IN THE CASE OF:	

		BOARD DATE:	 5 January 2010 

		DOCKET NUMBER:  AR20090013088 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) as follows:

	a.  to add awards of the Aircraft Crew Member Badge and the Air Medal (1st Oak Leaf Cluster) with "V" Device;

	b.  to add military occupational specialties (MOS) 67A1O (Aircraft Maintenance Apprentice), 67A1F (Aircraft Maintenance-Door Gunner), and 67U2F (CH-47 Helicopter Mechanic);

	c.  to add completion of the Door Gunner, Crew Chief, and Flight Engineer military training courses.

2.  The applicant states, in effect, that his DD Form 214 does not reflect the requested corrections.  He has filed for disability and needs his DD Form 214 to be correct for the purpose of Department of Veterans Affairs (VA) benefits.  He would also like his records corrected for personal reasons.

3.  The applicant provides the following additional documentary evidence in support of his request:

	a.  a copy of his DD Form 214, dated 3 November 1971;

	b.  a copy of a certificate and citation, dated 16 March 1970, showing award of the Air Medal;
	c.  a copy of General Orders Number 7459, issued by Headquarters, 1st Aviation Brigade, and a certificate, dated 28 July 1970, showing award of the Air Medal for heroism;

	d.  a copy of a certificate of training, dated 29 May 1969, showing completion of the Aircraft Maintenance Apprentice Course;

	e.  a copy of a certificate, dated 24 June 1969, showing completion of the Door Gunner Qualification Course;

	f.  a copy of General Orders Number 6829, issued by Headquarters, 1st Aviation Brigade, and a certificate and citation, dated 20 July 1970, showing award of the Army Commendation Medal;

	g.  copies of his medical consults at Kaiser Permanente, dated 21 and 22 July 2009;

	h.  a copy of his Honorable Discharge Certificate, dated 1 December 1974;

	i.  a copy of a certificate of appreciation, dated 3 November 1971;

	j.  a copy of Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Register), dated 28 October 1986;

	k.  a copy of VA Form 21-22 (Appointment of Veterans Service Organization as Claimant's Representative); and

	l.  a copy of VA Form 21-4139 (Statement in Support of Claim).

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 records show he enlisted in the Regular Army for a period of 3 years on 27 December 1968.  He completed basic combat training at Fort Ord, CA, on or about 28 February 1969 and was reassigned to Fort Rucker, AL, where he completed the Aircraft Maintenance Apprentice Course from 2 March 1969 to 28 May 1969 and was awarded MOS 67A.  His records also show he completed the Helicopter Door Gunner Qualification Course (MOS 67A1F) on 24 June 1969 (the "F" is an additional skill qualification identifier that denotes completion of the helicopter door gunner qualification course).

3.  On 7 October 1969, Headquarters, 53rd Aviation Battalion, Fort Rucker, AL, published Special Orders Number 147 awarding the applicant MOS 67B (O-1/
U-6 Airplane Repairman) and withdrawing MOS 67A.

4.  The applicant's record shows he served in the Republic of Vietnam from on or about 12 January 1970 to on or about 11 January 1971.  He was assigned to the 147th Aviation Company.

5.  On 20 January 1971, Headquarters, 194th Armored Brigade, Fort Knox, KY, published Special Orders Number 13 awarding the applicant MOS 67B2F and withdrawing MOS 67A1F.

6.  The applicant's record shows he again served in the Republic of Vietnam from on or about 2 June 1971 to on or about 1 November 1971.  He was assigned to the 221st Aviation Company.

7.  He was honorably released from active duty in the rank/grade of specialist five (SP5)/E-5 on 3 November 1971 and was transferred to the U.S. Army Reserve Control Group (Annual Training) for completion of his Reserve obligation.  The DD Form 214 he was issued shows the following entries:

	a.  Item 23a (Specialty Number and Title) shows the entry "67B2O Airplane Mechanic."  Item 23a does not list MOS 67A1O, 67A1F, or 67U2F.

	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960), and the Army Commendation Medal.  Item 24 does not show the Air Medal or the Aircraft Crew Member Badge.

	c.  Item 25 (Education and Training Completed) shows the entry "WODL03-L ACGT MAINT."  Item 25 does not show the Door Gunner Course or the Crew Chief Course.

8.  On 23 April 1990, the applicant was issued a DD Form 215 (Correction to DD Form 214) that deleted from item 23a of his DD Form 214 MOS 67B and added MOS 67B2F (O-1/U-6 Airplane Mechanic).

9.  Headquarters, U.S. Army Aviation School, Fort Rucker, AL, Special Orders Number 141, dated 29 May 1969, awarded the applicant the Aircraft Crew Member Badge on 24 June 1969.

10.  Headquarters, 1st Aviation Brigade, General Orders Number 1554, dated 16 March 1970, awarded the applicant the Air Medal for meritorious achievement while participating in aerial flight as a member of the 147th Aviation Company in the Republic of Vietnam from 21 January 1970 to 31 January 1971.

11.  Headquarters, 1st Aviation Brigade, General Orders Number 7459, dated 28 July 1970 awarded the applicant the Air Medal for heroism while engaged in aerial flight as a member of the 147th Aviation Company in connection with military operations against a hostile force in the Republic of Vietnam on 21 June 1970.

12.  There is no indication in the applicant's records that he completed the Crew Chief Course.  Additionally, although the certificate submitted by the applicant shows he completed the Helicopter Door Gunner Qualification Course on 29 May 1969, there is no indication of the exact dates or duration of this training course.

13.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  The regulation in effect at the time stated, in pertinent part, that item 23a showed the Soldier's MOS upon separation obtained from his or her records and item 25 showed the formal in-service (full-time attendance) training courses obtained from the Soldier's records successfully completed during the period of service covered by the DD Form 214 and includes title, length in weeks, and year completed.  This information is to assist the Soldier in job placement and counseling; therefore, training courses for combat skills are not listed.

14.  A review of the applicant's records indicates his entitlement to additional awards that are not shown on his DD Form 214.

15.  Headquarters, First Basic Combat Training Brigade, Fort Ord, CA, Special Orders Number 35, dated 17 February 1969, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

16.  Headquarters, 53rd Aviation Battalion (Combat), Fort Rucker, AL, Special Orders Number 162, dated 13 November 1969, awarded the applicant the Drivers Badge [Driver and Mechanic Badge] on 28 October 1969.

17.  Department of the Army Pamphlet 672-3 shows the following:

	a.  The 147th Aviation Company was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period from 15 December 1969 to 10 October 1970 based on Department of the Army General Orders Number 52, dated 1971, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period from 1 May 1969 to 15 May 1970 based on Department of the Army General Orders Number 55, dated 1971.

	b.  The 221st Aviation Company was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period from 15 December 1969 to 10 October 1970 based on Department of the Army General Orders Number 52, dated 1971.

18.  Appendix B of Army Regulation 600-8-22 shows that participation credit was awarded for the Vietnam Winter-Spring 1970 (1 November 1969-30 April 1970), the DA Sanctuary Counteroffensive (1 May 1970-30 June 1970), the Vietnam Counteroffensive Phase VII (1 July 1970-30 June 1971), and the Consolidation I (1 July 1971-30 November 1971) campaigns during the applicant's tours of duty in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his awards of the Aircraft Crew Member Badge (i.e., the Aviation Badge) and the Air Medal (1st Oak Leaf Cluster) with “V” Device; MOSs of 67A10, 67A1F, and 67U2F; and his military education.

2.  General orders awarded the applicant the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam and the Air Medal for heroism while engaged in aerial flight in connection with military operations against a hostile force in the Republic of Vietnam, neither of which is shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show the Air Medal (1st Oak Leaf Cluster) with "V" Device.

3.  General orders awarded the applicant's units of assignment two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and one award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation which are not shown on his records; therefore, he is entitled to correction of his records to show these unit awards.

4.  Special orders awarded the applicant the Aircraft Crew Member Badge (now known as the Aviation Badge), the Driver and Mechanic Badge, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these badges.

5.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show he participated in four campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of four bronze service stars to be affixed to the Vietnam Service Medal.

6.  The evidence of record shows the applicant completed the 12-week Aircraft Maintenance Apprentice Course from 2 March 1969 to 28 May 1969.  There is no harm to the Army or the Soldier if the entry "WODL03-L ACGT MAINT" is removed from item 25 of his DD Form 214 and is replaced with the entry "Aircraft Maintenance Apprentice Course, 12 weeks, 1969."

7.  With respect to the Helicopter Door Gunner Qualification Course, the applicant's records show he completed the Helicopter Door Gunner Qualification Course (MOS 67A1F) on 29 May 1969.  It appears that subsequent to completion of Aircraft Maintenance Apprentice Course from 2 March 1969 to 28 May 1969, the applicant completed the 4-week Helicopter Door Gunner Qualification Course on 29 May 1969 and was awarded MOS 67A1F.  Therefore, this training course should be listed on his DD Form 214

8.  With respect to the Crew Chief Training Course, there is no indication in the applicant's records that he completed this course.

9.  With respect to the applicant's MOS, the evidence of record shows the applicant was awarded MOS 67B2F on 10 January 1971 and held this MOS at the time of his separation.  This MOS is correctly shown on his DD Form 215 which corrected his previously issued DD Form 214.


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.  adding to his DD Form 214 awards of the Air Medal (1st Oak Leaf Cluster) and "V" Device, two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Aviation Badge, the Driver and Mechanic Badge, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and four bronze service stars to be affixed to his already-awarded Vietnam Service Medal; and

	b.  deleting from item 25 the entry "WODL03-L ACGT MAINT" and adding the entries "Aircraft Maintenance Apprentice Course, 12 weeks, 1969" and "Helicopter Door Gunner Qualification Course, 4 weeks, 1969."

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 MOSs 67A1O, 67A1F, and 67U2F, and the Crew Chief Course.



      __________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)                                         AR20090013088



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090013088



7


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1