RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           3 February 2004                   
	DOCKET NUMBER:   AR2003088754

	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	
	Ms. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Ms. Regan K. Smith		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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests that his records be corrected to show that he was awarded three Air Medals (AMs) with two being for valor.

2.  The applicant states that he is making this request to ensure his record is correct.

3.  The applicant provides in support of his request:  a copy of his DD Form 214; a copy of General Orders Number 5013, Headquarters, 1st Aviation Brigade, APO San Francisco 96384, dated 13 June 1970, awarding him the AM for meritorious achievement in aerial flight; a copy of the Citation for the AM; and copies of General Orders Numbers 5559 and 10129, Headquarters, 1st Aviation Brigade, APO San Francisco 96384, dated 25 June 1970 and 13 October 1970, awarding him AMs with "V" Devices for heroism while engaged in aerial flight.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an error or injustice which occurred on 5 April 1972.  The application submitted in this case is dated 30 March 2003.  

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant served on active duty in the Regular Army from 11 September 1969 to 5 April 1972.  Initially he was trained in military occupational specialty (MOS) 67N (UH-1 Helicopter Repairer), he was later awarded MOS 67A (Helicopter Door Gunner).

4.  The applicant served in Vietnam from 15 March 1970-14 March 1971.  He served as a door gunner with B Troop, 7th Squadron, 1st Air Calvary from 20 March 1970-31 January 1971.

5.  The applicant's Vietnam service included participation in three campaigns, including the Vietnam Winter-Spring 1970, DA Sanctuary Counteroffensive, and Vietnam Counteroffensive, Phase VII.

6.  The applicant was issued Special Orders Number 121, dated 1 May 1970, and Special Orders Number 22, dated 22 January 1971, Headquarters, 1st Aviation Brigade, requiring that he participate in regular and frequent aerial flight as a non-aviator crewmember.

7.  The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he is authorized award of the Army Commendation Medal (ARCOM), National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), Vietnam Campaign Medal (VCM), three Overseas Service Bars (currently known as Overseas Service Ribbons (OSR's)), the Sharpshooter Marksmanship Qualification Badge (M-14 Rifle), and the Marksman Marksmanship Qualification Badge (M16 Rifle).  

8.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he was never issued the NDSM, VSM, AM, the three OSR's or the 60 Device for wear on the VCM that are shown on his DD Form 214.  

9.  Records show that the applicant was issued the Aircraft Crew Member Badge on 16 February 1970, but it is not shown on his DD Form 214.

10.  The available record contains three orders for award of the AM.  General Orders Number 5013, dated 13 June 1970, awarded the applicant his initial AM for meritorious achievement during the period 19-24 March 1970.  General Orders Number 5559, dated 25 June 1970, awarded the applicant the 2nd AM with "V" Device and General Orders Number 10129, dated 13 October 1970, awarded the applicant his 3rd AM with "V" Device denoting a second award for heroism.  

11.  Army Regulation (AR) 600-8-22 (Military Awards) provides, in pertinent part, that the AM 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.  Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards.  The numeral 3 denotes the third award.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders is required.  This regulation also provides, in pertinent part, that the Aircraft Crew Member Badge may be permanently awarded for successful completion of formal AIT in career management field 67 MOS’s.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant's unit was awarded the Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders (DAGO) Number 11, dated 1973.  DAGO Number 6, dated 1974, awarded the applicant's unit the Vietnam Gallantry Cross Unit Citation with Palm.  Finally, DAGO Number 48, dated 1971, awarded his unit the Meritorious Unit Commendation (MUC).  The applicant's DD 214 is authorized to show these awards.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence supports correcting the applicant's DD Form 214 to show award of the AM with "V" Device and Numeral 3.

2.  The evidence also supports issuing the applicant the Aircraft Crew Member Badge, Vietnam Civil Actions Honor Medal First Class Unit Citation, Vietnam Gallantry Cross Unit Citation with Palm, and the MUC.

BOARD VOTE:

__sac___  __clg___  __rks___  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the applicant is awarded the AM with "V" Device and the Numeral 3, the Aircraft Crew Member Badge, the Vietnam Civil Actions Honor Medal First Class Unit Citation, Vietnam Gallantry Cross Unit Citation with Palm, and the MUC.

			Samuel A. Crumpler
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2003088754	
SUFFIX		
RECON		
DATE BOARDED	20040203	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.	107.0018	
2.	107.0118	
3.		
4.		
5.		
6.