IN THE CASE OF:	  

		BOARD DATE:	  29 September 2011

		DOCKET NUMBER:  AR20110004548 


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 award of the Army Commendation Medal (ARCOM) with Oak Leaf Cluster and "V" Device, and the Aircraft Crew Member Badge.

2.  The applicant states he was never issued the Aircraft Crew Member Badge; but should have been.  He was directed to wear this badge while serving with the 25th Aviation Battalion.

3.  The applicant provides copies of his DD Form 214, orders and certificates for award of the ARCOM with Oak Leaf Cluster and "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.  On 18 October 1968, the applicant was inducted into the Army of the United States.  He completed his initial training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  On 29 March 1968, the applicant departed Fort Ord, California for duty in the Republic of Vietnam (RVN).

	a.  On 1 May 1969, he was assigned as a rifleman with the 2nd Battalion, 27th Infantry Regiment, 25th Infantry Division.

	b.  On 13 July 1969, the applicant reenlisted in the Regular Army.  He opted for duty as a door gunner.

	c.  On 19 July 1969, he was assigned as a door gunner with the 25th Aviation Battalion.

	d.  General Orders Number 2376, 25th Infantry Division, dated 27 February 1970, awarded him the ARCOM for meritorious service during the period from April 1969 to April 1970.

	e.  On 30 March 1970, he departed the RVN.

	f.  General Orders Number 3762, 25th Infantry Division, dated 11 April 1970; as subsequently amended by General Orders Number 4548, dated 24 April 1970, awarded him the ARCOM with "V" Device (First Oak Leaf Cluster).

4.  On 12 May 1970, the applicant was assigned for duty as a drill sergeant at Fort Leonard Wood, Missouri.  On 26 October 1970, he was reassigned for duty as an administrative specialist.

5.  On 21 January 1972, the applicant was released from active duty.  He had attained the rank of specialist four, pay grade E-4 and had completed a total of 
3 years, 3 months and 4 days of creditable active duty service.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, lists his awards as:

* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar
* RVN Campaign Medal with 1960 Device
* Vietnam Service Medal with three bronze service stars
* Combat Infantryman Badge
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.

	a.  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.

	b.  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.

	c.  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.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 25th Aviation Battalion, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 48,dated in 1971 for award of the Valorous Unit Award.  This publication also shows that the 2nd Battalion, 27th Infantry Regiment during the time of the applicant's assignment, was cited in DAGO Number 5, dated in 1973 for award of the RVN Gallantry Cross with Palm Unit Citation; and in DAGO Number 51, dated in 1971 for award of  the RVN Civil Actions Honor Medal First Class Unit Citation.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Army Commendation Medal (ARCOM) with Oak Leaf Cluster and "V" Device, and the Aircraft Crew Member Badge.

2.  The evidence of record clearly shows that the applicant served as a door gunner with the 25th Aviation Battalion for approximately 8 1/2 months.  During this period of service, he was properly required to wear the Aircraft Crew Member Badge as a part of his uniform.  However, the regulatory guidance required a minimum of 12 months service as a door gunner, or completion of no less than 15 combat missions for permanent award of this badge.  There is no available evidence of record showing that the applicant met either of these requirements; or that he had completed any school training for a qualifying duty position.  Therefore, his request for permanent award of this badge should be denied.

3.  However, if the applicant has, or is able to obtain documentation such as flight records, showing he completed 15 or more combat missions as a door gunner, he may submit another application for consideration of the Aircraft Crew Member Badge.

4.  General orders clearly show that he applicant was awarded the ARCOM with Oak Leaf Cluster and "V" Device.  Therefore, this award should be shown on his DD Form 214.

5.  The applicant’s unit was cited in general orders for award of the Valorous Unit Award.  Therefore, his records should be corrected to show this unit award.

6.  The applicant’s unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation.  Therefore, his DD Form 214 should be corrected to show these foreign unit awards.

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 that all Department of the Army records of the individual concerned be corrected by showing, in addition to the awards already shown on his DD Form 214, that he was awarded the:

* Army Commendation Medal with Oak Leaf Cluster and "V" Device
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation

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 permanent award of the Aircraft Crew Member Badge.





      ________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)                                         AR20110004548





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ABCMR Record of Proceedings (cont)                                         AR20110004548



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