his DD Form 214 should be corrected to show this unit award. 

5.  The RVN Gallantry Cross with Palm Unit Citation was awarded to all units which served in Vietnam.  Therefore, his DD Form 214 should be corrected to show this unit award.

6.  The applicant's DD Form 214 currently reflects the Vietnam Service Medal.  However, he received credit for participating in four designated campaigns phases during his tenure in the RVN.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

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 his DD Form 214 the Vietnam Service Medal;

	b.  awarding him the Basic Aviation Badge;

	c.  awarding him the Army Good Conduct Medal (1st Award) for the period 15 March 1968 through 21 December 1970; and

	d.  adding to item 24 of his DD Form 214 the Army Good Conduct Medal
(1st Award), Basic Aviation Badge, Vietnam Service Medal with four bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.



      ___________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)                                         AR20100011176



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ABCMR Record of Proceedings (cont)                                         AR20100011176



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