IN THE CASE OF:	  

		BOARD DATE:	  1 February 2011

		DOCKET NUMBER:  AR20100018386 


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:

   a.  his date of birth as 3 April; and
   
   b.  award of the Aircraft Crewman Badge, Air Assault Badge, and Air Medal.

2.  The applicant states, in effect, he served in military occupational specialty (MOS) 67N2O, 67H1O, and 67P2O, and he performed duties as a crew chief, left door gunner, and mechanic on an air assault helicopter UH1 with the 48th Aviation Company and the 48th Assault Helicopter Company in and around Tuy Hoa, Vietnam.

3.  The applicant provides copy of his birth certificate and his DD Form 214.

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 on        7 June 1966.  He completed initial entry training and he was awarded MOS 67A (Aircraft Maintenance Crewman).  The highest grade he attained was pay grade E-5.

3.  His DD Form 4 (Enlistment Record - Armed Forces of the United States), DA Form 20 (Enlisted Qualification Record), and DD Form 398 (Statement of Personal History) all show his date of birth as 4 April.

4.  His DA Form 20 shows while he was in Vietnam he was assigned to the 339th Aviation Detachment, 10th Aviation Battalion, with principal duties as an aircraft maintenance crewman and helicopter mechanic from 20 February to 
25 July 1967.  He was assigned to the 48th Aviation Company, 10th Combat Aviation Battalion, with principal duty as a helicopter mechanic during from 6 July 1967 to 12 February 1968.

5.  He was honorably released from active duty on 6 June 1969 and transferred to the U.S. Army Reserve Control Group (Reinforcement).  The DD Form 214 he was issued shows he completed a total of 3 years of creditable active military service.  This form shows his date of birth as 4 August 1947. 

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and two Overseas Service Bars.

7.  Headquarters, 268th Aviation Battalion, Special Orders Number 56, dated 11 September 1967, permanently awarded him the "Aircraft Crewman's Award."

8.  His records do not contain any evidence indicating he was ever awarded the Air Medal or Air Assault Badge by proper authority.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the units he was assigned to while serving in the Republic of Vietnam were cited for:

	a.  award of the Meritorious Unit Commendation based on Department of the Army General Orders (DAGO) Number 17, dated 1968; and

   b.  two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on DAGO Number 21, dated 1969 and DAGO 6, dated 1974.

10.  Army Regulation 600-8-22 (Military Awards) provides that the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly; for example, personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders is required.

11.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided guidelines for award of the Air Medal.  It defined the departure point for the award of the Air Medal for aircraft crewmembers, based on sustained operations, as 25 category I missions and a minimum of 25 hours of flight time engaged in category I missions (air assault and equally dangerous missions), 50 category II missions and accrual of a minimum of 50 hours of flight time engaged in category II missions (support rendered a friendly force immediately before, during or following a combat operation), or 100 category III missions and a minimum of 100 hours of flight time engaged in category III missions (support of friendly forces not connected with an immediate combat operation but which must be accomplished at altitudes which make the aircraft at times vulnerable to small arms fire, or an operation conducted under hazardous weather or terrain conditions).

12.  Army Regulation 600-8-22 states award of the Air Assault Badge requires satisfactory completion of an air assault training course according to the U.S. Army Training and Doctrine Command standardized Air Assault Core Program of Instruction, or completion of the standard Air Assault Course while assigned or attached to the 101st Airborne Division (Air Assault) after 1 April 1974.

13.  Appendix B of Army Regulation 600-8-22 shows the campaigns for Vietnam.  During his tour in Vietnam he participated in the Vietnamese Counteroffensive Phase II (1 July 1966 - 31 May 1967), Vietnamese Counteroffensive Phase III 
(1 June 1967 - 29 January 1968), and Tet Counteroffensive (30 January - 1 April 1968) campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.



14.  Paragraph 6 of Department of the Army Pamphlet 672-3 states that not more than one Vietnam Gallantry Cross Unit Citation will be worn by any individual.  The regulation provides that, although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.

15.  He provided a birth certificate which shows his date of birth as 3 April.

DISCUSSION AND CONCLUSIONS:

1.  Special orders awarded the applicant the "Aircraft Crewman's Award."  This award is currently known as the Aviation Badge.  As such, he is entitled to have the Aviation Badge added to his DD Form 214.

2.  While his records provide evidence he was an aircraft crewmember, there is no record of how many missions he flew or the types of missions he flew.  As such, without a flight record to confirm the types and number of missions flown there is insufficient evidence upon which to base award of the Air Medal or to add this award to his DD Form 214.

3.  There is no evidence he served during a qualifying period of service or otherwise met the criteria for award of the Air Assault Badge.  As such, he is not entitled to have this award added to his DD Form 214.

4.  General orders awarded the Meritorious Unit Commendation and two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to his unit when he was assigned to the unit and the awards are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

5.  The available records show he was awarded the Vietnam Service Medal.  Additionally, evidence shows he participated in three campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of three bronze service stars to be affixed to his previously-awarded Vietnam Service Medal.

6.  The birth certificate he provided shows his date of birth as 3 April.  His DD Form 214 shows a date of birth of 4 August.  His DD Form 4, DA Form 20, and DD Form 398 show his birth date as 4 April.  Due to these contradictions, it is not possible with the available evidence to determine with certainty his date of birth.


7.  While it is understood that the applicant desires to have his date of birth changed in his records, the evidence is insufficient for compromising the integrity of the Army’s records.  The information in those records must reflect the conditions and circumstances that existed at the time the records were created.  The applicant enlisted, served, and was discharged using 4 April as his date of birth.

8.  There is insufficient evidence of record or independent evidence that suggests the date of birth recorded in his military records was a material error.  Therefore, those records should not be changed.

9.  The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which shows his stated date of birth, will be filed in his Official Military Personnel File (OMPF).  This should serve to clarify any questions or confusion in regard to date of birth and satisfy his desire to have the date of birth that is shown on his birth certificate documented in his OMPF.

10.  In view of the foregoing, the applicant is entitled to have his records corrected as shown below. 

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 correction of the individuals DD Form 214 by adding to item 24 the Aviation Badge, Meritorious Unit Commendation, two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars for wear on the previously-awarded Vietnam Service Medal.


2.  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:

   a.  changing his date of birth on his DD Form 214; and
   
   b.  adding to item 24 of his DD Form 214 the Air Assault Badge and Air 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)                                         AR20100018386



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ABCMR Record of Proceedings (cont)                                         AR20100018386



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