BOARD DATE:	  1 April 2014

		DOCKET NUMBER:  AR20130014095 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Basic Aviation Badge (formerly known as the Aircraft Crew Member Badge) and an additional bronze service star for wear on his previously-awarded Vietnam Service Medal.

2.  The applicant states he completed military occupational specialty (MOS)    67Y (AH-1G Helicopter Repairman) training, was on flight status, and received flight pay from 16 June 1969 through 9 November 1970, while performing duties as a crew chief assigned to the 227th Aviation Battalion.

3.  The applicant provides copies of his DD Form 214 and DA Form 20 (Enlisted Qualification Record).

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.  He enlisted in the Regular Army on 22 November 1968.  He successfully completed training in MOS 67Y and he served in the Republic of Vietnam for the period 16 June 1969 through  15 June 1970, while assigned to Company D, 227th Aviation Battalion, 1st Cavalry Division.

3.  His record contains:

   a.  Special Orders Number 16, issued by Headquarters, U.S. Army Training Center, Infantry, Fort Bragg, NC, dated 16 January 1969, which show he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar   (M-14).

   b.  Special Orders Number 92, issued by Headquarters, U.S. Army Transportation School, Fort Eustis, VA, dated 8 May 1969, which show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).
   
   c.  Special Orders Number 254, issued by Headquarters, 1st Air Cavalry Division, dated 11 September 1969, which show he was ordered to perform hazardous duty in a non-crew member status in connection with duty as a crew chief, effective 15 August 1969.
   
4.  On 3 November 1971, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).  His       DD Form 214 shows he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal   
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal
* 2 overseas service bars

5.  On 29 May 2012, the applicant was issued a DD Form 215 (Correction to     DD Form 214), which shows he was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

6.  On 27 June 2013, he was issued an additional DD Form 215 which added the:

* Army Good Conduct Medal 
* 2 bronze service stars to his Vietnam Service Medal
* Valorous Unit Award
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

7.  His records are void of any orders indicating he was ever recommended for or awarded the Aircraft Crew Member Badge while serving in Vietnam.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  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.  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 three campaigns:  

* Vietnam Summer – Fall 1969
* Vietnam Winter – Spring 1970
* DA Sanctuary Counteroffensive

9.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided the U.S. Army Vietnam awards policy during the Vietnam Era.  Appendix X provided guidance on award for the Aircraft Crew Member Badge.  It stated that to be eligible for this badge, a member must have been on flying status as a crew member or as a non-crew member and must have been qualified and held a principle duty assignment as a crew chief, flight engineer, aircraft maintenance supervisor, observer, gunner, or technical inspector and must have performed those duties for not less than 12 months.

DISCUSSION AND CONCLUSIONS:

1.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, he is entitled to correction of his DD Form 214 to show award of these badges.

2.  Records show the applicant participated in three campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to an additional bronze service star for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show three bronze service stars.

3.  With regard to award of the Basic Aviation Badge, the applicant's contention that he should have been awarded the Aircraft Crew Member Badge was carefully considered.  Orders show he was placed in a non-crew member status in connection with duty as a crew chief effective 15 August 1969.  His records show he departed Vietnam on 15 June 1970.  His records fail to show he served in one of the principle duties listed above that authorized award of the Aircraft Crew Member Badge for not less than 12 months.  In view of the foregoing, there is insufficient evidence to support award of the 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 the following awards to his DD Form 214:

a. deleting the Vietnam Service Medal from his DD Form 214; and

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

* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Vietnam Service Medal with three bronze service stars

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 award of the Basic Aviation 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)                                         AR20130014095





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ABCMR Record of Proceedings (cont)                                         AR20130014095



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