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ARMY | BCMR | CY2011 | 20110000564
Original file (20110000564.txt) Auto-classification: Approved

		

		BOARD DATE:	  12 July 2011

		DOCKET NUMBER:  AR20110000564 


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 to be awarded the Aircraft Crewmember Badge, Republic of Vietnam (RVN) Campaign Medal, and National Defense Service Medal (NDSM).

2.  The applicant states the Aircraft Crewmember Badge became retroactive for Vietnam door gunners and he served with the 121st Aviation Company under Military Assistance Command-Vietnam.  He states he served two tours of duty in Vietnam – one tour as a door gunner for 90 days and then as a security guard and a second tour of duty with the 27th Infantry Regiment until he was wounded and sent to Walter Reed Army Medical Center (WRAMC) in Washington, DC.  He also states he should have been awarded the RVN Campaign Medal and the NDSM.

3.  The applicant provides copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and page 3 of his DA Form 20 (Enlisted Qualification Record) showing his record of assignments.

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.  On 6 June 1963, he enlisted in the Regular Army for a period of 3 years.  He completed training as a light weapons infantryman and was transferred to Hawaii on 16 November 1963 for assignment to Company C, 2d Battalion, 27th Infantry Regiment.

3.  On 4 December 1964, he was attached to the 121st Aviation Company in Vietnam for duty as a helicopter gunner.  The record is silent as to how long he was in Vietnam, but it appears to have been continuous from this date.

4.  On 20 May 1965, his unit transferred to Vietnam and he returned to his unit of assignment for duty as an infantryman.  On 20 February 1966, he was wounded in action in Vietnam by a hostile booby trap and was subsequently evacuated to WRAMC.

5.  On 13 June 1966, he was honorably released from active duty (REFRAD) in the rank of sergeant due to the expiration of his term of service.  He completed 3 years and 8 days of active service.  His DD Form 214 issued at the time of his REFRAD shows that he was awarded the Vietnam Service Medal (VSM), Combat Infantryman Badge, Marksman Marksmanship Qualification Badge with Rifle Bar (M-1), Air Medal with one oak leaf cluster, Purple Heart, and Armed Forces Expeditionary Medal.

6.  A review of the applicant's records shows he participated in three campaigns and that he had "excellent" conduct and efficiency ratings throughout his service.  His record is void of any derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM).

7.  The applicant's records contain no flight records or indication of any types of missions flown by the applicant.

8.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided for temporary and permanent award of the Aircraft Crewmember Badge.  Commanders of any unit with Army aircraft assigned could publish orders allowing qualified members of that command to wear the Aircraft Crewmember Badge.  To be eligible for temporary award of the Aircraft Crewmember 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 Crewmember Badge once they fulfilled the regulatory requirements for permanent award of the badge.

9.  For permanent award of the Aircraft Crewmember 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 Crewmember 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 Crewmember Badge.

10.  Army Regulation 600-8-22 states the RVN 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.  Individuals who qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and served for less than 6 months of service but were wounded as a result of hostile action are also entitled to award of the RVN Campaign Medal with Device (1960).

11.  Army Regulation 600-8-22 states the NDSM 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.  

12.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; 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.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.  
13.  Army Regulation 600-8-22 states a bronze service star is authorized based on qualifying service for each campaign listed in appendix B.  The regulation states that bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the VSM.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that during the applicant's assignment, his unit was cited for award of the Valorous Unit Award (VUA), RVN Gallantry Cross with Palm Unit Citation, and RVN Civil Actions Honor Medal First Class Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to awards of the RVN Campaign Medal with Device (1960) and NDSM has been noted and was found to have merit.  He served during a qualifying period for those awards and is entitled to have those awards added to his records at this time.

2.  The applicant served in three campaigns in Vietnam during the period his unit was awarded the VUA, RVN Gallantry Cross with Palm Unit Citation, and RVN Civil Actions Honor Medal First Class Unit Citation.  Accordingly, he is entitled to wear three bronze service stars on his already-awarded VSM and to have the VUA, RVN Gallantry Cross with Palm Unit Citation, and RVN Civil Actions Honor Medal First Class Unit Citation added to his records.

3.  A review of the applicant's records also shows he had "excellent" conduct and efficiency ratings throughout his service and his records contain no derogatory information that would serve to disqualify him for the AGCM (1st Award).  Therefore, it appears the failure to award him the AGCM (1st Award) was the result of an administrative error.  Accordingly, he should be awarded this medal for the period 6 June 1963 to 5 June 1966 while serving in the rank of sergeant (SGT) and his DD Form 214 should be corrected accordingly.

4.  However, there is insufficient evidence in the available records to show the applicant qualified for award of the Aircraft Crewmember Badge.  Therefore, in the absence of evidence to show he qualified for award of the Aircraft Crewmember Badge during his brief temporary duty tour in Vietnam, there appears to be no basis to award it at this time.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x__  __x______  ___x_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* awarding him the AGCM (1st Award) for the period of 6 June 1963 to 5 June 1966 while serving in the rank of SGT
* deleting the VSM from his DD Form 214
* adding the AGCM (1st Award), VSM with three bronze service stars, NDSM, RVN Campaign Medal with Device (1960), VUA, RVN Gallantry Cross with Palm Unit Citation, and RVN Civil Actions Honor Medal First Class Unit Citation to his DD Form 214

2.  The Board further determined 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 awarding him the Aircraft Crewmember Badge.

3.  The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to the United States 
during the Vietnam War.  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)                                         AR20110000564



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ABCMR Record of Proceedings (cont)                                         AR20110000564



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