BOARD DATE:	  14 July 2011

		DOCKET NUMBER:  AR20100029946 


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 Aircraft Crew Member Badge.  He also requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 15 April 1971 to show award of the:

* Purple Heart
* Air Medal with "V" Device
* Army Commendation Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* Republic of Vietnam Campaign Medal with Device (1960)
* Marksman Marksmanship Qualification Badge with Automatic Rifle Bar

2.  The applicant states:

* he was wounded while serving with the 195th Assault Helicopter Company and was eventually medically retired
* he was never personally notified of all the awards to which he is entitled
* he wants his DD Form 214 for the period ending 15 April 1971 to show all the awards reflected on the attached DA Form 1577 (Authorization for Issuance of Awards)



3.  The applicant provides:

* Special Orders Number 338, dated 4 December 1969
* Special Orders Number 14, dated 14 January 1970
* medical clearance for aerial gunner memorandum, dated 20 January 1970
* Purple Heart orders, dated 2 April 1971
* DA Form 1577, dated 3 December 1999
* Addendum to DA Form 1577

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.  He enlisted in the Regular Army (RA) on 27 November 1968 for a period of 2 years.  He was awarded military occupational specialty (MOS) 11B (light weapons infantryman).

3.  Special orders, dated 30 January 1969, show he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  Special orders, dated 11 April 1969, show he was awarded the Second Class Gunner Badge with Machine Gun Bar.

5.  Special orders, dated 11 April 1969, show he was awarded the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (M-16).

6.  He arrived in Vietnam on 11 May 1969 and was assigned to Company D, 1st Battalion, 18th Infantry, 1st Infantry Division, on 24 May 1969.

7.  Special orders, dated 27 July 1969, show he was awarded the Combat Infantryman Badge.

8.  Orders, dated 23 October 1969, show he was awarded the Army Commendation Medal for meritorious achievement for the period 1 June 1969 to 22 October 1969 in Vietnam.

9.  On 3 December 1969, he was honorably discharged for immediate reenlistment.

10.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 3 December 1969 shows the National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, and Army Commendation Medal as authorized awards.

11.  His enlistment contract shows he reenlisted in the RA on 4 December 1969 for a period of 3 years for Army Career Group (ACGP) 67 (aircraft maintenance).

12.  Special orders, dated 4 December 1969, show he was assigned to the 1st Aviation Brigade for duty and training in ACGP 67.  Special orders, dated 17 January 1970, show he was reassigned to the 12th Aviation Group (Combat) for duty and training in ACGP 67.

13.  His DA Form 20 (Enlisted Qualification Record) shows he was assigned to the 195th Aviation Company (Assault Helicopter) in Vietnam on 19 January 1970 and his duty MOS was 67A (door gunner).

14.  He provides a medical clearance for aerial gunner memorandum, dated 20 January 1970.  This medical record states he was medically qualified (Class III flight physical) to perform duty as an aerial door gunner.

15.  On 10 March 1970, he was injured in a helicopter crash.  He was evacuated to Japan and then transferred to the United States for further medical treatment on 30 March 1970.

16.  Orders, dated 27 April 1970, show he was awarded the Army Commendation Medal for meritorious service for the period May 1969 to May 1970 in Vietnam.

17.  Orders, dated 24 May 1970, show he was awarded the Air Medal with "V" Device for heroism on 8 February 1970 in Vietnam.



18.  Orders, dated 2 April 1971, show he was awarded the Purple Heart for wounds received in action on 10 March 1970 in Vietnam.

19.  On 15 April 1971, he was retired by reason of permanent disability in the rank of specialist four/pay grade E-4.

20.  Item 24 of his DD Form 214 for the period ending 15 April 1971 shows the entry "NONE."

21.  Records show he participated in three campaigns during his assignment in Vietnam.

22.  There are no orders for the Aircraft Crew Member Badge in the applicant's service personnel records.

23.  There is no evidence the applicant was awarded the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  His records show he received conduct and efficiency ratings of "excellent" throughout his service.

24.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This document shows the applicant's unit, the 1st Battalion, 508th Infantry, at the time of his assignment was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders (DAGO) 43, dated 1970.

25.  Department of the Army Pamphlet 672-3 also shows his unit, the 195th Aviation Company, at the time of his assignment was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on DAGO 55, dated 1971.

26.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided for temporary and permanent award of the Aircraft Crew Member Badge (which is currently known as the Aviation 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.

27.  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.

28.  Army Regulation 672-5-1 (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.

29.  Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

30.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during 


the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

31.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders for the Aircraft Crew Member Badge in the applicant's service personnel records.  However, the evidence shows he reenlisted in December 1969 for ACGP 67, he was trained in ACGP 67, and he served as a door gunner in Vietnam from January 1970 until his helicopter crashed on 10 March 1970.  The governing regulation states 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.  Therefore, he is entitled to award of the Aircraft Crew Member Badge, now known as the Aviation Badge, and correction of his DD Form 214 to show this badge.

2.  Orders show he was awarded the Purple Heart, Air Medal with "V" Device, two Army Commendation Medals, Combat Infantryman Badge, Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), Second Class Gunner Badge with Machine Gun Bar, and Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (M-16).  His DD Form 214 for the period ending 15 April 1971 should be corrected to show these awards.

3.  He was released from active duty in the rank of specialist four with 2 years, 4 months, and 19 days of creditable active service with no time lost.  His records show he received "excellent" conduct and efficiency ratings throughout his period of service with no disciplinary action or a commander's disqualification for award of the Army Good Conduct Medal.  It appears the applicant met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 27 November 1968 through 15 April 1971 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 for the period ending 15 April 1971 should be corrected to show this award.



4.  He served a period of qualifying service for award of the National Defense Service Medal.  His DD Form 214 for the period ending 15 April 1971 should be corrected to show this medal.

5.  Based on his service in Vietnam and participation in three campaigns, he is eligible for the Republic of Vietnam Campaign Medal with Device (1960) and the Vietnam Service Medal with three bronze service stars.  His DD Form 214 for the period ending 15 April 1971 should be corrected to show these awards.

6.  His units were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to them.  His DD Form 214 for the period ending 15 April 1971 should be corrected to show these unit awards.

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:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period 27 November 1968 to 15 April 1971;

	b.  awarding him the Aviation Badge; and

	c.  adding the Purple Heart, Air Medal with "V" Device, Army Commendation Medal (2nd Award), Army Good Conduct Medal (1st Award), National Defense Service Medal, Combat Infantryman Badge, Republic of Vietnam Campaign Medal with Device (1960), Aviation Badge, Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), Second Class Gunner Badge with Machine Gun Bar, Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (M-16), Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars for wear on his already-awarded Vietnam Service Medal to item 24 of his DD Form 214 for the period ending 15 April 1971.



      ___________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)                                         AR20100029946



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ABCMR Record of Proceedings (cont)                                         AR20100029946



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