IN THE CASE OF:	  

		BOARD DATE:	  15 October 2014

		DOCKET NUMBER:  AR20150003804


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 military records by showing he was awarded the Aircraft Crew Member Badge (ACMB) and listing it on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states he flew as a door gunner from 22 June to 3 December 1971 in the Republic of Vietnam (RVN).

3.  The applicant provides copies of his:

* DD Form 214
* DA Form 20 (Enlisted Qualification Record) (page 3 only)

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.  On 18 August 1970 the applicant was inducted into the Army of the United States.  He was trained as an infantryman.

3.  Special Orders Number 314, Fort Lewis Washington, dated 10 November 1970 announced the applicant’s award of the Expert Marksmanship Qualification Badge with Pistol Bar.

4.  Special Orders Number 329, Fort Lewis Washington, dated 25 November 1970 announced the applicant’s award of the Expert Marksmanship Qualification Badge with Machinegun Bar.

5.  On or about 7 February 1971, the applicant departed Fort Lewis for duty in the RVN.  His records show from:

   a.  17 to 28 February 1971 he served as an infantryman with Company D, 2nd Battalion, 12th Cavalry, 1st Cavalry Division;

   b.  1 to 26 March 1971 he served as an infantryman with Company A, 2nd Battalion, 12th Cavalry, 1st Cavalry Division; and
   
   c.  27 March to 21 June 1971 he served as an infantryman with Troop A, 1st Squadron, 9th Cavalry Regiment, 1st Cavalry Division.
   
6.  On 27 April 1971 the applicant was promoted to sergeant, pay grade E-5.
   
7.  Special Orders Number 218, 12th Combat Aviation Group, dated 6 August 1971, announced the applicant’s non-aviator-crewmember status effect 8 July 1971.  His DA Form 20 shows he performed duty as a door gunner from 22 June to 3 December 1971, with Headquarters and Headquarters Troop (HHT), 3rd Squadron, 17th Cavalry Regiment, 12th Combat Aviation Group.

8.  The applicant’s flight records show he completed a total of 242 flying hours consisting of 75 combat missions from 1 July to 20 November 1971.
   
9.  On 4 December 1971 he was assigned as a rifleman with Company A, 2nd Battalion, 502nd Infantry Regiment (1 day only).
	
10.  On or about 5 December 1971 to 16 January 1972, he was assigned as a rifleman with Company D, 2nd Battalion, 327th Infantry Regiment.



11.  On 17 January 1972 the applicant departed the RVN.  On 19 January 1972, he was released from active duty.  His DD Form 214 shows his awards as:

* National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* Republic of Vietnam Campaign Medal with 1960 Device
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

12.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that his conduct and efficiency ratings were excellent.  The applicant’s records do not contain any evidence of disciplinary action.  There is no evidence to show his commander took action to deny him the Army Good Conduct Medal (AGCM).

13.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS), failed to reveal any orders awarding the applicant the Air Medal or any other decoration.  ADCARS is an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command.

14.  Army Regulation 600-8-22 (Military Awards):

   a.  Provides that the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly, for example personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

   b.  Appendix B of this regulation shows that based on the applicant's dates of service in the RVN, he participated in the following three campaign periods: the Vietnam Counteroffensive, Phase VII; the Consolidation I; and the Consolidation II.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

15.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided for temporary and permanent award of the ACMB.

	a.  Commanders of any unit with Army aircraft assigned could publish orders allowing qualified members of that command to wear the ACMB.  To be eligible for temporary award of the ACMB an individual had to be on flying status as a crew chief, electronic sensor system operator, or flight engineer; 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 ACMB once they fulfilled the regulatory requirements for permanent award of the badge.

	b.  For permanent award of the ACMB, 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 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 ACMB.

   c.  The AGCM was awarded to enlisted Soldiers who had completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "unknown" for portions of the period under consideration are not disqualifying.
   
16.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided guidelines for award of the Air Medal.  It defined terms and provided guidelines for the award based upon the number and types of missions or hours.  Twenty-five Category I missions (air assault and equally dangerous missions) and accrual of a minimum of 25 hours of flight time while engaged in Category I missions was the standard established for which sustained operations were deemed worthy of recognition by an award of the Air Medal.

17.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the RVN.

   a.  This publication shows that Company A, 2nd Battalion, 12th Infantry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 42, dated in 1972 for award of the RVN Gallantry Cross with Palm Unit Citation.
   
   b.  This publication shows HHT, 3rd Squadron, 17th Cavalry Regiment, during the time of the applicant’s assignment, was cited in DAGO Number 54, dated in 1974 for award of the RVN Gallantry Cross with Palm Unit Citation.

	c.  This publication states not more than one RVN Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received for different periods of service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected by showing he was awarded the ACMB and the award should be shown on his 
DD Form 214 because he served as a door gunner in the RVN.

2.  Special orders and military records show the applicant was placed on crew member status and served as a door gunner for about 6 months.  During this period, he flew 242 combat hours and completed 75 combat missions.  Therefore, he met the qualifications for permanent award of the ACMB.

3.  Based on his combat flight hours and completion of 75 combat missions, it would be appropriate to award the applicant the Air Medal with Numeral 3 for his meritorious achievement while participating in aerial flight from 1 July to 
20 November 1971.

4.  The applicant’s records clearly show that he distinguished himself in the performance of his military service as evidenced by his attaining the rank of sergeant and achieving all "excellent" conduct and efficiency ratings.  Therefore, it is presumed that he did not receive the AGCM for his service due to an oversight.  Accordingly, he should be awarded this medal.

5.  Records show the applicant participated in three campaign periods during his service in the RVN.  Therefore, he is eligible to wear three bronze service stars on his already-awarded Vietnam Service Medal.

6.  Records show the applicant served in two different units at the time they were awarded the RVN Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show these two foreign unit awards.

7.  Special Orders show that the applicant was awarded the Expert Marksmanship Qualification Badge with Machinegun and Pistol Bars.  Therefore, his records should be corrected to show this badge.

BOARD VOTE:

___X_____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding him the Air Medal with Numeral 3 for meritorious achievement during the period 1 July to 20 November 1971;

	b.  awarding him the Army Good Conduct Medal for the period 18 August 1970 to 19 January 1972;

	c.  deleting from his DD Form 214 the “VSM”; and

	d.  showing in addition to the awards already shown on his DD Form 214, that his awards include:

* Air Medal with Numeral 3
* Army Good Conduct Medal
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2 Awards)
* Aircraft Crew Member Badge
* Expert Marksmanship Qualification Badge with Machinegun and Pistol Bars




      ____________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)                                         AR20110020295



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ABCMR Record of Proceedings (cont)                                       AR20150003804



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