IN THE CASE OF:	  

		BOARD DATE:	    23 February 2012

		DOCKET NUMBER:  AR20110015109 


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 his earlier request for award of the:

* award of the Aircraft Crew Member Badge (now known as the Aviation Badge)
* correct number of bronze service stars for campaign participation credit

2.  The applicant states:

* he performed more than 25 combat hours in Vietnam and he was awarded the Air Medal
* during training in Hawaii for the Shot Gun Platoon, he had a Class III physical which should be in his medical records
* he was trained as an aerial door-gunner with the Shot Gun Platoon
* he participated in six campaigns during his service in Vietnam
* he was a Military Police (MP) officer with the 560th MP Company for base security and a standby door-gunner; he was an MP – not a security guard

3.  The applicant provides:

* General Orders Number 369, certificate, and citation awarding him the Air Medal
* Listing of Vietnam campaigns
* Printout of the "Shot Gun Platoon"


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 Army Board for Correction of Military Records (ABCMR) in Docket Number AR20110000564, dated 12 July 2011.

2.  The applicant provides the general orders and certificate that awarded him the Air Medal, a listing of Vietnam campaigns, and a printout of the "Shot Gun Platoon," which were nor previously considered by the ABCMR and, as such, warrant consideration by the Board.

3.  The applicant's records show he enlisted in the Regular Army on 6 June 1963 and he held military occupational specialty (MOS) 11B (Light Weapons Infantryman).  

4.  Subsequent to completion of MOS training, he was assigned to Company C, 2nd Battalion, 27th Infantry, Schofield Barracks, HI, as a light weapons infantryman, effective 16 November 1963.  

5.  On 4 December 1964, he was attached to the 121st Aviation Company, Vietnam, as a helicopter gunner.  

6.  He provides a certificate that shows he was awarded the Air Medal for meritorious achievement while participating in aerial flight from 5 December 1964 to 21 December 1964.

7.  On 5 March 1965, Headquarters, U.S. Army Support Command, Vietnam, published general Orders Number 369 awarding him the Air Medal (1st Oak Leaf Cluster) for meritorious achievement while participating in aerial flight from 27 December 1964 to 1 January 1965.  The citation stated – in pertinent part – "During this time he actively participated in more than twenty five aerial missions over hostile territory in support of counterinsurgency operations."

8.  On 20 May 1965, his unit was transferred on a permanent change of station, from Hawaii to Vietnam.  Item 38 (Record of Assignment) of his DA Form 20 (Enlisted Qualification record) shows the following entries:

* 20 May 1965: he was assigned to Company C, 2nd Battalion, 27th Infantry, Schofield Barracks, HI, as a light weapons infantryman, enroute to Vietnam
* 16 January 1966:  he was assigned to Company C, 2nd Battalion, 27th Infantry, as a light weapons infantryman, in Vietnam  
9.  On 20 February 1966, he was wounded in action.  He was evacuated to Walter Reed Army Medical Center.   He remained there until he was honorably released from active duty on 13 June 1966.  

10.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* Vietnam Service Medal
* Combat Infantryman Badge
* Marksman Marksmanship Qualification Badge with Rifle (M-1) Bar
* Air Medal (1st Oak Leaf Cluster)
* Purple Heart
* Armed Forces Expeditionary Medal

11.  On 13 July 2011, the Board granted him partial relief in that it found insufficient evidence to support awarding him the Aircraft Crew Member Badge but corrected his records by awarding him the:

* Army Good Conduct Medal (1st Award)
* Three bronze service stars to be affixed to the Vietnam Service Medal
* National Defense Service Medal
* Republic of Vietnam Campaign Medal with "1960" Device
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation

12.  He submitted an internet printout pertaining to the birth of the Shot Gun Platoon.  The U.S. military in Vietnam needed door gunners to man automatic weapons to protect helicopters in Vietnam.  The 25th Infantry Division trained and sent gunners for short periods of time usually 90 days.

13.  The applicant's records do not contain official orders awarding him the Aircraft Crew Member Badge.

14.  Army Regulation 672-5-1 (Awards), in effect at the time, provided for temporary and permanent award of the Aircraft Crew Member Badge.  The regulation authorized the commander of any unit with Army aircraft assigned to publish orders allowing qualified members of that command to wear the Aircraft Crew Member Badge.

	a.  To be eligible for temporary award of this badge an individual had to be on flying status as a crew chief 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.  The regulation also required individuals 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 are authorized to wear the badge temporarily until relieved from these duties or they may be authorized permanent wear of the Aircraft Crew Member Badge once they have fulfilled the regulatory requirements for permanent award of the badge.

	b.  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 are 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 are not personally responsible are entitled to permanent wear of the Aircraft Crew Member Badge.  Further, an individual who has 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 is entitled to permanent award of the Aircraft Crew Member Badge.

15.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows during his service in Vietnam, campaign participation credit was awarded for the below campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star denotes five bronze service stars:

* Vietnam Advisory Campaign; 15 March 1962 - 7 March 1965
* Vietnam Defense Campaign; 8 March - 24 December 1965
* Vietnam Counteroffensive; 25 December 1965 - 30 June 1966

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be awarded the Aircraft Crew Member Badge, should receive additional bronze service stars, and his records should reflect him as an MP.  There is insufficient evidence to support any of his contentions.   

2.  With respect to the Aircraft Crew Member Badge, the applicant does not meet the criteria for this award.  In order to be awarded a permanent award of this badge, he would have had to hold the principal duty assignment as a gunner, had to be on flying status for 12 months, and required to have been qualified based on a Class III physical examination.  
	a.  the applicant's attachment to the 121st Aviation Company, as a helicopter gunner, on 4 December 1964 and his subsequent award of the Air Medal (1st Oak Leaf Cluster) are not in question.  However, his DA Form 20 shows he reverted back to his parent unit, Company C, 2nd Battalion, 27th Infantry, as a light weapons infantryman – not a door gunner- when the unit arrived in Vietnam in May 1966. 

	b.  he was a door gunner from December 1965 to May 1966, a period of less than 12 months.  Additionally, his records is void of evidence that shows he was qualified based on a Class III physical examination while holding the principal duty assignment as a gunner or that he was school trained in an aviation MOS. 

	c.  the available evidence shows he was a rifleman, not a door gunner, when he was wounded and subsequently evacuated on 20 February 1966.  Additionally, the performance of 15 or more combat missions does not negate the need to perform in the principal duty of a gunner for at least 12 months and must also be medically qualified. 

3.  With respect to the campaign participation, the applicant was appropriately awarded three bronze service stars to be affixed to his Vietnam Service Medal:

	a.  he arrived in Vietnam on 4 December 1964 (date of attachment to the 121st Aviation Company) and departed on or about 20 February 1966 (date wounded in action). 

	b.  during this period of service, campaign participation credit was awarded for the Vietnam Advisory Campaign (15 March 1962 - 7 March 1965), Vietnam Defense Campaign (8 March - 24 December 1965), and Vietnam Counteroffensive (25 December 1965 - 30 June 1966).  

	c.  the listing of campaigns he provides in not an official listing and contains campaigns that are not listed in the governing Army regulation. 

4.  With respect to his specialty, the applicant was trained in and held an infantry MOS.  He was neither formally trained as an MP nor awarded an MP MOS.  His performance of security detail or roving patrol in Vietnam does not qualify him for the MP MOS.  He may have been attached to or under the operational control of the 560th MP Company but that does not automatically qualify him for an MP MOS.




BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x___  ____x___  ____x___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20110000564, dated 12 July 2011.



      _______ _   __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)                                         AR20110015109





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ABCMR Record of Proceedings (cont)                                         AR20110015109



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