BOARD DATE: 8 August 2018 DOCKET NUMBER: AR20160017798 BOARD VOTE: ____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 August 2018 DOCKET NUMBER: AR20160017798 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 Army Good Conduct Medal (1st Award) for the period 30 September 1968 to 4 May 1971, b. deleting the following from his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge): * Air Medal with 10 Oak Leaf Clusters * Army Commendation Medal * Vietnam Service Medal c. adding the following awards to his DD Form 214: * Air Medal with Numeral 10 and with "V" Device * Army Commendation Medal (3rd Award) * Army Good Conduct Medal (1st Award) * Basic Aviation Badge * Vietnam Service Medal with one silver oak leaf cluster * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation _____________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. BOARD DATE: 8 August 2018 DOCKET NUMBER: AR20160017798 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 request, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the: * Air Medal with "V" Device * Army Commendation Medal with First and Second Oak Leaf Clusters (3rd Award) * Army Good Conduct Medal * Aircraft Crew Member Badge (now Basic Aviation Badge) 2. The applicant states: a. The devices and badge were not awarded. b. He believes he is entitled to award of the Army Good Conduct Medal for funeral display purposes since he received the Army Commendation Medal (3rd Award). 3. The applicant provides: * Headquarters, 1st Aviation Brigade, Special Orders Number 186, page 1, dated 5 July 1970 * Headquarters, 1st Aviation Brigade, General Orders Number 2604, dated 27 March 1971 * Headquarters, 1st Aviation Brigade, General Orders Number 3170, dated 12 April 1971 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. The applicant enlisted in the Regular Army on 30 September 1968. 3. He served in Vietnam during the period 30 April 1969 through 4 May 1971. While in Vietnam, he participated in five campaigns and he was assigned to: * Company B, 169th Engineer Battalion from 2 May 1969 to 11 June 1970 * 213th Aviation Company (Assault Support Helicopter), 11th Aviation Battalion, from 12 June 1970 to on or about 4 May 1971 4. Headquarters, 20th Engineer Brigade, General Orders Number 311, dated 11 March 1970, awarded him the Army Commendation Medal for meritorious service for the period 30 April 1969 to 29 April 1970. 5. Headquarters, 1st Aviation Brigade, Special Orders Number 186, dated 5 July 1970, shows his flying status was listed as non-aviator crewmember on 18 June 1970. 6. His DA Form 759, Part I (Individual Flight Record and Flight Certificate – Army) shows he had a total of 502 flying hours and his DA Form 759-1 (Part II) shows he had 163 flying hours for the period August 1970 through September 1970. 7. Headquarters, 1st Aviation Brigade, General Orders Number 7621, dated 8 August 1970, awarded him the Army Commendation Medal for meritorious achievement during the period 18 March 1970 to 29 July 1970. 8. Headquarters, 1st Aviation Brigade, General Orders Number 7801, dated 13 August 1970, awarded him the Air Medal for the period 21 June 1970 to 19 July 1970. 9. Headquarters, 1st Aviation Brigade, General Orders Number 10594, dated 27 October 1970, awarded him the Air Medal (2nd to 9th Award) (now referred to as Air Medal with Numeral 9) for the period 20 July 1970 to 27 October 1970. 10. Headquarters, 1st Aviation Brigade, General Orders Number 2689, dated 30 March 1971, amended General Orders Number 7621, same Headquarters, dated 8 August 1970, to show his award of the Army Commendation Medal with First Oak Leaf Cluster (2nd Award). 11. Headquarters, 1st Aviation Brigade, General Orders Number 2604, dated 27 March 1971, awarded him the Army Commendation Medal (Second Oak Leaf Cluster (3rd Award) for meritorious service for the period May 1970 to May 1971. 12. Headquarters, 1st Aviation Brigade, General Orders Number 3170, dated 12 April 1971, awarded him the Air Medal with Numeral 10 and with "V" Device for the period 2 March 1971 and 3 March 1971. 13. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows award of the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Army Commendation Medal (3rd Award) * three overseas bars * Air Medal (Numeral 10) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and Grenade Bar * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) 14. On 4 May 1971, he was honorably released from active duty. His DD Form 214 shows his net service as 2 years, 7 months, and 5 days and he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Army Commendation Medal * four overseas bars * Air Medal with Numeral 10 * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) 15. His records are void of documentation showing he was awarded the Army Good Conduct Medal. There is no evidence of any derogatory information or a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal. REFERENCES: 1. Department of the Army General Orders Number 8, dated 19 March 1974, confirmed award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973. 2. Army Regulation 672-5-1 (Awards), in effect at the time, provided policy, criteria, and administrative instructions concerning individual military awards. It stated: 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 the 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. Ratings of "unknown" for portions of the period under consideration were not disqualifying. There must have been no convictions by a court-martial. b. The Aircraft Crew Member Badge was awarded in three degrees: the Master Aircraft Crewman Badge, the Senior Aircraft Crewman Badge, and the Aircraft Crewman Badge. The retroactive date for these badges is 1 January 1947. Permanent award for these badges will be made by commanders exercising jurisdiction over the individuals' personnel records. (1) The Master Aircraft Crewman Badge and the Senior Aircraft Crewman Badge are authorized for permanent wear. The commander of any Army unit which has Army aircraft assigned may authorize in published orders qualified personnel of his command to wear the Aircraft Crewman Badge. (2) An individual must be on flying status as a crew member in the case of crew chiefs, Airborne Electronic Sensory System Operators and Supervisors and flight engineers or as a non-crewmember the case of observers, medical aidmen, gunners, aircraft maintenance supervisors, or technical inspectors, physically qualified, class III, and be qualified for and hold a principal duty assignment as a crew chief, flight engineer, aircraft maintenance supervisor, observer, gunner, or technical inspector. (3) An individual who has been incapacitated for further flight duty by reason of being wounded as a result of enemy action, or injured as the result of an aircraft accident for which he was not personally responsible, or has participated in at least 15 combat missions under probable exposure to enemy fire while serving in a principal duty outlined in a above, is permanently authorized to wear the Aircraft Crewman Badge. 3. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more. b. A bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in. A silver oak leaf cluster is worn instead of five bronze oak leaf clusters. 4. Military Personnel Message Number 00-138, dated 10 April 2000, changed the name of the Aircraft Crew Member Badge to the Basic Aviation Badge and changed the criteria for award of the Basic, Senior, and Master Aviation Badges. The Basic Aviation Badge may be authorized for temporary award or for permanent award while the Senior and Master Aviation Badges may only be authorized for permanent award. The commander of any Army unit which has Army aircraft assigned may authorize temporary award of the Basic Aviation Badge to qualified personnel in the unit. Such individuals must be performing in-flight duties and authority to wear the badge must be announced in orders. DISCUSSION: 1. General orders awarded him the Air Medal with Numeral 10 and with "V" Device and the Army Commendation Medal (3rd Award). These awards are not listed on his DD Form 214. 2. He served honorably during the period 30 September 1968 through 4 May 1971, a period of 2 year, 7 months, and 5 days. His records are void of any disciplinary actions or a commander's disqualification for award of the Army Good Conduct Medal. It appears he met the eligibility criteria for the first award of the Army Good Conduct Medal. 3. He participated in five campaigns during his service in Vietnam. His DD Form 214 does not indicate his campaign participation with his award of the Vietnam Service Medal. 4. He met the criteria for permanent award of the Aircraft Crew Member Badge, now known as the Basic Aviation Badge. 5. He served a qualifying period for award of the Republic of Vietnam Campaign Medal with Device (1960). However, this award is not listed on his DD Form 214. 6. General orders awarded all units in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation. This unit award is not shown on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160017798 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160017798 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2