RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  17 April 2007
	DOCKET NUMBER:  AR20060012552 


	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. Gerard W. Schwartz

Acting Director

Ms. Joyce A. Wright

Analyst

The following members, a quorum, were present:


Mr. John T. Meixell

Chairperson

Mr. Thomas M. Ray

Member

Ms. Rea M. Nuppenau

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, that he be awarded the Basic Aircrew Badge [correctly known as the Aircraft Crew Member Badge].

2.  The applicant states, in effect, that he served as an aircraft crew member from March 1971 to November 1971 under CW4 D___D___ in the Republic of Vietnam where he was authorized to wear the Aircraft Crew Member Badge.  However, he noticed that there was no reference to the award on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant provides a copy of his DD Form 214 in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 15 June 1973, the date of his separation from active duty.  The application submitted in this case is dated 25 August 2006 but was received for processing on 8 September 2006.

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 limitations 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's record shows he enlisted in the U. S. Army Reserve (USAR)/ Delayed Entry Program (DEP) on 1 May 1970.  He enlisted in the Regular Army on 11 June 1970.  The applicant successfully completed basic combat training at Fort Ord, California, and advanced individual training (AIT) at Fort Eustis, Virginia.  On completion of his advanced training, he was awarded the military occupational specialty (MOS), 68G, Airframe Repairer.  He was advanced to pay grade E-4 on 19 November 1970.  He served until he was separated from active duty on 15 June 1973.  He was transferred to the USAR Control Group (Reinforcement).  

4.  The applicant served in Vietnam from 20 March 1971 to 4 February 1972.  

5.  The applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  His DD Form 214 does not show any additional awards.

6.  There are no orders in the applicant's service personnel records to show that he was awarded the Aircraft Crew Member Badge.

7.  Item 25 (Education and Training), of his DD Form 214, shows the entry "USATSCH-Airframe Repairman" (United States Army Transportation School).

8.  There is no entry in Item 41 (Awards and Decorations), of the applicant's DA Form 20 (Enlisted Qualification Record), showing he was awarded the Aircraft Crew Member Badge.

9.  The applicant’s personnel records indicate that the applicant was school trained as an airframe repairman (68G) and served as an airframe repairman in Vietnam.  There are no flight records in the available record or submitted by the applicant.  There are no orders placing the applicant on flight status.

10.  Army Regulation 600-8-22 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 MOS’s.

11.  AR 672-5-1, the regulation governing military awards at the time in question provided for temporary and permanent award of the Aircraft Crew Member Badge.  The regulation authorized 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.  To be eligible for temporary award of the Aircraft Crew Member Badge an individual had to be on flying status as crew chiefs, electronic sensor system operators, or flight engineers; or as a non-crew member 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 are authorized to wear the badge temporarily until relieved from these duties or they may be authorized permanent wear of the Aircraft Crew Member Badge once they have fulfilled the regulatory requirements for permanent award of the badge.


12.  The regulation also provided, in pertinent part, for permanent award of the Aircraft Crew Member Badge, to an individual who performed in one of the duties specified in the paragraph above for not less than 12 months (not necessarily consecutive) or who was school trained for a principal duty specified above.

13.  AR 672-5-1 also provided that personnel who were precluded from further flight duty due to incapacitation 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.

14.  The applicant’s DD Form 214 shows entitlement to the Vietnam Service Medal; however, it does not show the three bronze service stars to which he is entitled for his campaign participation.  The regulation also provides that a bronze service star is authorized for the Vietnam Service Medal for participation in each campaign. 

15.  Department of the Army Pamphlet 672-3 shows that the applicant's unit was cited for award of the Meritorious Unit Commendation, by Department of the Army General Orders (DAGO) Number 5, dated 1973, and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, by DAGO Number 32, dated 1973, while he was assigned to the unit.  These unit awards are not shown on the applicant's DD Form 214. 

16.  DA Pamphlet 672-3 shows that the applicant's unit, a subordinate unit of the United States Army, Vietnam, was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the period 20 July 1965 through 28 March 1973, by Department of the Army General Orders Number 8, dated 1974.  This unit award is also not shown on the applicant's DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that he served as an aircraft crew member from March 1971 to November 1971 in Vietnam and that he is authorized to wear the Aircraft Crew Member Badge are noted; however, there is no evidence of any flight records in the available records and the applicant has failed to provided evidence to show that he was on flight status while serving in Vietnam.  

2.  The evidence of record shows that he served as an airframe repairman (68G20) while serving in Vietnam.  Therefore, there is an insufficient basis to approve an award of the Aircraft Crew Member Badge or to have it added to his DD Form 214.

3.  The applicant's DD Form 214 shows that he was awarded the Vietnam Service Medal with two bronze service stars.  While in Vietnam, he participated in three campaigns and he is therefore, entitled to one additional bronze service star to be affixed to his already-awarded Vietnam Service Medal, with two bronze service stars.

4.  The applicant's unit was cited for award of the Meritorious Unit Commendation, the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, and the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, at the time he was a member of the unit.  He is, therefore entitled to correction of his records to show these unit awards.

5.  Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 3 of the BOARD DETERMINATION/RECOMMENDATION section below.

6.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 15 June 1973; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 14 June 1976.  The applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___tmr___  __rn____  __J_____  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned for award of the Aircraft Crew Member Badge.

2.  As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law.  Therefore, there is insufficient basis to waive the statute of limitations for timely filing or for correction of the records of the individual concerned.

3.  The Board determined that administrative error in the records of the individual should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show award of the Vietnam Service Medal, with three bronze service stars; the Meritorious Unit Commendation; the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation; and the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation. 




_____John T. Meixell_____
          CHAIRPERSON




INDEX

CASE ID
AR20060012552
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070417
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19730615
DISCHARGE AUTHORITY
AR 635-200, chapt 2
DISCHARGE REASON

BOARD DECISION
DENY//GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.