BOARD DATE:	  25 March 2014

		DOCKET NUMBER:  AR20130013466 


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 Aircraft Crewman Badge (currently known as the Basic Aviation Badge).

2.  The applicant states he served as a helicopter crew chief from May to October 1969 and flew 289 combat hours.

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 on 18 October 1968 for a period of 2 years.  He completed basic training at Fort Polk, Louisiana, and advanced individual training as a helicopter repairman at Fort Eustis, Virginia, before being transferred to Vietnam on 29 April 1969 for assignment to Troop C, 3rd Squadron, 17th Cavalry Regiment.

3.  On 24 June 1969, he was placed on crewman flight status.  His flight records show he logged 289 flight hours and participated in 60 missions until he was injured in an aircraft fueling accident on 10 October 1969 in which he received second and third-degree burns to 11 percent of his body.  He was immediately medically evacuated to the 1066th General Hospital in Japan.  On 24 November 1969, he was further evacuated to Tripler Army Medical Center in Hawaii.

4.  On 2 March 1970, he was transferred to Fort Hood, Texas, where he remained until he was honorably released from active duty due to the expiration of his term of service.  He completed 1 year, 11 months, and 29 days of active service of which 5 months and 15 days were served in Vietnam.  His DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, and Air Medal.

5.  A review of his military records failed to show orders awarding him the Aircraft Crewman Badge.  However, his records do show he was awarded the Air Medal, Air Medal with 1st Oak Leaf Cluster (or 2nd Award) with "V" Device, and Air Medal (3rd through 14th Award).

6.  His military records also show he had "excellent" conduct and efficiency ratings throughout his service and his records are void of any derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal.

7.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided for temporary and permanent award of the Aircraft Crewman Badge.  Commanders of any unit with Army aircraft assigned could publish orders allowing qualified members of that command to wear the Aircraft Crewman Badge.  To be eligible for temporary award of the Aircraft Crewman Badge, an individual had to be on flying status in the case of crew chiefs, electronic sensor system operators, and flight engineers or as a non-crewman in the case of observers, medical aidmen, gunners, aircraft maintenance supervisors, or technical inspectors.  Individuals were also required 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 were authorized to wear the badge temporarily until relieved from those duties or they could be authorized permanent wear of the Aircraft Crewman Badge once they fulfilled the regulatory requirements for permanent award of the badge.

8.  For permanent award of the Aircraft Crewman 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 were 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 were not personally responsible were entitled to permanent wear of the Aircraft Crewman Badge.  Further, an individual who 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 was entitled to permanent award of the Aircraft Crewman Badge.

9.  Army Regulation 600-8-22 (Military Awards) states Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal (e.g., the Numeral 2 denotes the second award of the Air Medal).

10.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal.  The applicant had served during two campaigns.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he served with the unit.

12.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Vietnam as a crew chief and flew enough missions to qualify for award of the Aircraft Crewman Badge (currently known as the Basic Aviation Badge).  Accordingly, it should be awarded at this time and added to his DD Form 214.

2.  The applicant served during two campaigns in Vietnam and thus is authorized to wear two bronze service stars on his already-awarded Vietnam Service Medal and to have these service stars added to his DD Form 214.

3.  The applicant was also awarded the Air Medal with 1st Oak Leaf Cluster (or 2nd Award) with "V" Device and Air Medal (3rd through 14th Award) (currently shown as Numeral 14).  Therefore, he is entitled to have these awards added to his DD Form 214.

4.  A review of the applicant's records shows he had "excellent" conduct and efficiency ratings throughout his period of service and his records contain no derogatory information that would serve to disqualify him for the first award of the Army Good Conduct Medal.  Therefore, it appears that the failure to award him this medal was the result of an administrative error.  Accordingly, he should be awarded the Army Good Conduct Medal (1st Award) for the period 18 October 1968 to 16 October 1970 and his DD Form 214 should be corrected to show this award.

5.  Additionally, his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he served with the unit.  Therefore, he is entitled to have these unit awards added to his DD Form 214.

BOARD VOTE:

___X_____  ___X_____  __X__  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* awarding him the Army Good Conduct Medal (1st Award) for the period 18 October 1968 to 16 October 1970
* awarding him the Basic Aviation Badge
* deleting award of the Air Medal and Vietnam Service Medal from his DD Form 214
* adding the following awards to his DD Form 214 –

* Air Medal with Numeral 14 and "V" Device
* Vietnam Service Medal with two bronze service stars
* Basic Aviation Badge
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

2.  The Board wants the applicant and all others to know the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      ___________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)                                         AR20130013466



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ABCMR Record of Proceedings (cont)                                         AR20130013466



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