IN THE CASE OF:	

		BOARD DATE:	    20 March 2014

		DOCKET NUMBER:  AR20130010731 


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 award of the Aviation Badge and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

2.  He states the requested awards were omitted.  He served with the 371st Radio Research Company, Army Security Agency, attached to the 1st Cavalry Division from July 1969 to July 1970 in Vietnam.  The 371st Radio Research Company was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  He also would like to know if qualifies for the Army Basic Aviation Badge for his service with the 371st Radio Research Company.  He repaired and maintained airborne and ground-based signal intercept systems during this period. 

3.  The applicant provides:

* DD Form 214
* DD Form 215 (Correction to DD Form 214 - Certificate of Release or Discharge from Active Duty)
* Certificate and citation for award of the Air Medal
* Extract of Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register)
* Internet printout regarding the origins of the Army Security Agency


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 show he enlisted in the Regular Army on 19 March 1968.  He was trained in and held military occupational specialty 33C (Intercept Recoding Systems Repairman).  He served in Vietnam with the 371st Radio Research Company from 2 July 1969 to 1 July 1970.  

3.  He was honorably released from active duty on 8 December 1971.  His DD Form 214 as amended by his DD Form 215 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal with three bronze service stars
* Vietnam Campaign Medal with 1960 Device
* Two overseas service bars
* Air Medal
* Army Commendation Medal
* Bronze Star Medal
* Good Conduct Medal
* Meritorious Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

4.  DA Pamphlet 672-3 shows during his tenure with the 371st Radio Research Company in Vietnam this unit was awarded the:

* Valorous Unit Award, 1 May to 29 June 1970, based on DA General Orders (DAGO) Number 43, dated 1972
* Meritorious Unit Commendation, 1 August 1968 to 30 September 1969, based on DAGO Number 51, dated 1971
* Meritorious Unit Commendation, 1 October 1969 to 31 December 1970, based on DAGO Number 43, dated 1972
* Republic of Vietnam Gallantry Cross with Palm Unit Citation, 23 June 1969 to February 1970, based on DAGO Number 11, dated 1973
* Republic of Vietnam Gallantry Cross with Palm Unit Citation, 21 February 1970 to 28 February 1971, based on DAGO Number 42, dated 1972
* Republic of Vietnam Gallantry Cross with Palm Unit Citation, 1 January 1970 to 3 March 1971, based on DAGO Number 6, dated 1974
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, 23 June 1969 to 1 February 1970, based on DAGO Number 42, dated 1972,
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation,   1 January 1969 to 10 April 1971, based on DAGO Number 6, dated 1974

5.  DA Pamphlet 672-3 states not more than one Republic of Vietnam Gallantry Cross with Palm 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.  However, in the case of duplicate awards covering the same period of time only one award will be recorded in official military and historical records.

6.  Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance on 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, campaign participation credit was awarded for the:

* Vietnam Summer - Fall 1969, 9 June - 31 October 1969
* Vietnam Winter - Spring 1970, 1 November 1969 - 30 April 1970
* Sanctuary Counteroffensive, 1 May - 30 June 1970
* Vietnam Counteroffensive Phase VII, 1 July 1970 - 30 June 1971

7.  Army Regulation 600-8-22 authorizes permanent award of the Basic Aviation Badge to individuals upon successful completion of advanced individual training (AIT) in career management fields (CMF) 67 (aircraft maintenance) and 93 (aviation operations) and to Soldiers who previously completed AIT in CMF 28 (aviation communications and electronic systems maintenance).  Permanent award of the Basic Aviation Badge is also authorized for Soldiers holding a 68 series (aircraft components repair) MOS; Soldiers holding MOS's 35L, 35M, 35Q, and 35W who graduated from AIT in CMF 67 prior to 30 September 1996; Soldiers holding MOS 93C or MOS 93P who graduated from AIT in CMF 93 after 31 December 1985; Soldiers holding MOS 93B who graduated from AIT in CMF 93 prior to 1 January 1998; and Soldiers previously holding MOS 93D who graduated from a CMF 93 AIT prior to 30 September 1996 based on documented AIT after 31 December 1985.  In all cases, successful completion of AIT or prior AIT is required.

8.  The Army changed the name Aircraft Crew Member Badge (formerly Aircraft Crewman Badge) in 2000 to the Aviation Badge and changed the criteria for award of the Basic, Senior, and Master Aviation Badges.  The Basic Aviation Badge may be permanently awarded based on several different criteria.  For permanent award of the Basic Aviation Badge, an individual must be on flying status in accordance with Army Regulation 600-106 (Flying Status for Nonrated Army Aviation Personnel) or be granted a waiver by the U.S. Army Human Resources Command be on flying status (qualified by a class III flight physical), have performed in-flight duties for not less than 12 months (not necessarily consecutive) or by logging not less than 48 flight hours (whichever comes first), or be school trained.

DISCUSSION AND CONCLUSIONS:

1.  DAGO awarded his unit in Vietnam, the 371st Radio Research Company, multiple unit awards during its service in Vietnam: 

	a.  Two awards of the Meritorious Unit Commendation.  His DD Form 214 only listed one award and listed it by the name it was known with at the time, Meritorious Unit Citation.  As a matter of clarity, this entry should be deleted and he should also be entitled to correction of his DD Form 214 to show two awards of the Meritorious Unit Commendation.  

	b.  Three awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, from 23 June 1969 to February 1970, from 21 February 1970 to 28 February 1971, and 1 January 1970 to 3 March 1971.  Two of these three awards have overlapping dates.  In the case of duplicate awards covering the same period of time only one award will be recorded in official military and historical records.  His DD Form 214, as amended by his DD Form 215, only listed one award.  Although he is only authorized to wear one, his DD Form 214 should be corrected to show two awards.

	c.  Two awards of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  However, the periods are overlapping.  His DD Form 214 did not list any.  His DD Form 214 should be corrected to show one award.  


2.  The applicant was awarded the Vietnam Service Medal and credited with three bronze service stars to designate his campaign participation in three campaigns.  However, during his service in Vietnam, campaign credit was awarded for 4 campaigns.  Therefore, he is entitled to four instead of three bronze service stars to be affixed to his already-awarded Vietnam Service Medal. 

3.  With respect to the Aviation Badge, he does not meet the criteria for this badge.  He neither held/performed in a qualifying MOS for the minimum number of months nor is there evidence that he had a qualifying flight physical. 

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:

* deleting from his DD Form 214 the:

* Vietnam Service Medal with three bronze service stars
* Meritorious Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

* adding to his DD Form 214 the 

* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Meritorious Unit Commendation (2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

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 Aviation Badge or its addition to his DD Form 214. 




      _______ _   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)                                         AR20130010731



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ABCMR Record of Proceedings (cont)                                         AR20130010731



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