IN THE CASE OF:	  

		BOARD DATE:	  18 October 2011

		DOCKET NUMBER:  AR20110006176 


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 reconsideration of the Army Board for Correction of Military Records (ABCMR) decision denying correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show two awards of the Air Medal and the Basic Aviation Badge (formerly known as the Aircraft Crew Member Badge).

2.  The applicant states he is providing copies of orders for two Air Medals that are not entered on his DD Form 214.

3.  The applicant provides:

* DD Form 214
* Air Medal and Air Medal with 1st Oak Leaf Cluster orders
* Air Medal and Air Medal with 1st Oak Leaf Cluster Certificates
* Air Medal and Air Medal with 1st Oak Leaf Cluster Citations

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20100012938 on 10 November 2010.

2.  The orders and citations for the award of the Air Medal and Air Medal with 1st Oak Leaf Cluster are new evidence which requires his case to be reconsidered by the ABCMR.

3.  He was inducted into the Army of the United States on 2 March 1967.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

4.  Headquarters, Fort Polk, Fort Polk, LA, Special Orders 140, dated 1 June 1967 awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

5.  He was assigned to the 2nd Squadron, 17th Cavalry, in the Republic of Vietnam from 10 December 1967 to 2 January 1969.

6.  Headquarters, 101st Airborne Division, Special Orders Number 180, dated 28 June 1968, withdrew his MOS 11B and awarded him MOS 11D (Armor Intelligence Specialist).

7.  A letter from Headquarters, U.S. Army Vietnam, dated 14 November 1968, subject:  Authorization for Individual Foreign Award, authorized the applicant to accept and wear the Republic of Vietnam Gallantry Cross with Bronze Star presented to him by the Government of the Republic of Vietnam.

8.  On 6 January 1969, he was released from active duty.  He completed 1 year, 10 months, and 5 days of active service that was characterized as honorable.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or is authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* Parachutist Badge
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal
* Bronze Star Medal

9.  There is no evidence the applicant received 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.  Records do not show indiscipline or lost time.  His records do not contain any adverse information and he received conduct and efficiency ratings of "excellent" throughout his service.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists unit citations awarded during the Vietnam Conflict.

	a.  During the time of the applicant's assignment to the 2nd Squadron, 17th Cavalry, the unit was awarded the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation (19 April-15 August 1968)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (15 August 1968-14 May 1969)

	b.  Not more than one Republic of Vietnam Gallantry Cross with Palm Unit Citation will be worn by any individual.  However, although wear of multiple awards of this unit citation is not authorized, official military personnel and historical records will indicate all awards received.

11.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The numeral 2 denotes the second award of the Air Medal.

	b.  Based on his dates of service in Vietnam, table B-1 (Campaigns, Service Requirements, and Inscriptions Prescribed for Streamers) shows he participated in the following campaigns:

* Vietnam Counteroffensive Phase III (1 June 1967-29 January 1968)
* Tet Counteroffensive (30 January-1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April-30 June 1968)
* Vietnam Counteroffensive Phase V (1 July-1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969

	c.  The award of a bronze service star is authorized based on qualifying service for each campaign listed in table B-1.  A silver service star is worn instead of five bronze service stars.  Authorized service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.

12.  Army Regulation 672-5-1 (Military Awards), in effect at the time, prescribed Army policy, criteria, and administrative instruction concerning individual and unit military awards.

	a.  The Army Good Conduct Medal was awarded, 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.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

	b.  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.

	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.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence the applicant met the requirements for award of the Aircraft Crew Member Badge.  Therefore, he is not entitled to this award.

2.  Orders show he was awarded the Air Medal and Air Medal with 1st Oak Leaf Cluster.  Therefore, the Air Medal with Numeral 2 should be added to his DD Form 214.

3.  The applicant's records do not show indiscipline or lost time and he received conduct and efficiency ratings of "excellent" throughout his military service.  Therefore, the preponderance of evidence shows the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 2 March 1967 through 6 January 1969 ending with the termination of a period of Federal military service.

4.  He participated in five campaigns during his service in Vietnam.  Therefore, he is authorized one silver service star to be worn on his Vietnam Service Medal.

5.  He was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Therefore, this award should be added to his DD Form 214.

6.  He was approved to accept and wear the Republic of Vietnam Gallantry Cross with Bronze Star.  Therefore, this award should be added to his DD Form 214.

7.  Based on his service with 2nd Squadron, 17th Cavalry, he is authorized two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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 partial amendment of the ABCMR's decision in Docket Number AR20100012938, dated 10 November 2010.  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 2 March 1967 through 6 January 1969 and

	b.  amending item 24 of his DD Form 214 by adding:

* Air Medal with Numeral 2
* Army Good Conduct Medal (1st Award)
* a silver service star to be worn on his Vietnam Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Republic of Vietnam Gallantry Cross with Bronze Star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)

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 the Basic Aviation 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)                                         AR20110006176



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ABCMR Record of Proceedings (cont)                                         AR20110006176



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