IN THE CASE OF:	  

		BOARD DATE:	  14 May 2015

		DOCKET NUMBER:  AR20140016994 


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 the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Aircraft Crew Member Badge 
* Presidential Unit Citation
* Meritorious Unit Citation
* 3-year stripe

2.  The applicant states:

* he was awarded the Aircraft Crew Member Badge by his commanding officer, 330th Radio Research Company at Pleiko in 1970
* he wore the badge on his uniform for 2 years but it does not show on his DD Form 214
* he was also awarded the Presidential Unit Citation and the Meritorious Unit Citation
* he was told by other unit members that his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation
* he served on active duty for 3 years, 7 months, and 25 days but did not receive the 3-year stripe and it is not listed on his DD Form 214

3.  The applicant provides his DD Form 214.


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 for 4 years on 29 December 1967. He was trained in and held military occupational specialty (MOS) 05D (Special Identification Technical Analyst). 

3.  Special Orders (SO) Number 29, issued by Headquarters, 3rd Basic Combat Training Brigade, U.S. Army Training Center, Fort Ord, CA, on 14 February 1968 awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). 

4.  SO Number 20, issued by U.S. Army Security Agency Training Center and School, Fort Devens, MA on 30 January 1969 awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

5.  His records contain a DA Form 2496 (Disposition Form), dated 4 February 1969, that shows he fired expert with the M-16 rifle. 

6.  He served in Vietnam from 28 February 1969 to 25 February 1970.  He was assigned to 330th Radio Research Company, 313th Radio Research Battalion. 

7.  General Orders (GO) Number 743, issued by Headquarters, I Field Force Vietnam on 4 July 1970, awarded him the Army Commendation Medal. 

8.  GO Number 3, issued by Headquarters, Vint Hill Farms Station, Warrenton, VA on 2 February 1971 awarded him the Army Good Conduct Medal for exemplary behavior, efficiency, and fidelity during the period 29 December 1967 to 28 December 1970. 

9.  He was honorably released from active duty in the rank/grade of specialist five/E-5 on 23 August 1971.  He completed 3 years, 7 months, and 25 days of active service.  His DD Form 214 shows he was awarded or authorized the: 
* National Defense Service Medal
* Army Good Conduct Medal
* Vietnam Service Medal 
* Republic of Vietnam Campaign Medal with 1960 Device
* Army Commendation Medal
* two overseas service bars

10.  His records do not contain special or general orders awarding him the Aircraft Crew Member Badge.  His records also do not contain a flight log or Class III Physical. 

11.  Army Regulation 672-5-1 (Awards), in effect at the time, 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.

	a.  To be eligible for temporary award of this 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 aidman, 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.

	b.  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 are 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 are not personally responsible are entitled to permanent wear of the Aircraft Crew Member Badge.  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.


12.  Army Regulation 600-8-22 (Military Awards) provides for award of the Vietnam Service Medal.  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 from 28 February 1969 to 25 February 1970, participation credit was awarded for the following three campaigns: 

* Tet 69/Counteroffensive, 23 February - 8 June 1969
* Vietnam Summer - Fall 1969, 9 June - 31 October 1969
* Vietnam Winter - Spring 1970, 1 November 1969 - 30 April 1970

13.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows during the period 28 February 1969 to 25 February 1970, the 330th Radio Research Company was cited for the below awards.  

* Meritorious Unit Commendation, for service from 1 July 1968 to 30 June 1969 by DAGO Number 51, dated 1971
* Meritorious Unit Commendation, for service from 1 July 1969 to 31 December 1970 by DAGO Number 43, dated 1971
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 January 1970 to 31 March 1971 by DAGO Number 6, dated 1974

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant's unit two awards of the Meritorious Unit Commendation and one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these awards. 

2.  The 330th Radio Research Company was not awarded the Presidential Unit Citation and the applicant was not assigned or attached to any other unit that was awarded this award.  Therefore, he is not entitled to this portion of the requested relief. 

3.  The applicant was awarded the Vietnam Service Medal.  He also participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to award of three bronze service stars to be affixed to his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.  

4.  His records do not contain orders and he provides none to support his contention that he was awarded the Aircraft Crew Member Badge.  In order to be awarded a permanent award of this badge, he would have had to hold the principal duty assignment as a crew chief in the case of crew chief, electronic sensor system operators, and flight engineer, or as a non-crewmember in the case of observer, medical aidman, gunner, aircraft maintenance supervisor, or technical inspector, had to be on flying status for 12 months, and required to have been qualified based on a Class III physical examination.  Regrettably, there is insufficient evidence to show that he met the requirements for this badge and to grant him this portion of the requested relief. 

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

6.  The applicant refers to a 3-year stripe.  A stripe is an item of clothing, not an award.  He may be referring to the Army Good Conduct Medal which is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity. This period is 3 consecutive years.  The applicant was in fact awarded the Army Good Conduct Medal and it is already listed on his DD Form 214.  No further correction is required. 

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 Vietnam Service Medal
* adding to his DD Form 214 the: 

* Vietnam Service Medal with three bronze service stars
* Meritorious Unit Commendation (2nd Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
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 the Aircraft Crew Member Badge, Presidential Unit Citation, and 3-year stripe.



      _______ _   __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)                                         AR20140016994





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ABCMR Record of Proceedings (cont)                                         AR20140016994



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