IN THE CASE OF:  	  	  

		BOARD DATE:  18 September 2014  	  

		DOCKET NUMBER:  AR20140002925 


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 four separate applications, that his records be corrected to show he is awarded the Combat Infantryman Badge (CIB), Air Medal with “V” Device and 11 oak leaf clusters (11 OLCs), Bronze Star Medal (BSM), Purple Heart, and Aircraft Crew Member Badge (now known as the Aviation Badge).

2.  The applicant states that he should be awarded the CIB for his service with Company A, 2nd Battalion, 327th Infantry.  He was awarded the Air Medal with “V” Device and 11 OLCs that are not reflected on his DD Form 214.  He was recommended for awards of the BSM and Purple Heart due to his valor and injuries received during the battle of Fire Support Base Ripcord when he was struck by shrapnel from enemy fire while evacuating Soldiers.  He was never issued his Aircraft Crew Member Badge for his duties as a door gunner. 

3.  The applicant provides copies of his DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge), citation for award of the Army Commendation Medal (ARCOM), letter awarding him the “Brave Eagle Coin,” orders awarding him the Air Medal with “V” Device and 11 OLCs, and his enlistment and reenlistment contracts.

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 27 November 1968 for a period of 3 years.  He completed his basic training at Fort Leonard Wood, Missouri and his advanced individual training as an infantryman at Fort McClellan, Alabama and was transferred to Vietnam on 22 July 1969.

3.  He was initially assigned to Company A, 2nd Battalion, 327th Infantry Regiment for duty as a rifleman.  

4.  On 16 September 1969, he was honorably discharged for the purpose of immediate reenlistment and reenlisted on 17 September 1969 for a period of      3 years and duty in Army Career Group 67 (Door Gunner).  On 21 September 1969, he was transferred to Company B, 101st Aviation Battalion for duty as a door gunner where he served as a door gunner for 10 months and 24 days.  

5.  He served in four campaigns and departed Vietnam on 14 August 1970 for assignment to Fort Riley, Kansas where he remained until he was honorably released from active duty (REFRAD) on 15 December 1972.  He had served       3 years, 9 months, and 8 days of total active service and had 101 days of lost time due to being absent without leave (AWOL) (from 11 November 1969 through 23 February 1970).  His DD Form 214 issued at the time of his REFRAD shows he was awarded the National Defense Service Medal, Air Medal, Vietnam Service Medal, Vietnam Campaign Medal with Device (1960), and his marksmanship badges.

6.  A review of his official records failed to show evidence of the applicant being wounded or recommended for or being awarded the CIB, BSM, Purple Heart, or the Aircraft Crew Member Badge.  Additionally, the applicant’s name is not contained on the Vietnam Casualty Listing.

7.  The orders provided by the applicant with his application show he was awarded the ARCOM and the Air Medal with “V” Device and 11 OLCs.

8.  Army Regulation 600-8-22 (Military Awards) states the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  

9.  Army Regulation 600-8-22 states the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

10.  Army Regulation 600-8-22 states the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS).  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  

11.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided for temporary and permanent award of the Aircraft Crew Member Badge.  Commanders of any unit with Army aircraft assigned could publish orders allowing qualified members of that command to wear the Aircraft Crew Member Badge.  To be eligible for temporary award of the Aircraft Crew Member 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 Crew Member Badge once they fulfilled the regulatory requirements for permanent award of the badge.  

12.  For permanent award of the Aircraft Crew Member 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 Crew Member 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 Crew Member Badge.  

13.  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 the 101st Aviation Battalion was awarded the Valorous Unit Award (VUA).  2nd Battalion, 327th Infantry 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.

14.  Army Regulation 600-8-22 states a bronze service star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal.  In this case it is the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the ARCOM and the Air Medal with “V” Device and 11 OLCs and is entitled to have those awards added to his DD Form 214.

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

3.  Additionally, his unit(s) was awarded the VUA, 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(s) and he is entitled to have those awards added to his DD Form 214.

4.  The applicant’s contention that he should be awarded the CIB for the period he served with an infantry unit in Vietnam has been noted; however, he has failed to show through the evidence of record and the evidence submitted with his application that he met the criteria for award of the CIB during the 37 days he was assigned to an infantry unit.  Therefore, there appears to be no basis to award him the CIB at this time.

5.  The applicant’s contention that he should be awarded the BSM for valor and Purple Heart for wounds received has also been noted; however, the record is silent and the applicant has provided no evidence to show that he was recommended for either of those awards or that he was wounded and treatment was made a matter of record.  Therefore, in the absence of such evidence there appears to be no basis to award them at this time.
6.  The applicant’s contention that he should have been awarded the Aircraft Crew Member Badge has also been noted.  While he was authorized a temporary award of the Aircraft Crew Member Badge while he was serving as a door gunner or crew chief, he served as a door gunner during the period 21 September 1969 to 14 August 1970 and was AWOL for 101 days of that period.  A period of 1 year of aviation duty was required for permanent award of the Aircraft Crew Member Badge.  Accordingly, it appears he was not eligible for that award.

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 awards of the Air Medal and Vietnam Service Medal from his DD Form 214 for the period ending 15 December 1972
* Adding the Air Medal with “V” Device and 11 OLCs, Vietnam Service Medal with four bronze service stars, ARCOM, VUA, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation his DD Form 214 for the period ending 15 December 1972

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 awarding him the BSM, Purple Heart, and Aircraft Crew Member Badge.





3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War.  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)                                         AR20140002925





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ABCMR Record of Proceedings (cont)                                         AR20140002925



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