RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           9 December 2003
	DOCKET NUMBER:   AR2003091570

	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. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. Mark D. Manning		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Ms. Eloise C. Prendergast		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 correction of his records to show award of the "Combat Aviation Badge" (correctly known as the Aircraft Crew Member Badge) and the Air Medal.

2.  The applicant states that he served a full tour of duty as an UH-1 Huey Mechanic in the 174th Aviation Company, 16th Combat Aviation Battalion, 23rd Infantry Division in 1971 in Chu Lai, Vietnam.

3.  The applicant did not provide any documents in support of his application.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an error which occurred on 24 August 1973.  The application submitted in this case is dated 23 May 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 enlisted in the Regular Army on 27 August 1970 for a period of three years.  He successfully completed advanced individual training and was awarded military occupational specialty (MOS) 67N (UH-1 Helicopter Repairman).  He served as a UH-1 helicopter repairman in Vietnam from 19 March 1971 through 29 January 1972.  He has no record of any disciplinary actions.  His DA Form 20 (Enlisted Qualification Record) shows his conduct and efficiency ratings as "excellent" throughout his period of service.  

4.  The applicant was honorably released from active duty on 24 August 1973 after completion of 2 years, 11 months, and 28 days of active military service with no days of lost time.

5.  The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, and the Republic of Vietnam Campaign Medal as authorized awards.

6.  There are no orders which show the applicant was awarded the Air Medal.  His DA Form 20 does not list the Air Medal in item 41 (Awards and Decorations). There are no flight hours recorded in the applicant’s personnel records.  There also is no evidence that he met the qualifications for or was recommended for award of the Air Medal. 

7.  Item 38 (Record of Assignments) on the applicant's DA Form 20 shows he served with the 174th Aviation Company, 14th Combat Aviation Battalion from 26 March 1971 through 6 November 1971 and with the 344th Transportation Company from 7 November 1971 through 29 January 1972 during his tour in Vietnam.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that, at the time of the applicant’s assignment to the 174th Aviation Company, 14th Combat Aviation Battalion, this unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 42, dated 1972.

9.  Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant’s assignment to the 344th Transportation Company, this unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 32, dated 1973.

10.  Army Regulation 600-8-22 provides, in pertinent part, 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.

11.  Army Regulation 600-8-22 provides, in pertinent part, that the Aircraft Crew Member Badge may be permanently awarded for successful completion of formal advanced individual training in career management field 67 MOS’s.

12.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.
DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant completed training in MOS 67N and served in Vietnam as a UH-1 helicopter repairman.  Therefore, he has met the regulatory requirements for award of the Aircraft Crew Member Badge.

2.  There are no orders available to the Board which authorize award of the Air Medal to the applicant.  There is no evidence of record which shows he participated in air assaults during his tour in Vietnam.  

3.  The applicant has met the regulatory requirements for award of the Army Good Conduct Medal for the period 27 August 1970 through 24 August 1973.

4.  The applicant was assigned to units in Vietnam during a period they were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

BOARD VOTE:

MDM_____  RJW_____  ECP_____  GRANT 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 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:

a.  by awarding him the Army Good Conduct Medal for the period 27 August 1970 through 24 August 1973; and

b.  by showing he was awarded the Army Good Conduct Medal, the Aircraft Crew Member Badge, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

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.  

		Mark D. Manning_______
		        CHAIRPERSON

INDEX

CASE ID	AR2003091570	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20031209	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY	Mr. Schneider	
ISSUES         1.	107.0000	
2.		
3.		
4.		
5.		
6.