IN THE CASE OF:	

		BOARD DATE:	20 August 2009

		DOCKET NUMBER:  AR20090005542 


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 requests, in effect, correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), Item 23a (Specialty Number & Title) to show the military occupational specialty (MOS) 45J (Aircraft Armament Repairman) and Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), to show award of the Air Medal and the Aircraft Crew Member Badge.  

2.  The applicant states, in effect, that he has orders awarding him the Air Medal and changing his MOS and this information is not shown on his DD Form 214.  He also states, in effect, that the Aircraft Crew Member Badge is not shown on his DD Form 214.  He believes that they simply did not have time to record all orders in a timely manner.  

3.  In support of his application, the applicant provides copies of the first page of orders pertaining to his flying status, a copy of orders amending an order dated 18 January 1971, his Air Medal citation and orders, and his DD Form 214.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

Counsel forwarded the applicant's application for consideration with no additional comments or documents.




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 military records show he was inducted into the Army of the United States, in pay grade E-1, on 1 October 1969, for 2 years.  He completed basic combat and advanced individual training and he was awarded MOS 45M (Aircraft Armament Subsystem Repairman).  He served in the Republic of Vietnam from 26 April 1970 to 4 May 1971, with Troop B, 7th Squadron,
17th Cavalry.  He also participated in three campaigns during his tour in Vietnam:  Vietnam Winter – Spring 1970 (1 November 1969 – 30 April 1970); Sanctuary Counteroffensive (1 May 1970 – 30 June 1970); and Vietnam Counteroffensive, Phase VII (1 July 1970 – 30 June 1971).

3.  The applicant submits a copy of the first page of Headquarters, 1st Aviation Brigade, Special Orders Number 291 (his records do not contain these orders), dated 18 October 1970.  These orders show his MOS as 45J and that he was in a flying status on 17 September 1970.

4.  The applicant also submits a copy of Headquarters, 7th Squadron,
17th Cavalry, Special Orders Number 24, dated 26 January 1971, amending Special Orders Number 16, dated 18 January 1971.  These amendment orders essentially remove another Soldier with the same last name from Special Orders Number 16 and places the applicant on these orders.  The applicant's MOS is shown as 45J on these orders. 

5.  The applicant's records contain Headquarters, 1st Aviation Brigade, General Orders Number 2553, dated 26 March 1971, awarding the applicant the Air Medal for meritorious achievement while participating in sustained aerial flight, in support of combat ground forces in the Republic of Vietnam during the period 10 June 1970 to 11 February 1971.  The applicant submitted copies of a citation and orders for the Air Medal.

6.  The applicant was released from active duty, in the rank/grade of specialist five (SP5)/E-5, on 5 May 1971, as an overseas returnee.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.

7.  Item 23a of the applicant's DD Form 214 shows the MOS 45M (Aircraft Armament Subsystem Repairman).  Item 24 of his DD Form 214 lists the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Army Commendation Medal, one Overseas Service Bar, and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16).  The Air Medal and the Aircraft Crew Member Badge are not listed.

8.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 22 (MOS) shows he was awarded primary MOS 45M on 18 March 1970.  It does not show he was awarded MOS 45J.  Item 27 (Military Education) shows he completed the 
12-week course for MOS 45M.  Item 38 (Record of Assignments) shows his duty MOS/Principal Duty was 45A/Armament Maintenance Apprentice from 4 May to 26 June 1970 and MOS 45M/Aircraft Armament Repairman from 27 June to
30  April 1971.  Item 38 does not show he served in MOS 45J during his period of active duty.  Item 41 (Awards and Decorations) does not show award of the Aircraft Crew Member Badge.

9.  U.S. Army Vietnam Regulation 672-5-1 (Military Awards) governed the military awards program in Vietnam during the Vietnam War.  That regulation 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 a crew chief in the case of crew chiefs, electronic sensor system operators, and flight engineers or as a non-crewmember 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.  


10.  The regulation also specified that for permanent award of the Aircraft Crew Member Badge, an individual must have performed in one of the duties specified above for not less than 12 months (not necessarily consecutive) or must have been school trained for a principal duty specified above.  Further, an individual who has 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 is entitled to permanent award of the Aircraft Crew Member Badge.

11.  Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214 and provided, in pertinent part, that the primary MOS code number and title would be entered in Item 23a.  There were no provisions for listing more than one MOS code number and title.

12.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

13.  Army Regulation 600-8-22 (Military Award), in effect at the time, authorized a bronze service star, based on qualifying service, for each campaign listed in Appendix B of that regulation and stated that authorized bronze service stars would be worn on the appropriate campaign or service medal including the Vietnam Service Medal.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that the applicant’s unit, 7th Squadron, 
17th Cavalry Regiment, for the period 1 January to 31 October 1970, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, based on Department of the Army General Orders Number 52, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant was awarded the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam from 10 June 1970 to 11 February 1971 and this award is not shown on his DD Form 214.  Therefore, it would be appropriate to correct his records to show award of the Air Medal.

2.  Evidence of record and general orders show the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his assignment.  Therefore, he is entitled to have his records corrected to show this foreign unit award.


3.  The evidence of record shows the applicant participated in three campaigns during his tour in Vietnam.  Therefore, he is entitled to three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

4.  The applicant contends that Item 23a of his DD Form 214 should reflect MOS 45J.  Although the applicant provided several orders showing his MOS as 45J, the evidence of record does not show he completed the required course for award of MOS 45J, that he was ever awarded MOS 45J by official orders, or that he served in that MOS during his tenure of service.  His primary MOS was 45M during his period of active duty and that MOS is properly shown in Item 23a of his DD Form 214.  Neither the evidence submitted with the application nor the evidence of record supports the applicant's request.  Therefore, he is not entitled to correction of Item 23a of his DD Form 214.  

5.  The evidence of record and the evidence submitted by the applicant do not show the applicant met the criteria for award of the Aircraft Crew Member Badge during the period of his active duty service.  Therefore, there is insufficient evidence on which to base an award of the Aircraft Crew Member Badge in this case and its addition to his DD Form 214.  

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

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

_____x___  ____x____  ___x_____  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:

   a.  deleting from item 24 of the applicant's DD Form 214 the Vietnam Service Medal;
   
   b.  adding to item 24 of the applicant's DD form 214 the Air Medal, Vietnam Service Medal with three bronze service stars, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and
   
   c.  providing the applicant a corrected separation document that includes these changes.

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 correction of Item 23a of the applicant's DD Form 214 to show his MOS as 45J and award of the Aircraft Crew Member Badge and its addition to his DD Form 214.



      __________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.

ABCMR Record of Proceedings (cont)                                         AR20090005542



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ABCMR Record of Proceedings (cont)                                         AR20090005542



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