IN THE CASE OF:	  

		BOARD DATE:	 23 October 2012 

		DOCKET NUMBER:  AR20120007622 


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 his service in Vietnam as well as the: 

* Vietnam Campaign Medal
* Vietnam Service Medal
* Aircraft Crewmember Badge

2.  The applicant states he served with the 101st Airborne Division in Vietnam but he had to depart on emergency leave.  He did not return to Vietnam.  When the clerk prepared his separation document, he omitted the Vietnam service and requested awards. 

3.  The applicant provides:

* DD Form 214
* Standard Form 46 (U.S. Government Motor Vehicle Operator's Identification Card)
* Special Orders (SO) Number 131 and 343 (reassignment orders)
* SO Number 184 (promotion orders) and 352 (discharge orders)
* Theater Order Number 8-152 (emergency leave orders)
* Alumni roster



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 was inducted into the Army of the United States on 17 November 1970.  He completed basic combat and advanced individual training and he was awarded military occupational specialty 67V (CH-6 Helicopter Repairman).  

3.  SO Number 28, issued by Headquarters, U.S. Army Training Center, Infantry, Fort Dix, NJ, awarded him the Expert Marksmanship Qualification Badge with Rifle (M-16) and Grenade Bars.

4.  His records show he served in Vietnam from 10 May to 21 August 1971.  He was assigned to A Troop, 2nd Squadron, 17th Cavalry.  He departed Vietnam on emergency leave on or about 21 August 1971 and reported to Fort Dix, NJ. 

5.  He was honorably discharged from active duty in the rank/grade of specialist four (SP4)/E-4 on 18 December 1971.  He completed 1 year, 1 month, and 2 days of creditable active service and he had no lost time.  His DD Form 214 shows in:

* Item 22c (Foreign and/or Sea Service) - "0  3  12"  (the overseas theater, in this case U.S. Army Pacific (USARPAC) is not listed)
* Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the National Defense Service Medal
* Item 30 (Remarks) does not show his Vietnam Service

6.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations

	b.  Appendix B shows that during his service in Vietnam, campaign participation credit was awarded for the Vietnam Counteroffensive Phase VII     (1 July 1970 - 30 June 1971) campaign.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

	c.  The Vietnam Campaign Medal (correctly known as the Republic of Vietnam 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.  

7.  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.

8.  A review of the applicant's service record shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.  Furthermore, item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings during his military service.

9.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

10.  Department of the Army General Orders Number 6, dated 1974, awarded the 2nd Squadron, 17th Cavalry the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 March to 19 October 1971.

11.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 of the regulation in effect at the time contains guidance on the preparation of the       DD Form 214:

* item 22c shows the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater service was performed, e.g. "USAREUR, U.S. Army Europe"
* item 24 shows a member's awards and decorations
* item 30 is used for mandatory requirements, when a separate block is not available, and as a continuation entry

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Vietnam from on or about 10 May 1971 to on or about 21 August 1971, a period of 3 months and 12 days.  

	a.  The regulation in effect at the time required the foreign service and last overseas theater be listed in item 22c.  In his case, the foreign service is listed but not the overseas theater.  Therefore, item 22c of his DD Form 214 should be corrected to show the entry "USARPAC." 

	b.  Additionally, there will be no harm to the Army or the applicant if his Vietnam service from 10 May to 21 August 1971 is also listed in item 30 of his DD Form 214. 

2.  Based on his Vietnam service he is entitled to award of the Vietnam Service Medal.  Additionally, he participated in one campaign during this period of service.  Therefore, he is also entitled to a bronze service star to be worn with the Vietnam Service Medal and correction of his DD Form 214 to show this award.

3.  The available evidence confirms he served honorably on active duty during the period 17 November 1970 through 18 December 1971.  He received “excellent” conduct and efficiency ratings throughout his military service, attained the rank/grade of SP4/E-4, and served in combat in Vietnam.  His records contain no derogatory information or evidence that shows he was denied award of the Good Conduct Medal.  Therefore, it would be appropriate to award the applicant the first award of the Good Conduct Medal and to correct his DD Form 214 to show this award.  

4.  SO awarded him the Sharpshooter Expert Marksmanship Qualification Badge with Rifle (M-16) and Grenade Bars which are not shown on his DD Form 214. Therefore, he is entitled to correction of his DD Form 214 to show these awards.

5.  General orders awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation neither of which is shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award. 

6.  The Republic of Vietnam Campaign Medal with "1960" Device requires completion of 6 months of service in Vietnam.  He did not serve a qualifying period of service in Vietnam for this award.  Therefore, he is not entitled to it.

7.  With respect to the Aircraft Crewmember Badge:

	a.  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 crewmember, had to be on flying status for
12 months, and required to have been qualified based on a Class III physical examination.

	b.  Regretfully, he performed duties as an aircraft repairer for a period of less than 12 months.  Additionally, his record is void of evidence that shows he was qualified based on a Class III physical examination while holding the principal duty assignment as a crewmember.  He did not qualify for award of the Aircraft Crewmember Badge.
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:

* adding to item 22c of his DD Form 214 the entry "USARPAC"
* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 17 November 1970 through 18 December 1971
* adding to item 24 of his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Grenade Bar

* Adding to item 30 of his DD Form 214 the entry "Service in Vietnam 10 May 1971 to 21 August 1971"

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 the Vietnam Campaign Medal and the Aircraft Crewmember 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)                                         AR20120007622





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ABCMR Record of Proceedings (cont)                                         AR20120007622



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