BOARD DATE: 8 May 2018 DOCKET NUMBER: AR20160006448 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant amendment of the ABCMR's decision in Docket Number AR20110018394, dated 15 March 2012. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct Medal (1st Award) for the period 13 May 1970 through 14 March 1973; b. awarding him the Basic Aviation Badge for the period 25 October 1970 through 24 May 1972; c. amending his DD Form 214 by deleing the Vietnam Service Medal with bronze service star and adding the: * Army Good Conduct Medal * Vietnam Service Medal with 4 bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Basic Aviation Badge 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. BOARD DATE: 8 May 2018 DOCKET NUMBER: AR20160006448 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :x x :x GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 8 May 2018 DOCKET NUMBER: AR20160006448 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 reconsideration of the previous Army Board for Correction of Military Records (ABCMR) decision promulgated in Docket Number AR20110018394 on 15 March 2012. Specifically, he requests award of the Aircraft Crew Member Badge (now known as the Basic Aviation Badge). 2. The applicant states his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not reflect the "air wings" he earned during his service as a crew chief/aircraft maintainer in the Republic of Vietnam. 3. The applicant provides a copy of his DD Form 214 and four DA Forms 759 (Individual Flight Record and Flight Certificate – Army (Part I)) covering the period November 1970 through May 1972. CONSIDERATION OF EVIDENCE: 1. Incorporated herein by reference are military records that were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20110018394 on 15 March 2012. 2. The applicant provides new documents that were not considered during the initial review of his request. Therefore, these new documents warrant consideration by the Board at this time. 3. The applicant enlisted in the Regular Army on 13 May 1970. He completed his initial entry training and was awarded military occupational specialty (MOS) 67V (Helicopter Repairman). The highest rank/grade he attained during his period of active duty service was specialist five (SP5)/E-5. 4. Special Orders Number 213, issued by Headquarters, U.S. Army Aviation Center and Fort Rucker, Fort Rucker, AL on 14 August 1970, awarded his MOS 67V2T (OH-58 Helicopter Repairman) effective 24 September 1970. 5. The applicant's records show he served in the Republic of Vietnam from 25 October 1970 through 24 May 1972. During this period, he was assigned to the following units: * Headquarters & Headquarters Battery (HHB) (Aviation Section), 23rd Artillery Group, from on or about 25 October 1970 through on or about 25 January 1972 * HHB, 5th Battalion, 42nd Artillery Regiment, from on or about 26 January 1972 through on or about 24 May 1972 6. In the applicant's previous application to the Board, he submitted a DA Form 759-1 (Individual Flight Record and Flight Certificate – Army (Part II)), covering the period December 1971 through January 1972, which showed he accrued 93 hours of flying time during that period and had a total of 552 hours as of the date of the form. This form shows that all 93 hours were categorized as 32 combat missions. 7. The applicant was honorably released from active duty on 14 March 1973. He completed 2 years and 10 months of total active service, including 1 year and 7 months in the Republic of Vietnam. His DD Form 214 shows he was awarded or authorized the: * Air Medal * Army Commendation Medal (2nd Award) * National Defense Service Medal * Vietnam Service Medal with bronze service star * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (shown as "Civil Actions Medal") * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * three overseas service bars 8. The applicant's record is void of documentation that shows he was awarded the Aircraft Crew Member Badge. 9. A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command (HRC), failed to reveal any orders pertaining to the applicant. 10. The applicant provides four separate DA Forms 759 that: a. cover the period November 1970 through June 1971 and shows he was awarded flight status effective 1 December 1970 by Special Orders Number 12, issued by Headquarters, U.S. Army Vietnam on 12 January 1971 and subsequently accrued 180 flight hours during the covered period. b. cover the period July 1971 and shows he accrued 32 flight hours and was involved in a major accident on 28 July 1971. c. cover the period August 1971 through January 1972 and shows he accrued 148 hours of flight hours and assigned to HHB, 5th Battalion, 42nd Artillery Regiment. d. cover the period March through May 1972 and shows his records were closed in May 1972 as he was being stationed back to the continental United States. It shows he accrued 552 flight hours as a crew member. 11. The applicant's record is void of documentation that shows he was awarded the Army Good Conduct Medal. A memorandum from his Commander, dated 5 March 1973, shows his conduct and efficiency ratings were "excellent" throughout his service. Notwithstanding the lack of award orders, there is no evidence of a commander's disqualification for the award. Additionally, there is no evidence of any convictions by courts-martial or nonjudicial punishment under Article 15, Uniform Code of Military Justice. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards), contains the regulatory guidance on the Vietnam Service Medal. It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. Table B-1 shows during his service in Vietnam, campaign participation credit was awarded for the following four campaigns: * Vietnam Counteroffensive, Phase VII (1 July 1970 – 30 June 1971) * Consolidation I (1 July 1971 – 30 November 1971) * Consolidation II (1 December 1971 – 29 March 1972) * Vietnam CEASE-FIRE (30 March 1972 – 28 January 1973) 2. Army Regulation 672-5-1 (Awards), in effect at the time, establishes policy, criteria, and administrative instructions concerning individual and unit awards. This regulation provides that: a. 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; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; 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. The enlisted person must have had all "excellent" conduct and efficiency ratings, and he/she could not have been convicted by court-martial. b. The Aircraft Crew Member Badge was authorized by 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. It was awarded as a temporary and permanent award. (1) To be eligible for temporary award of the Aircraft Crew Member Badge an individual had to be on flying status in the case of crew chiefs, electronic sensor system operators, and flight engineers or as a non-crewmember in the case of observers, medical aidmen, 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 were authorized to wear the badge temporarily until relieved from those duties or they could be authorized permanent wear of the Aircraft Crew Member Badge once they fulfilled the regulatory requirements for permanent award of the badge. (2) 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 were 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 were not personally responsible were entitled to permanent wear of the Aircraft Crew Member Badge. 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 Aircraft Crew Member Badge. 3. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows the units to which the applicant was assigned was cited for the: * Republic of Vietnam Gallantry Cross with Palm Unit Citation for service during the period 15 January 1971 30 August 1971, by Department of the Army General Orders (DAGO) Number 54, dated 1974 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service during the period 22 March 1966 through 15 January 1971 by DAGO 51, dated 1971 DISCUSSION: 1. The applicant requests award of the Aircraft Crew Member Badge (now known as the Basic Aviation Badge). 2. The evidence of record shows the applicant was school trained in aircraft maintenance, was in a flying status, participated in 32 combat missions, and accrued 552 flight hours as a crewmember in an OH-58 Kiowa helicopter, which is used for observation, utility, and direct fire support. Additionally, he was awarded the Air Medal during his service in the Republic of Vietnam. 3. An individual who in a flying status and has performed in one of the following duties: crew chiefs, airborne electronic sensory systems operators and supervisors, and flight engineers or as a non-crew member in the case of observers, medical aidman, gunners, aircraft maintenance supervisors or technical inspectors and hold a principal duty assignment in one of those positions or has participated in at least 15 combat missions under probable exposure to enemy fire while serving in principal duty positions, is permanently authorized the Aircraft Crew Member Badge. 4. The applicant served honorably from 13 May 1970 through 14 March 1973. His record shows he received "excellent" conduct and efficiency ratings throughout his service. There is no evidence of any disciplinary or derogatory actions or a commander's disqualification for the first award of the Army Good Conduct Medal. 5. A bronze service star is authorized with the Vietnam Service Medal to denote each campaign the member was credited with participating in. The applicant participated in four campaigns during his service in the Republic of Vietnam. His DD Form 214 shows his previously-awarded Vietnam Service Medal; however, only one bronze service star is shown to denote his campaign participation. 6. The evidence shows HHB, 23rd Artillery Group was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period of the applicant's assignment. His DD Form 214 does not reflect this award. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160006448 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160006448 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2