IN THE CASE OF:	  

		BOARD DATE:	  20 January 2010

		DOCKET NUMBER:  AR20090012315 


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 that his records, specifically the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), be corrected to reflect his duties as a door gunner and crew chief and that all of his awards be added to his DD Form 214.

2.  The applicant states that his DD Form 214 does not reflect his primary and secondary duty titles and his duties as a door gunner and crew chief.

3.  The applicant provides a supplemental letter with a license to his application, a copy of his DD Form 214 and DD Forms 215 (Correction to DD Form 214), a copy of promotion orders to the pay grade of E-4, a copy of a letter from a former member of his unit in Vietnam, a copy of leave and earnings statements, and a copy of an enlisted efficiency report.

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 enlisted in the Regular Army in Albuquerque, New Mexico, on 7 July 1969 for a period of 3 years and training in military occupational specialty (MOS) 67A (Aircraft Maintenance Apprentice), the entry-level MOS for the aircraft maintenance career management field (CMF).

3.  He completed his basic training at Fort Ord, California, and was transferred to Fort Rucker, Alabama, for his advanced individual training.  He completed his 67A1O training and progressed to 67M (OH-12 and OH-23) training.  He completed that training and was awarded MOS 67M1O on 17 December 1969.  Upon completion of his advanced individual training he was transferred to Fort Ord in the rank of private first class.

4.  The applicant received orders for Vietnam and on the day he was to report to the overseas replacement center, he sustained an accidental gunshot wound to the leg.  He remained at Fort Ord and submitted a request for discharge and conscientious objector status.  His discharge was disapproved.

5.  On 19 August 1970, he was transferred to Vietnam for assignment to an aviation company as a helicopter mechanic in an on-the-job-training status in MOS 67N2O.  He was assigned to three different companies as a helicopter repairman during his tour in Vietnam and was advanced to the pay grade of E-4 on 24 May 1971.  He departed Vietnam on 15 August 1971 for assignment to Fort Lewis, Washington, where he served as a CH-6 and CH-58 helicopter repairman in MOS 67V2O.  He was awarded the secondary MOS of 67V2F on 18 November 1971.  The special qualification identifier of "F" designated "flying status."

6.  On 17 February 1972, he was honorably released from active duty under the provisions of Army Regulation 635-200 (Personnel Separations), paragraph 5-3, due to separation for other good and sufficient reasons when determined by Secretarial Authority.  He had served 2 years, 6 months, and 11 days of total active service and his DD Form 214 reflects that he was awarded the National Defense Service Medal, the Vietnam Service Medal (VSM), and the Republic of Vietnam Campaign Medal.

7.  The DD Form 214 issued to the applicant shows in block 23a (Specialty Number and Title) the entry "67M2O OH-13&OH-23 HEL RPM 17 DEC 69."

8.  On 25 November 2000, the applicant applied to this Board requesting that he be awarded the Basic Aviation Badge.  The Board approved his request on 10 April 2001 and on 4 May 2001 a DD Form 215 was issued to indicate that the applicant was also authorized the Army Commendation Medal, the Basic Aviation Badge, the VSM with two bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

9.  On 27 August 2009, the National Archives and Records Administration issued a DD Form 215 to indicate that the applicant was authorized awards of the Expert Marksmanship Qualification Badge with Automatic Rifle Bar and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

10.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  The regulation in effect at the time provided, in pertinent part, that the primary MOS code number, title, and date of award would be entered in block 23a of the DD Form 214.

11.  Army Regulation 611-201 (Enlisted Career Management Fields and MOSs) provides the enlisted MOS classification structure for the U.S. Army.  A review of the regulation in effect at the time shows that the 67 CMF, which was the aviation CMF at the time, did not contain a separate or specific MOS for door gunner or crew chief.  Both were deemed duty positions.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to reflect that he served as a door gunner and crew chief has been noted.

2.  The regulation in effect at the time required only the primary MOS to be reflected on the DD Form 214.  The duties of a door gunner and a crew chief are duty positions within an MOS and there were not then, nor are there now, any provisions for listing all of an individual's duty positions on a DD Form 214.

3.  Therefore, absent evidence to the contrary, there appears to be no basis to change his DD Form 214 to reflect the duties he performed within his MOS.

4.  The applicant's contention that all of his awards should be added to his DD Form 214 has been noted.  However, he has not specified which awards he believes he is authorized that have not been added to his DD Form 214 by the two DD Form 215s that have been issued.  Therefore, it appears that all of his awards have been added and no further action is necessary.

5.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board or it must otherwise satisfactorily appear that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ____X__  ____X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War.  The applicant and all Americans should be justifiably proud of his service in arms.



      ____________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)                                         AR20090012315



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ABCMR Record of Proceedings (cont)                                         AR20090012315



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