IN THE CASE OF:	  

		BOARD DATE:	  29 May 2014

		DOCKET NUMBER:  AR20130016841 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his awards of the Air Medal with 18 oak leaf clusters, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Aircraft Crewman Badge.

2.  The applicant states his DD Form 214 does not reflect his awards of the Air Medal with 18 oak leaf clusters, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Aircraft Crewman Badge.  He was a helicopter door gunner.

3.  The applicant provides a copy of an email to the National Personnel Records Center.

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 was inducted on 26 August 1966.  He completed his basic training at Fort Gordon, Georgia and his advanced individual training as a light weapons infantryman at Fort Jackson, South Carolina before being transferred to Vietnam on 5 February 1967 for assignment to Troop D, 1st Squadron, 4th Cavalry Regiment, 1st Infantry Division.

3.  He was awarded the Combat Infantryman Badge in Special Orders Number 153, issued by Headquarters, 1st Infantry Division on 2 June 1967.

4.  On 11 September 1967, General Orders Number 6615, issued by Headquarters, 1st Infantry Division awarded the applicant the Air Medal with first oak leaf cluster (OLC) and “V” Device.

5.  General Orders Number 944, issued by Headquarters, 1st Infantry Division on 5 February 1968 awarded the applicant the Air Medal with 18 OLCs.

6.  After serving in three campaigns he departed Vietnam on 5 February 1968 and was transferred to Fort Hood, Texas where he remained until he was honorably released from active duty (REFRAD) due to the expiration of his term of service (ETS) on 23 August 1968.  He had served 1 year, 11 months, and 28 days of active service.  His DD Form 214 issued at the time of his REFRAD shows he was awarded the Vietnam Service Medal with three bronze service stars, Republic of Vietnam Campaign Medal, National Defense Service Medal, Army Commendation Medal, and Air Medal with one bronze OLC.

7.  A review of his official records failed to show that the applicant was ever awarded the Aircraft Crewman Badge.  Additionally, his records do not contain flight records to indicate the number and type of missions he participated in.  However, his records show that he received “excellent” conduct and efficiency ratings throughout his service and is void of any derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM).

8.  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-crewmember 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.  

9.  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.

10.  Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, stated the AGCM 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.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows his unit was cited for awards of the Valorous Unit Award (VUA) and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period the applicant served with the unit.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Air Medal with “V” Device and 18 OLCs and the CIB and is entitled to have them added to his DD form 214.

2.  His unit was also awarded the VUA and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit and is entitled to have those awards added to his DD Form 214.


3.  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 AGCM.  Therefore, it appears that the failure to award him the first award of the AGCM was the result of an administrative error.  Accordingly, he should be awarded the AGCM (1st Award) for the period 26 August 1966 to 23 August 1968 and his DD Form 214 should be corrected to show this award.

4.  The sincerity of the applicant’s contention that he was awarded the Aircraft Crewman Badge is not in doubt; however, he has failed to show through the evidence or record and the evidence submitted with his application that he was awarded the Aircraft Crewman Badge as a permanent award.  Additionally, there is insufficient evidence to establish that he met the criteria for a permanent award of the Aircraft Crewman Badge.  Therefore, lacking such evidence, there appears to be no basis to add that award to his DD Form 214.

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 the award of the Air Medal with one bronze oak leaf cluster from his DD Form 214
* Awarding him the AGCM (first award) for the period 26 August 1966 to 23 August 1968
* Adding the Air Medal with “V” Device and 18 OLCs, CIB, AGCM (first award), VUA, and Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214



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 adding the award of the Aircraft Crewman Badge to his DD Form 214.

3.  The Board wants the applicant and all others to know that 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)                                         AR20130016841





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ABCMR Record of Proceedings (cont)                                         AR20130016841



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