IN THE CASE OF:	

		BOARD DATE:	  23 January 2014

		DOCKET NUMBER:  AR20130009350 


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 Air Medal, Army Good Conduct Medal, Aircraft Crew Member Badge, campaign stars, and any unit citations he may be authorized.

2.  The applicant states some of these awards became available and were awarded after his discharge from the service.

3.  The applicant provides a copy of his Air Medal Citation.

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 military records show:

	a.  He was inducted into the Army of the United States on 13 March 1967.

	b.  He was awarded military occupational specialty 31M (Radio Relay Operator).

	c.  He served in the Republic of Vietnam (RVN) from on or about 24 September 1967 to 12 October 1968.

	d.  He was assigned to the following units during his tour of duty in the RVN:

* 156th Signal Platoon, 196th Light Infantry Brigade, as a radio relay operator from 29 September 1967 to 15 January 1968
* 167th Signal Company (Radio Relay) as a radio relay operator from 18 January to 22 May 1968
* 176th Aviation Company as a door gunner from 27 May to 12 October 1968

	e.  Headquarters, 1st Aviation Brigade, General Orders Number 6514, dated 1968, awarded him the Air Medal for meritorious achievement while participating in aerial flight during the period 29 May to 2 June 1968.  The applicant's first name is incorrectly spelled; however, the service number and social security number listed on these orders are those of the applicant.

	f.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service.

	g.  He was honorably released from active duty on 16 October 1968 in the temporary rank/pay grade of specialist four (SP4)/E-4.

3.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* RVN Campaign Medal with Device (1960)
* Vietnam Service Medal
* two overseas service bars

4.  His records are void of any other derogatory information, convictions by a court-martial, or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (1st Award).

5.  The applicant's records are void of documentation showing he was awarded the Aircraft Crew Member Badge (currently known as the Basic Aviation Badge).

6.  Army Regulation 672-5-1 (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.

7.  Army Regulation 672-5-1, in effect at the time, stated that for permanent award of the Aircraft Crew Member Badge, an individual must have performed 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 for not less than 12 months (not necessarily consecutive) or must have been school trained for a principal duty specified above.

8.  Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance for award of the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following four campaigns:

* Vietnam Counteroffensive Phase III (1 June 1967 to 29 January 1968)
* Tet Counteroffensive (30 January to 1 April 1968)
* Vietnam Counteroffensive, Phase IV (2 April to 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July to 1 November 1968)

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during his assignment in the RVN the 167th Signal Company was awarded the:

	a.  Meritorious Unit Commendation for the period 1 May 1967 to 31 January 1968 by Department of the Army General Orders (DAGO) Number 54, dated 1968; and

	b.  RVN Gallantry Cross with Palm Unit Citation for the period 1 August 1965 to 16 April 1971 by DAGO Number 54, dated 1974.



DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show award of the Air Medal, Army Good Conduct Medal, Aircraft Crew Member Badge, campaign stars, and any unit citations he may be authorized.

2.  General orders awarded the applicant the Air Medal.  Therefore, his DD Form 214 should be corrected to show this award.

3.  The evidence of record confirms the applicant served honorably from 13 March 1967 to 16 October 1968.  He served in the RVN, attained the rank of SP4, and received all "excellent" conduct and efficiency ratings throughout his service.  His record is void of a commander's disqualification or any other derogatory information that would have disqualified him from receiving the Army Good Conduct Medal (1st Award).  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.

4.  His unit in the RVN was cited for award of the Meritorious Unit Commendation and RVN Gallantry Cross with Palm Unit Citation during his tour of duty.  Therefore, his DD Form 214 should be corrected to show these unit awards.

5.  He participated in four campaigns during his service in the RVN.  Therefore, he is entitled to four bronze service stars for wear on his previously-awarded Vietnam Service Medal.

6.  The records show he performed duties as a door gunner and a radio relay operator while assigned in the RVN.  However, there is no evidence the applicant served in a qualifying duty position for at least 12 months (not necessarily consecutive).  As a result, there is insufficient evidence to award him the Aircraft Crew Member Badge.

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 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:

	a.  awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 13 March 1967 to 16 October 1968 and

   b.  adding the following awards to his DD Form 214:

* Air Medal
* Army Good Conduct Medal (1st Award)
* four bronze service stars to be affixed to his previously-awarded Vietnam Service Medal
* Meritorious Unit Commendation
* RVN Gallantry Cross with Palm Unit Citation

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 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)                                         AR20130009350



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ABCMR Record of Proceedings (cont)                                         AR20130009350



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