IN THE CASE OF:	  

		BOARD DATE:	    1 November 2011

		DOCKET NUMBER:  AR20110009590 


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 29 September 1971 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the complete name of the "ArAvBad" as the Army Aviator Badge.

2.  The applicant states the entry "ArAvBad" can be interpreted as either the Army Aviator Badge or the Army Aviation Badge.  A 2 February 2004 National Personnel Records Center (NPRC) letter incorrectly determined the award to be an Aviation Badge.

3.  The applicant provides copies his DD Form 214, a DD Form 215 (Correction to DD Form 214), two DA Forms 759 (Flight Record and Flight Certificate-Army), a 2 February 2004 NPRC award entitlement letter, 23rd Infantry Division General Orders Number 11067, a DA Form 67-5 (U.S. Army Officer Efficiency Report), and printouts of Internet descriptions of the Aviator Badge and Aviation Badge.

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 are incomplete.  The available record contains information primarily after his commissioning and post-Vietnam service.  Information related to the applicant's duty assignments and his awards and decorations are incomplete.

3.  The applicant's period of service (active and inactive) spans from February 1963 through February 1984.  He served in the Regular Army; U.S. Army Reserve; and Army National Guard in an enlisted, warrant officer, and commissioned officer status.

4.  An 18 December 1964 DD Form 214 shows award of the Marksman Marksmanship Qualification Badge with Rifle Bar.

5.  On 10 October 1966 he was discharged to accept appointment as a warrant officer with a concurrent call to active duty.  His DD Form 214 for this period shows award of the Marksman Marksmanship Qualification Badge with Pistol Bar.

6.  The applicant's record contains DA Forms 759 (Individual Flight Record and Flying Certificate) covering the period February 1966 through February 1983.  During his two periods of service in Vietnam, he is shown to have 2,152 total hours of flight time (as a pilot) and to have flown 438 combat missions (1,672 hours) while assigned to:

	a.  the 162nd Assault Helicopter Company from 23 November 1966 through 10 December 1966;

	b.  the 155th Assault Helicopter Company from 20 December 1966 through 15 June 1968; and

	c.  Company A, 123rd Aviation Battalion, 23rd Infantry Division, from 8 April 1971 through 16 September 1971.

7.  On 2 December 1969, the applicant was discharged to accept appointment as a commissioned officer.  His DD Form 214 for his warrant officer service is not available.

8.  The applicant's 29 September 1971 DD Form 214 shows:

	a.  1981 (Rotary Wing Aviator) in item 23a (Specialty Number and Title);

	b.  abbreviations for the following awards in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized):  National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Vietnam Service Medal, Bronze Star Medal, Army Aviator Badge, Valorous Unit Award, Republic of Vietnam Gallantry Cross with Silver Star, Republic of Vietnam Gallantry Cross with Bronze Star (2nd Award), Distinguished Flying Cross, and Air Medal with 25th Oak Leaf Cluster;

	c.  service in Vietnam from 13 November 1966 through 27 June 1968 and 4 March 1971 through 25 September 1971.

9.  A DA Form 2-1 (Personnel Qualification Record – Part II) shows:

	a.  in item 9 (Awards, Decorations, and Campaigns), award of the Army Aviator Badge, National Defense Service Medal, Air Medal with 25th Oak Leaf Cluster, Distinguished Flying Cross, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Bronze Star Medal, Republic of Vietnam Gallantry Cross with Bronze Star (2nd Award), and Republic of Vietnam Gallantry Cross with Silver Star; and

	b.  in item 13 (Pilot Ratings), rating as an Army aviator effective 11 October 1966.

10.  The applicant's record contains authorization to accept and wear the Republic of Vietnam Gallantry Cross with Silver Star and orders awarding two Distinguished Flying Crosses and the Air Medal for the periods as follows:

* 27 November 1966 to 7 December 1966 (1st Award)
* 28 January 1967 to 7 April 1967 (2nd through 6th Oak Leaf Cluster)
* 10 April 1967 to 15 June 1968 (7th through 25th Oak Leaf Cluster)

11.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, revealed orders for the applicant's Air Medal (7th through 25th Oak Leaf Cluster) and a 2 October 1971 Distinguished Flying Cross orders.

12.  NPRC issued a DD Form 215 on 28 January 2004 deleting the "DFC" and "AM (25th OLC)" from the applicant's 29 September 1971 DD Form 214 and adding the "Distinguished Flying Cross with one oak leaf cluster," "Air Medal with Numeral 26," and "Republic of Vietnam Gallantry Cross Unit Citation with Palm."
13.  The 2 February 2004 NPRC letter states the applicant's authorized awards as the "Distinguished Flying Cross with one bronze oak leaf cluster, Bronze Star Medal, Air Medal with Numeral 26, National Defense Service Medal, Vietnam Service Medal with one bronze service star and one silver service star, Republic of Vietnam Campaign Ribbon with Device (1960), Marksman Marksmanship Qualification Badge with Pistol Bar, and Aviation Badge."  It also states he is authorized the "Republic of Vietnam Gallantry Cross with Palm Unit Citation and with Silver Star."

14.  The first badge to recognize U.S. military aviators was issued in 1907 and was called the Military Aviator Badge.  With the creation of the U.S. Air Force, the Army created a specific Army Aviator Badge.  In 1950 the badge was expanded to two levels (aviator and senior aviator) with the master aviator level being added in 1957.  The criteria for the three levels is as shown:

	a.  Basic Aviator – for individuals who satisfactorily completed the prescribed training and proficiency tests conducted by the U.S. Army Aviation Center and receive the designation as an aviator;

	b.  Senior Aviator – for individuals who accrued 1,000 flying hours in aircraft and 7 years from their basic rating date; and

	c.  Master Aviator – for individuals who accrued 2,000 hours in aircraft and 15 years from their basic rating date.

15.  The Aircrew Badge was created during World War II for personnel who served with or on aircraft as non-aviator crewmembers, on flight status, and non-crewmembers performing flying duties.  The Aircrew Badge became inactive (as an Army award) in 1947 with the creation of the U.S. Air Force, but was reinstated during the Korean War under the name of the Aircraft Crewman Badge.  The name was changed in the 1990's to the Aircraft Crew Member Badge and again changed in 2000 to the current name of Aviation Badge.

16.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized based on qualifying service for each designated campaign listed in appendix B and that authorized service stars will be worn on the appropriate campaign or service medal.  A silver service star is authorized in lieu of five bronze service stars.  Based on the applicant's dates of service in Vietnam, he participated during the following six campaigns:  Vietnam Counteroffensive Phase II (1 July 1966-31 May 1967), Vietnam Counteroffensive Phase III (1 June 1967-29 January 1968), Tet Counteroffensive (30 January 1968-1 April 1968), Vietnam Counteroffensive Phase IV ( 2 April 1968-30 June 1968), Vietnam Counteroffensive Phase VII (1 July 1970-30 June 1971), and Consolidation I (1 July 1971-30 November 1971).

17.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows that while the applicant was assigned to:

	a.  the 162nd Assault Helicopter Company , it was cited for award of the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation;

	b.  the 155th Assault Helicopter Company, it was cited for award of the Meritorious Unit Commendation and Republic of Vietnam Gallantry Cross with Palm Unit Citation; and

	c.  Company A, 123rd Aviation Battalion, 23rd Infantry Division, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

18.  Department of the Army Pamphlet also states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.

19.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214 and states all awards and decorations for all periods of service are to be listed in the priority sequence specified in Army Regulation 600-8-22.  Each entry is to be verified by the Soldier's records and abbreviations are not to be used.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states the entry "ArAvBad" can be interpreted as either the Army Aviator Badge or the Army Aviation Badge.  A 2 February 2004 NPRC letter incorrectly listed his award as the Aviation Badge.

2.  Although the NPRC letter is not a document this Board is authorized to correct, it does contain a number of errors and omissions that need to be addressed, especially as it resulted in the generation of an incorrect and incomplete DD Form 215.

3.  The applicant's record shows he completed aviator training in 1966 and was authorized award of the Basic Aviator Badge at that time.

4.  At the time of the applicant's service, the Aviation Badge was called the Aircraft Crewman Badge and would not have been abbreviated as shown on his DD Form 214.  It was not until 2000 that the new name (Aviation Badge) was adopted.  Therefore, the abbreviation on the 1971 DD Form 214 cannot be said to represent award of the Aviation Badge.

5.  NPRC improperly changed the applicant's Army Aviator Badge ["ArAvBad" as shown on his DD Form 214] to the Aviation Badge.  It is appropriate to correct this error.

6.  The NPRC letter states the applicant is authorized the Marksman Marksmanship Qualification Badge with Pistol Bar, but failed to include this on the DD Form 215.  Additionally, it did not include the fact that the applicant also qualified as Marksman with the rifle.

7.  The applicant is shown to have served in Vietnam during six campaigns and is authorized to wear one silver and one bronze service star on his Vietnam Service Medal.  The 1971 DD Form 214 does not include these accoutrements and it is appropriate to correct this error.

8.  The applicant's record contains orders showing he was awarded a total of 26 Air Medals.  It is appropriate to correct his 1971 DD Form 214 to reflect the proper number of these awards.

9.  The NPRC letter states the applicant was authorized the Republic of Vietnam Gallantry Cross Unit Citation with Palm and with Silver Star.  This is an improper combination of the unit citation of the Republic of Vietnam Gallantry Cross Unit Citation with Palm and the individual award of the Republic of Vietnam Gallantry Cross with Silver Star.

10.  Each of the three units the applicant served with in Vietnam was authorized award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  While only one may be worn, it is appropriate to show all awards as the Republic of Vietnam Gallantry Cross Unit Citation with Palm (3rd Award) on the 1971 DD Form 214.

11.  In addition to the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the applicant's record includes evidence that he received two individual awards of the Republic of Vietnam Gallantry Cross with Bronze Star and one individual award of the Republic of Vietnam Gallantry Cross with Silver Star.  It is appropriate to ensure that these awards are properly identified and included in the applicant's list of authorized awards.

12.  In addition to the awards listed on the applicant's 29 September 1971 DD Form 214 and subsequent DD Form 215, he is also authorized the Meritorious Unit Commendation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

13.  The 29 September 1971 DD Form 214 failed to carry forward the applicant's awards of the Marksman Marksmanship Qualification Badge with Rifle and Pistol Bars from his earlier DD Forms 214.  It is appropriate to correct this oversight.

14.  The applicant's 29 September 1971 DD Form 214 improperly used abbreviations for the applicant's awards and omitted several of the applicant's awards.  With these errors and omissions, combined with the errors on the DD Form 215, it would be appropriate correct the applicant's record by deleting the entire award entries from item 24 of the 29 September 1971 DD Form 214 and voiding the DD Form 215.

15.  The applicant's records should be corrected to show his awards as the Distinguished Flying Cross (2nd Award), Bronze Star Medal, Air Medal with Numeral 26, National Defense Service Medal, Vietnam Service Medal with one silver and one bronze service star, Republic of Vietnam Gallantry Cross with one Silver Star and two Bronze Stars, Republic of Vietnam Campaign Medal with Device (1960), Valorous Unit Award, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation (3rd Award), Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Army Aviator Badge, and Marksman Marksmanship Qualification Badge with Rifle and Pistol Bars.

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.  voiding the 28 January 2004 DD Form 215;

	b.  deleting the entire award entries from item 24 of the 29 September 1971 DD Form 214; and

	c.  adding the following awards to item 24 of the 29 September 1971 DD Form 214:  Distinguished Flying Cross (2nd Award), Bronze Star Medal, Air Medal with Numeral 26, National Defense Service Medal, Vietnam Service Medal with one silver and one bronze service star, Republic of Vietnam Gallantry Cross with one Silver Star and two Bronze Stars, Republic of Vietnam Campaign Medal with Device (1960), Valorous Unit Award, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation (3rd Award), Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Army Aviator Badge, and Marksman Marksmanship Qualification Badge with Rifle and Pistol Bars.



      _______ _  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)                                         AR20110009590



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110009590



8


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1