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ARMY | BCMR | CY2002 | 2002074744C070403
Original file (2002074744C070403.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 12 December 2002
         DOCKET NUMBER: AR2002074744


         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
Mr. Edmund P. Mercanti Analyst


The following members, a quorum, were present:

Mr. Roger W. Able Chairperson
Ms. Karen Y. Fletcher Member
Mr. Bernard P. Ingold 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 his Army Commendation Medal (ARCOM), his Army Achievement Medal (AAM), and his Aircraft Crewman Badge (ACB) be added to his separation document.

3. The applicant states that he was a school trained attack helicopter repairman whose awards were never entered on his separation document.

4. In support of his request he submits a copy of the award and order for his AAM, and a copy of the award for his ARCOM.

5. The applicant’s military records show that he enlisted in the Regular Army on 4 September 1984, was awarded the military occupational specialty of attack helicopter repairer, and was promoted to pay grade E-4. He was honorably released from active duty on 6 July 1987 due to a reduction in the strength of the Army. His separation document shows that he was awarded the Army Service Ribbon, the Good Conduct Medal, the Army Lapel Button, and the Overseas Service Ribbon.

6. The applicant's medical records only contain two physical examinations: His enlistment physical examination, and his separation physical examination.

7. Army Regulation 600-8-22 provides that the AAM is awarded to any member of the armed forces of the United States, who while serving in a noncombatant area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.

8. This regulation also provides that the ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself by heroism, meritorious achievement or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

9. This regulation further provides that an ACB (now known as the Aircraft Crew Member Badge, or ACMB) may be awarded by any commander of a unit with aircraft assigned to individuals in a flying status as crewmembers and to non-crewmembers who hold principal assignments as observers, medical aid men, gunners, maintenance supervisors or technical inspectors.






10. This regulation was later changed to add that the ACMB may be permanently awarded to soldiers upon successful completion of formal advanced individual training (AIT) in career management field (CMF) 67 MOS. Current awards are authorized based on documented prior AIT training.

11. Army Regulation 40-501 provides the medical fitness standards for soldiers.  Along with medical standards for entry on active duty and retention on active duty, this regulation provides medical standards for specialized duties. Flying is one of those specialized duties. Paragraph 4-1 of this regulation, Medical Fitness Standards For Flying Duty, states that the standards of that chapter are applicable to individuals ordered by competent authority to participate in regular flights as non-rated aircrew.

CONCLUSIONS:

1. The presence of orders verify that the applicant was entitled to the AAM.

2. While the applicant submits a copy of the award for his ARCOM, he does not submit a copy of that award's orders nor are orders contained in his military records. Without orders, there is insufficient documentation in which to grant this portion of his request.

3. Likewise for the ACMB, the applicant does not submit a copy of that award's orders nor are orders contained in his military records. In addition, there is no evidence that the applicant ever took a flying duty physical examination which is required for flying duty. In the absence of orders or a flight physical examination, it would appear that the applicant was properly not awarded the ACMB.

4. However, the later change in AR 600-8-22 provided for the award of the ACMB, retroactively, to enlisted personnel who completed AIT in CMF 67. Since the applicant was awarded military occupational specialty 67, he is now entitled to the ACMB.

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

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by:

         a. awarding to the individual concerned the ACMB; and



         b. by adding the ACMB and the AAM to his separation document.

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

____rwa_ ___bpi_____ ___kyf_ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION
rwa



                  _________Roger W. Able_____________
                  CHAIRPERSON




INDEX

CASE ID AR
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20021212
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.


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