RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        27 March 2008
      DOCKET NUMBER:  AR20070015804


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John T. Meixell               |     |Chairperson          |
|     |Ms. LaVerne M. Douglas            |     |Member               |
|     |Ms. Jeanette R. 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, that his 24 February 1972 Separation
Document (DD Form 214) be corrected by adding the secondary military
occupational specialty (MOS) to Item 23a (Specialty Number & Title); and by
adding the Army Commendation Medal, Army Good Conduct Medal and "Crewmember
Wings" (Aircraft Crewmember Badge), now known as the Basic Aviation Badge
to Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized).

2.  The applicant states, in effect, his military record shows the
information in question should be added to his DD Form 214.

3.  The applicant provides the following documents in support of his
application:  Headquarters, 509th Radio Research Group General Orders (GO)
Number (#) 9, dated 14 March 1972; Office of the Adjutant General (OTAG),
United States Army Reserve Personnel and Administration Center (ARPERSCEN)
Letter, dated 25 May 1972; copy of Enlisted Qualification Record (DA Form
20); DD Form 214; Self-Authored Letter, dated 31 August 2007; Army Review
Boards Agency Letter, dated 3 August 2007; and National Personnel Records
Center (NPRC) Letter, dated 24 October 2007.

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's record shows he enlisted in the Regular Army and
entered active duty on 12 January 1970.  Item 22 (Military Occupational
Specialties) of his DA Form 20 shows he was awarded the primary MOS 68B
(Aircraft Turbine Engine Repairer) on 1 June 1970.  It gives no indication
that he was ever awarded a secondary or additional MOS.

3.  The applicant's DA Form 20 shows he served in the Republic of Vietnam
(RVN) from 9 March 1971 through 22 February 1971.  Item 38 (Record of
Assignments) shows that during his RVN tour, he was assigned to the 146th
Aviation Company, 224th Aviation Battalion, performing duties in MOS 67B as
a crew chief.

4.  The applicant's Military Personnel Records Jacket (MPRJ) contains
Headquarters, 509th Radio Research Group Special Orders (SO) # 199, dated
18 July 1971, which awarded the applicant the Crewmember Wings (Aircraft
Crewmember Badge), now known as the Basic Aviation Badge, effective 28 June
1971. The orders awarding the Crewmember Wings stipulated that the award
was "Temporary."

5.  The applicant's MPRJ also contains Headquarters, 509th Radio Research
Group GO # 9, dated 14 March 1972, which awarded the applicant the AGCM.
It also contains an ARCOM Citation and OTAG, ARPERSCEN Letter, dated
25 May 1972, which confirm he was awarded the ARCOM, for meritorious
service in the RVN during the period March 1971 through March 1972.

6.  On 24 February 1972, the applicant was honorably released from active
duty after completing 2 years, 1 month, and 13 days of active military
service.  Item 23a of the DD Form 214 he was issued lists his MOS as 68B,
and Item 24 shows he earned the following awards:  National Defense Service
Medal; Vietnam Service Medal with 2 bronze service stars; RVN Campaign
Medal with Device (1960); and RVN Gallantry Cross with Palm Unit Citation.


7.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents that must be prepared for Soldiers on retirement, discharge,
release from active duty service, or control of the Active Army.  It also
establishes standardized policy for preparing and distributing the DD Form
214.  The item-by-item instructions contained in the version of the
regulation in effect at the time of the applicant's separation provided for
entering only the primary MOS.  There were no provisions for entering a
secondary or additional MOS.

8.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards
policy.  Paragraph 8-28 contains guidance on the Basic Aviation Badge,
formally known as the Aircraft Crewmember Badge.  It states, in pertinent
part, that to be eligible for this award, a member must be on flying
status, have performed crewmember or non-crewmember flying duties for not
less than 12 months.
9.  United States Army Vietnam (USARV) Regulation 672-1 provides policies,
responsibilities, and criteria for awards in the RVN.  Appendix X provided
guidance on the Aircraft Crewmember Badge (Crewmember Wings), which
provided for the temporary wear of the badge to members assigned to a
flying status until they were relieved of such duty, or until such time as
they fulfilled the mandatory requirements for the permanent award, which
included performance of the duties for not less than 12 months.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant was awarded the ARCOM and
AGCM by proper authority while serving on active duty.  Therefore, it would
be appropriate to add these awards to his record and separation document at
this time.

2.  By regulation, in order to qualify for the permanent award of the
Aviation Badge (Crewmember Wings), a member must serve in an authorized
flying position for not less than 12 months.  In this case, the evidence of
record confirms the applicant was authorized the temporary wear of the
Crewmember Wings on 28 June 1971, and that he left the position when he
departed the RVN on 22 February 1972.  Therefore, it does not appear he
served in an authorized flying position on flying status for the necessary
12 months.  As a result, it would not be appropriate to add this award to
his record or separation document at this time.

3.  The applicant's request that his secondary MOS of 67N be added to
Item 23a of his DD Form 214 was also carefully considered.  However,
although the applicant's record shows he served in MOS 67N, there is no
indication that he was ever formally awarded the MOS as either a secondary
or additional MOS, which is not automatic based on performing duty in the
MOS.  Further, even had he been awarded this MOS as a secondary or
additional MOS, the regulation in effect at the time provided for only
entering the primary MOS on the DD Form 214.  Therefore, given there is no
question that the applicant's primary MOS of 68B is accurately documented
on the separation document, there is an insufficient evidentiary basis to
support granting this portion of the requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__JTM __  __LMD  _  __JRM __  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by adding the Army Commendation Medal and Army Good
Conduct Medal to Item 24 of his 24 February 1972 DD Form 214; and by
providing him a correction to his separation document that includes these
awards.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
adding his secondary military occupational specialty, or Crewmember Wings
to his DD Form 214.




                                  _____John T. Meixell______
                                             CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070015804                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2008/03/12/DD                           |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1972/02/24                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Phase Down Early Release                |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  1021 |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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