BOARD DATE:	  24 May 2011

		DOCKET NUMBER:  AR20100027716 


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 the:

* Aircraft Crew Member Badge [now known as the Aviation Badge and will be referred to as the Aviation Badge hereafter]
* Air Medal with "V" Device
* Air Medal (1st Oak Leaf Cluster) with "V" Device

2.  The applicant states the requested awards were awarded or authorized but are not listed on his DD Form 214.

3.  The applicant provides:

* DD Form 214
* orders awarding him the Air Medal with "V" Device
* orders awarding him the Air Medal (1st Oak Leaf Cluster) with "V" Device

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 records show he enlisted in the Regular Army on 21 November 1967 and initially held military occupational specialty (MOS) 67N (UH-1 Helicopter Repairman).  He also completed training and was awarded MOS 67Y (AH-1 Attack Helicopter Repairman) on 31 May 1968.

3.  He served in Vietnam in MOS 67N from 1 July 1968 to 26 June 1969 with Headquarters and Headquarters Troop, 7th Squadron, 1st Air Cavalry Regiment. 
While in Vietnam, Headquarters, 1st Aviation Brigade, published Special Orders Number 83, dated 25 March 1969, assigning him to flight status as a non-aviator crewmember chief effective 10 October 1968.

4.  Upon completion of his Vietnam tour, he was reassigned to Fort Eustis, VA, where he completed training for MOS 67W (Rotary Wing Technical Inspector).  He later served in Germany from 4 April 1970 to 20 August 1970.

5.  He was honorably released from active duty on 22 August 1970 in the rank/grade of specialist five (SP5)/E-5 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) for completion of his remaining service obligation.  He completed 2 years, 9 months, and 2 days of creditable active service.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* Army Commendation Medal 
* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Air Medal with 7th Oak Leaf Cluster
* two overseas service bars

7.  Headquarters, 1st Aviation Brigade, published the following general orders (GO):

* GO Number 1837, dated 23 April 1969, awarding him the Air Medal with "V" Device for heroism on 28 December 1968
* GO Number 2218, dated 9 May 1969, awarding him the Air Medal (1st Oak Leaf Cluster) with "V" Device for heroism on 29 March 1969
* GO Number 2721, dated 14 June 1969, awarding him the Air Medal for meritorious achievement from 10 October to 8 November 1968
* GO Number 2746, dated 15 June 1969, awarding him the Air Medal (2nd through 7th Oak Leaf Cluster) for meritorious achievement from 4 November 1968 to 28 April 1969

8.  The applicant's records do not contain official orders awarding him the Aviation Badge.

9.  Army Regulation 672-5-1 (Awards), in effect at the time, provided for temporary and permanent award of the Aircraft Crew Member Badge.  The regulation authorized the commander of any unit with Army aircraft assigned to publish orders allowing qualified members of that command to wear the Aircraft Crew Member Badge.

	a.  To be eligible for temporary award of this badge an individual had to be on flying status as a crew chief 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.  The regulation also required individuals 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 are authorized to wear the badge temporarily until relieved from these duties or they may be authorized permanent wear of the Aircraft Crew Member Badge once they have fulfilled the regulatory requirements for permanent award of the badge.

	b.  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 are 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 are entitled to permanent wear of the Aircraft Crew Member Badge.  Further, an individual who has 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 is entitled to permanent award of the Aircraft Crew Member Badge.

10.  A review of the applicant's records indicates entitlement to additional awards that are not shown on his DD Form 214.

11.  Headquarters, U.S. Army Training Center, Infantry, Fort Dix, NJ, Special Orders Number 19, dated 19 January 1968, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

12.  Headquarters, U.S. Army Transportation School, Fort Eustis, VA, Special Orders Number 110, dated 5 June 1968, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

13.  His service record shows no derogatory information that would disqualify him for the Army Good Conduct Medal (1st Award).  Furthermore, item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings during his military service with the exception of one period during which he was rated as "unknown."

14.  Army Regulation 672-5-1, in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

15.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

16.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that during his tour of duty in Vietnam, campaign credit was awarded for the below named campaigns.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

* 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

DISCUSSION AND CONCLUSIONS:

1.  The applicant was assigned to flight status as a non-aviator crewmember chief effective 10 October 1968.  He remained in Vietnam through 26 June 1969. 
His multiple awards of the Air Medal clearly show he participated in at least 15 combat missions under probable exposure to enemy fire while serving in the principal duty of crew chief.  Therefore, he qualified for award of the Aviation Badge and correction of his records to show this badge.

2.  General orders awarded the applicant nine awards of the Air Medal with two "V" Devices as shown below.  Therefore, his DD Form 214 should be corrected to show the Air Medal (9th Award) with "V" Device:

* Air Medal with "V" Device for heroism on 28 December 1968
* Air Medal (1st Oak Leaf Cluster) with "V" Device for heroism on 29 March 1969
* Air Medal for meritorious achievement from 10 October to 8 November 1968
* Air Medal (2nd through 7th Oak Leaf Cluster) for meritorious achievement from 4 November 1968 to 28 April 1969

3.  General orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

4.  Special orders awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these badges.

5.  The evidence shows the applicant was awarded the Vietnam Service Medal.  Additionally, his records show he participated in four campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

6.  The evidence of record confirms the applicant served honorably during the period 21 November 1967 through 22 August 1970.  He attained the rank of SP5/E-5, he was awarded multiple combat awards, and he received "excellent" conduct and efficiency ratings throughout his military service.  In the absence of any derogatory information on file that would have disqualified him from the receiving the Army Good Conduct Medal, it would be appropriate to award the applicant the Army Good Conduct Medal (1st Award) based on completion of qualifying service ending with the termination of a period of Federal military service and correct his DD Form 214 to show this award.


BOARD VOTE:

___x_____  ____x____  ___x__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 the applicant the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 21 November 1967 through 22 August 1970
* awarding the applicant the Aviation Badge
* deleting the Air Medal with 7th Oak Leaf Cluster from item 24 of his DD Form 214
* adding to item 24 of his DD Form 214 the:

* Aviation Badge
* Army Good Conduct Medal (1st Award)
* Air Medal (9th Award) with "V" Device
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* four bronze service stars to be affixed to 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)                                         AR20100027716



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ABCMR Record of Proceedings (cont)                                         AR20100027716



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