BOARD DATE:	  22 January 2015

		DOCKET NUMBER:  AR20140009371 


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 the following:

* award of an Aircraft Crew Member Badge (currently known as the Aviation Badge) and its addition to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* correction of this DD Form 214 to show his two awards of the Army Commendation Medal
* correction of his DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) by adding the Air Medal with "V" Device

2.  The applicant states that upon his review and separation/completion of service his qualification for the Aircraft Crew Member Badge was overlooked.  This was a badge he earned during his active duty and should be awarded.  He is requesting correction of his DD Form 214 to show the two awards of the Army Commendation Medal he was issued on 13 May 1970 and 17 July 1970.  

3.  The applicant provides copies of the following:

* DA Form 20 (Enlisted Qualification Record)
* two Army Commendation Medal certificates
* DD Form 214
* letter from the National Personnel Records Center (NPRC)
* Army Board of Correction of Military Records (ABCMR) Record of Proceedings
* DD Form 215 
* information on the Aircraft Crewman Badges

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 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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.

2.  The applicant's military records are not available to the Board for review.  However, there was sufficient documentation for the Board to conduct a fair and impartial review of this case.

3.  The available military records show he enlisted in the Regular Army on 24 July 1968.  He completed basic and advanced individual training and was awarded military occupational specialty (MOS) 76Q (Special Purpose Equipment Repair Specialist).  

4.  He served in Vietnam from 9 May 1969 through 8 May 1970, during four campaigns.  He was assigned to the following units:

* 126th Supply and Service (S&S) Company from 14 May 1969 to 31 July 1969, in MOS 76Q
* 226th S&S Company from 1 August 1969 to 9 November 1969, in MOS 76Q
* 23rd Adjutant General Administrative Company on 10 November 1969, in MOS 76Q
* 176th Aviation Company from 11 November 1969 to 6 April 1970, in MOS 67A (door gunner)

5.  General Orders (GO) Number 1720, dated 21 February 1970, awarded him the Army Commendation Medal for meritorious achievement in Vietnam on 26 January 1970.  He provided a copy of the resulting certificate.

6.  GO Number 3512, dated 5 April 1970, awarded him the Army Commendation Medal for meritorious service in Vietnam from May 1969 through May 1970.  He provided a copy of the resulting certificate.

7.  He was released from active duty in pay grade E-4 on 23 July 1971.   He was credited with completing 3 years of net active service.  His DD Form 214 lists the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Army Commendation Medal
* Air Medal

8.  Item 41 (Decorations and Awards) of his DA Form 20 list all the awards shown on his DD Form 214 and the following:

* two overseas service bars
* Army Commendation Medal with 1st Oak Leaf Cluster (OLC)
* Air Medal with "V" Device; no GO Number is listed and indicated it was not issued
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

9.  He also provided a copy of a letter, dated 20 July 2006, wherein the NPRC advised him of his entitlement to all the awards listed on his DD Form 214 and the following awards:

* Air Medal with "V" Device
* Army Commendation Medal with 1st Oak Leaf Cluster (OLC)
* Vietnam Service Medal with 3 bronze service stars
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Army Commendation Medal with 1st OLC

10.  On 28 March 2013, in response to his request for correction of his DD Form 214 to show the Meritorious Unit Commendation, the ABCMR recommended correction of his DD Form 214 to lists the:

* Army Good Conduct Medal
* Vietnam Service Medal with 4 bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Meritorious Unit Commendation (2nd Award)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

11.  On 18 April 2013, he was issued a DD Form 215 listing the foregoing awards.

12.  He further provided a copy of information on the Aircraft Crewman Badge which stated the criteria for award of the Basic, Senior, and Master Aircraft Aviation Member Badges. 

13.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of HRC, failed to reveal any orders were published authorizing award of the Air Medal with "V" Device to the applicant.

14.  U.S. Army Vietnam Regulation 672-5-1 (Military Awards) governed the military awards program in Vietnam during the Vietnam War.  That regulation provided for temporary and permanent award of the Aircraft Crew Member Badge.  The regulation authorized the commander of any unit with Army aircraft assigned to 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 as a crew chief 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.  The regulation also required individuals 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 are authorized to wear the badge temporarily until relieved from these duties or they may be authorized permanent wear of the Aircraft Crew Member Badge once they have fulfilled the regulatory requirements for permanent award of the badge.  

15.  The regulation also specified that 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.  Further, an individual who has 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 is entitled to permanent award of the Aircraft Crew Member Badge.

16.  Army Regulation 600-8-22 (Military Awards) states the bronze "V" Device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with awards of the Air Medal.  

17.  Title 10 of the U.S. Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration.  Based upon such review, the Secretary shall determine the merits of approving the award.

18.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  Commander,  U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  The unit must be clearly identified, along with the period of assignment and the recommended award.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request.  The burden and costs for researching and assembling supporting documentation rest with the applicant.

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant two awards of the Army Commendation Medal on 21 February and 5 April 1970, respectively.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  With regard to correction of his DD Form 215 to show award of the Air Medal with "V" Device:

   a.  Notwithstanding his DA Form 20 listing the Air Medal with "V" Device, the DA Form 20 does not show any GO Number and indicated this award was not issued.   A review of ADCARS failed to reveal orders awarding him the Air Medal with "V" Device.

   b.  In the absence of orders awarding him the Air Medal with "V" Device, there is insufficient evidence in the available record and the evidence provided by the applicant to add the "V" Device to his Air Medal and to his DD Form 214.  

   c.  Pertinent regulations also show that formal recommendations, approval through the chain of command, and announcement in orders are required for award of the Air Medal with "V" Device.  While the available evidence is insufficient for awarding him Air Medal with “V” Device, this in no way affects his right to pursue his claim for this award by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

3.  With regard to award of an Aircraft Crew Member Badge and its addition to his DD Form 214:

   a.  By regulation, an individual must have performed in those duties for not less than 12 months or must have been school trained for a principal duty as a gunner.  He served with the 176th Aviation Company from 10 November 1969 to 6 April 1970, a period of less than 12 months, as door gunner.  He was trained in MOS 76Q.  

   b.  By regulation, temporary wear of the Basic Aviation Badge is authorized until relieved from such duty or until such time as he/she fulfills the mandatory requirements for permanent award.  Also, by regulation, an individual is required to be qualified for the award based on a Class III physical examination.
   
   c.  There is no available evidence of record and he did not provided sufficient evidence showing he met the criteria for award, to include being qualified based on a Class III physical examination, of the permanent Aircraft Crew Member Badge during the period of service in Vietnam.  Therefore, there is insufficient evidence on which to base an award of the Aircraft Crew Member Badge in this case and its addition 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 from his DD Form 214 the Army Commendation Medal
* adding to this DD Form 214 the Army Commendation Medal (2nd Award)

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 Air Medal with "V" Device and Aircraft Crew Member Badge (currently knows as the Aviation Badge) and their 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)                                         AR20140009371





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ABCMR Record of Proceedings (cont)                                         AR20140009371



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