RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 17 November 2005
DOCKET NUMBER: AR20050004474
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. Wanda L. Waller | |Analyst |
The following members, a quorum, were present:
| |Mr. Lester Echols | |Chairperson |
| |Mr. John Denning | |Member |
| |Ms. Jeanette McCants | |Member |
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, in effect, award of the Aircraft Crew Member
Badge.
2. The applicant states, in effect, he was on flight status from 1962 to
1964 as a crew chief and his military occupational specialty (MOS) was
672.30 (multi engine airplane mechanic).
3. The applicant provides two pay vouchers.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which
occurred on 17 July 1964. The application submitted in this case is dated
21 March 2005.
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 on 9 August 1961 for a period of 3 years. He
successfully completed basic combat training and advanced individual
training (AIT) and was awarded MOS 670.00 (aircraft maintenance crewman).
He served in MOS 672.30 (multi engine airplane mechanic) in Vietnam and was
released from active duty on 17 July 1964.
4. The applicant’s DD Form 214 (Report of Transfer or Discharge) shows the
Armed Forces Expeditionary Medal (Vietnam), the Air Medal, two awards of
the Overseas Service Bar, the Marksman Marksmanship Qualification Badge
with Rifle Bar, and the Expert Marksmanship Qualification Badge with
Carbine Bar as authorized awards.
5. Army Regulation 600-8-22 (Military Awards) 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 MOSs.
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows the applicant completed AIT in MOS 670.00;
therefore, he is entitled to award of the Aircraft Crew Member Badge and
correction of his DD Form 214 to show this badge.
2. Records show the applicant should have discovered the alleged error
now under consideration on 17 July 1964; therefore, the time for the
applicant to file a request for correction of any error expired on 16 July
1967. The applicant did not file within the 3-year statute of limitations;
however, based on the available evidence it would be in the interest of
justice to excuse failure to timely file in this case.
BOARD VOTE:
LE_____ JD______ JM______ GRANT RELIEF
________ ________ ________ GRANT PARTIAL 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 amending his DD Form 214 to show the
Aircraft Crew Member Badge.
___Lester Echols______
CHAIRPERSON
INDEX
|CASE ID |AR20050004474 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20051117 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. |107.0118 |
|2. |107.0000 |
|3. | |
|4. | |
|5. | |
|6. | |
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