BOARD DATE: 6 February 2014
DOCKET NUMBER: AR20130009809
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, in effect, his award of the Aircraft Crew Member Badge (currently known as the Aviation Badge).
2. The applicant states he was presented Aviation Wings for combat flights flown in Vietnam of approximately 1,970 or 1,971 flight hours. This award is not shown on his DD Form 214.
3. The applicant provides no additional evidence.
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 enlisted in the Regular Army (RA) on 18 August 1969. He completed training and was awarded military occupational specialty (MOS) 67U (CH-47 helicopter mechanic).
3. He served in Vietnam from 5 April 1970 through 4 April 1971, in MOS 67A (gunner), during two campaigns. He was assigned to the following units from:
* 15 April to 17 December 1970 - 196th Aviation Company
* 19 December 1970 to 8 March 1971 - 242nd Aviation Company
4. He was honorably released from active duty on 28 March 1972. His DD Form 214 lists the:
* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal with Device 1960
* Air Medal
* Army Commendation Medal
5. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record), in addition to the awards already shown on his DD Form 214, lists the Aircraft Crew Member Badge issued by General Orders (GO) Number 10066 on 12 October 1970. It also lists the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).
6. Army Regulation 600-8-22 (Military Awards) authorizes a bronze service star based on qualifying service for each campaign listed in appendix B and states that authorized bronze service stars will be worn on the appropriate campaign or service medal, including the Vietnam Service Medal.
7. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows during his assignment to the 196th Aviation Company, this unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 28 October through 6 December 1970, by DAGO Number 24, dated 1972.
8. DAGO Number 8, dated in 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to the United States Army Vietnam.
DISCUSSION AND CONCLUSIONS:
1. GO awarded the applicant the Aircraft Crew Member Badge during his period of service in Vietnam. Therefore, he is entitled to correction of his DD Form 214 to show this award.
2. He participated in two campaigns while serving in Vietnam. Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.
3. The evidence of record also shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16). Therefore, he is entitled to correction of his DD Form 214 to show this award.
4. GO awarded his units in Vietnam the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, he is entitled to correction of his DD Form 214 to show this award.
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:
* deleting from the applicant's DD Form 214 the Vietnam Service Medal
* adding to his DD Form 214 the:
* Aircraft Crew Member Badge
* Vietnam Service Medal with two bronze service stars
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation Republic of Vietnam Gallantry Cross with Palm Unit Citation
_______ _ 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) AR20130009809
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ABCMR Record of Proceedings (cont) AR20130009809
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