PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           9 May 2002                   
	DOCKET NUMBER:   AR2002069059

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Joann Langston		Chairperson	
	Mr. John N. Slone		Member	
	Mr. Terry L. Placek		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that the Aircraft Crewmember Badge be added to his Report of Transfer or Discharge, DD Form 214.

3.  The applicant states that he received the Distinguished Flying Cross and performed numerous combat flight hours.  He provides a copy of his Air Medal and Distinguished Flying Cross certificates and his Individual Flight Record and Flight Certificate – Army, DA Form 759-1, as supporting evidence.

4.  The applicant’s military records show that he enlisted in the Regular Army on 3 April 1968.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  He completed basic airborne training.

5.  The applicant arrived in Vietnam and was assigned to the 132d Aviation Company on 21 April 1969 as a light weapons infantryman.  He was reassigned to Company B, 123d Aviation Battalion around July 1969.  Special Orders 227, Headquarters, Americal Division dated 15 August 1969 assigned the applicant to nonaviator gunner duty effective 17 July 1969.  General Orders 595, Headquarters, Americal Division dated 16 January 1970 awarded the applicant the Air Medal for meritorious achievement for the period 6 – 30 July 1969.  General Orders 4296, Headquarters, Americal Division dated 28 April 1970 awarded the applicant the Distinguished Flying Cross for heroic actions on        14 January 1970 while performing duties as a door gunner.  

6.  DA Form 759-1 shows the applicant performed flight (first pilot) duties from    5 August 1969 – 23 March 1970 for a total of 385 hours.  

7.  The applicant departed Vietnam on 29 March 1970 after receiving credit for three campaigns.  He was released from active duty on 18 April 1971.  His DD Form 214 does not list the Distinguished Flying Cross or the Aircraft Crewmember Badge and does not show that he is authorized to wear any bronze service stars with the Vietnam Service Medal.  His DD Form 214 was later amended to add the Distinguished Flying Cross.

8.  Army Regulation 600-8-22 provides policy and criteria concerning individual military decorations.  It states that, for permanent award of the Aircraft Crewmember Badge, an individual must be in flying status and have performed in one of several duties (including gunner) for not less than 12 months or is school trained.  An individual who has participated in at least 15 combat missions under probable exposure to enemy fire while serviing in one of those listed principal duties is permanently authorized to wear the Aircraft Crewmember Badge.  At the time, U. S. Army Vietnam (USARV) Regulation 672-1, Appendix X 

stated the same.  DA Form 759 is used to summarize a pilot’s experience.  At the time, Awards and Qualification Record (Air Medal), USARV Form 131, was generally used to record missions for other personnel.  The form would have recorded the primary duty position, the aircraft type, the mission type, the duty performed, and the total hours.  Army Regulation 600-8-22 states that one bronze service star is worn with the appropriate service medal to indicate campaign participation.

9.  Department of the Army Pamphlet 672-3 shows that the 132d Aviation Company was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 24 August – 31 December 1969.  The 123d Aviation Battalion was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 31 March – 30 June 1970.  It states that not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation badge are not authorized, official military personnel and historical records will indicate all awards received.

CONCLUSIONS:

1.  It appears that the applicant’s record of flights and missions were recorded on the incorrect form.  However, the Board concludes that other evidence (the applicant’s being awarded the Air Medal and the Distinguished Flying Cross) substantiates that he met the eligibility criteria of participating in at least 15 combat missions under probable exposure to enemy fire while serving in an authorized position as a gunner to be permanently authorized to wear the Aircraft Crewmember Badge.

2.  The applicant was assigned to two units during a period of time those units were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and so is entitled to wear one of those awards.  Both awards should be listed on his DD Form 214.

3.  The applicant served in Vietnam during three campaigns and so is entitled to wear three bronze service stars with the Vietnam Service Medal.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That the applicant be awarded the Aircraft Crewmember Badge.

2.  That the applicant’s DD Form 214 be amended to delete the Vietnam Service Medal and to show he was awarded the Vietnam Service Medal with three bronze service stars, the Aircraft Crewmember Badge, and two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

BOARD VOTE:  

__jl____  __jns___  __tlp___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Joann Langston
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2002069059	
SUFFIX		
RECON		
DATE BOARDED	20020509	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0118	
2.		
3.		
4.		
5.		
6.