IN THE CASE OF:	  

		BOARD DATE:	    4 January 2011

		DOCKET NUMBER:  AR20100015603 


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 that his records be corrected to reflect his two awards of the Purple Heart with one oak leaf cluster (PH 1OLC) and the Air Medal with two oak leaf clusters (2OLC) and that he be awarded the Aircraft Crewman Badge (currently known as the Aviation Badge) and any other awards to which he is entitled.

2.  The applicant states that he received two awards of the PH and the Air Medal 2OLC that were omitted from his records at the time of his separation.  He goes on to state that he served as a door gunner for 9 months and should have been awarded the Aircraft Crewman Badge.  Accordingly, he desires it to be awarded at this time along with any other awards that he is entitled to receive.

3.  The applicant provides a listing of supporting documents submitted with 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 10 June 1966 for a period of 3 years.  He completed his basic and advanced individual training as an infantryman at Fort Ord, California and was then transferred to Fort Benning, Georgia where he remained until he was transferred to Vietnam on 22 May 1967.

3.  He was initially assigned to Headquarters and Headquarters Company, 1st Battalion, 35th infantry Regiment, 4th Infantry Division for duty as a grenadier.  He was awarded the Combat Infantryman Badge on 22 June 1967 and he was wounded on 22 June 1967, for which he was awarded the Purple Heart in General Orders Number 1899 issued by Headquarters, 4th Infantry Division.  

4.  He was promoted to the pay grade of E-5 on 26 February 1968 and was again wounded in action on 15 April 1968 for which he was awarded the Purple Heart 1OLC in General Orders Number 2969 issued by Headquarters, 4th Infantry Division.  He was assigned as a door gunner with the 282d Assault Helicopter Company on 17 June 1968 and was placed on Non-aviator-Crewmember Gunner orders on 22 June 1968.  He was awarded the Air Medal with 2OLC (basic Air Medal 17 August 1868 to 3 September 1968) (2OLC 4 September 1968 to 8 January 1969).  The flight records used for his awards of the Air Medal 2OLC show that he flew 207.8 hours and 205 combat missions.

5.  He departed Vietnam on 13 February 1969 and was transferred to Fort Lewis, Washington where he was honorably released from active duty (REFRAD) on temporary records as an overseas returnee.  He had served 2 years, 8 months, and 4 days of total active service of which 1 year, 8 months, and 21 days were served in Vietnam.  His DD Form 214 issued at the time of his REFRAD reflects that he was awarded the National Defense Service Medal, the Vietnam Campaign Medal, the Vietnam Service Medal (VSM), the Purple Heart, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and three Overseas Service Bars. 

6.  A review of his records failed to show that he was awarded the Aircraft Crewman Badge.  However, his records do show that he had "excellent: conduct and efficiency ratings throughout his service and his record is void of any derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM).  His records also show that he was awarded the Sharpshooter Marksmanship Qualification Badge with M60 machinegun bar. 

7.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided for temporary and permanent award of the Aircraft Crew Member Badge.  Commanders of any unit with Army aircraft assigned could publish orders allowing qualified members of that command to wear the Aircraft Crew Member Badge.  To be eligible for temporary award of the Aircraft Crew Member Badge an individual had to be on flying status in the case of crew chiefs, electronic sensor system operators, and flight engineers or as a non-crewmember in the case of observers, medical aidmen, gunners, aircraft maintenance supervisors, or technical inspectors.  Individuals were also required to be qualified based on a Class III physical examination and to hold a principal duty assignment as a crew chief, flight engineer, aircraft maintenance supervisor, observer, gunner, or technical inspector.  These personnel were authorized to wear the badge temporarily until relieved from those duties or they could be authorized permanent wear of the Aircraft Crew Member Badge once they fulfilled the regulatory requirements for permanent award of the badge.  

8.  For permanent award of the Aircraft Crew Member Badge, an individual must have performed in one of the duties specified above for not less than 12 months (not necessarily consecutive) or must have been school trained for a principal duty specified above.  Personnel who were 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 were not personally responsible were entitled to permanent wear of the Aircraft Crew Member Badge.  Further, an individual who 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.

9.  Army Regulation 600-8-22 (Military Awards) outlines the criteria for award of the Good Conduct Medal (GCMDL).  It states, in pertinent part, that the GCMDL is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service.  It is awarded on a selective basis to each Soldier who distinguishes him or herself from among their fellow Soldiers by their exemplary conduct, efficiency, and fidelity throughout their service.  There is no right or entitlement to the medal until the immediate commander has approved the award and the award has been announced in permanent orders.  

10.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate medal, to include the Vietnam Service Medal, for each credited campaign.  The applicant was credited with participation in six campaigns.

11.  Army Regulation 600-8-22 states Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The numeral 2 denotes the second award of the Air Medal.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Table 1 (Army Units in Numerical Order) of the pamphlet indicates that subsequent to the applicant’s departure from Vietnam, his unit was awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation, the Republic of Vietnam Civil Actions Honor Medal – First Class (RVNCAHM-FC) Unit Citation and the Valorous Unit Award (VUA) for the period he served with the unit.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record clearly shows that the applicant was awarded the CIB, the PH 1OLC, the Air Medal with 2OLC, and the Sharpshooter Marksmanship Qualification Badge with M60 Machinegun Bar.  Accordingly, he is entitled to have those awards added to his records at this time.

2.  Additionally, he participated in six campaigns in Vietnam and is entitled to be awarded one silver and one bronze service star for wear on his already-awarded VSM.

3.  A review of his records shows that the applicant had "excellent" conduct and efficiency ratings throughout his service and his records contain no derogatory information that would serve to disqualify him for award of the AGCM.  Therefore, it must be presumed that the failure to award him the AGCM was the result of an administrative error.  Accordingly, it would be in the interest of justice to award him the AGCM for the period of 10 June 1966 to 13 February 1969.

4.  The applicant flew well over the 15 combat missions necessary to qualify for permanent award of the Aircraft Crewman Badge (currently known as the Aviation Badge).  Accordingly, it would be in the interest of justice to award him that badge at this time.

5.  Additionally, the unit to which he was assigned was awarded the RVNGC w/Palm Unit Citation, the RVNCAHM-FC Unit Citation, and the VUA during a period of time he was assigned to the unit.  Therefore, these unit awards should be 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:

1.  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:

* Awarding him the Aviation Badge
* Awarding him the AGCM (1st award) for the period of 10 June 1966 to    13 February 1969 while serving as a sergeant
* Deleting his awards of the Purple Heart, the VSM and the Sharpshooter Marksmanship Qualification Badge (M-14) from his DD Form 214
* Adding the Purple Heart 1OLC, AM with numeral 3, AGCM, VSM with one silver and one bronze service star, CIB, Aviation Badge, Sharpshooter Marksmanship Qualification Badge with M-14 rifle and M-60 machinegun bars, RVNGC w/Palm Unit Citation, the RVNCAHM-FC Unit Citation, and the VUA to his DD Form 214

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.




      __________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)                                         AR20100015603





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ABCMR Record of Proceedings (cont)                                         AR20100015603



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