IN THE CASE OF:	  

		BOARD DATE:	  3 June 2010

		DOCKET NUMBER:  AR20090020426 


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 (Certificate of Release or Discharge from Active Duty) to show the Meritorious Service Medal with First Oak Leaf Cluster and the Senior Aircraft Crewman Badge.  

2.  The applicant states these awards are missing from his DD Form 214.

3.  The applicant provides:

* DD Form 214
* DA Form 2446 (Request for Orders)
* Orders and award certificates for the Meritorious Service Medal and Meritorious Service Medal with First Oak Leaf Cluster

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 on 17 February 1969.  He arrived in Vietnam on 21 April 1970.  His DA Form 2-1 (Personnel Qualification Record) shows he served as an aircraft armament repairman (career management field (CMF) 68) assigned to the 501st "TC" Detachment of the 101st Aviation Battalion in Vietnam from 5 May 1970 through 17 November 1971.  He also trained as a helicopter missile systems repairman, aircraft component repair supervisor, and aircraft maintenance senior sergeant.  He served in Korea from 18 March 1979 through 9 April 1980.  He remained on active duty through continuous reenlistments until he retired on 28 February 1989 in the rank of master sergeant.    

3.  The applicant's DD Form 214 shows the National Defense Service Medal, Bronze Star Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Army Commendation Medal, Good Conduct Medal (6th Award), Army Service Ribbon, Noncommissioned Officer Professional Development Ribbon-3, three awards of the Overseas Service Bar, Republic of Vietnam Cross of Gallantry with Palm Unit Citation, Air Medal, Army Achievement Medal, Air Crewman's Badge, Overseas Service Ribbon, "M-16 Qualification Badge," and "M-14 Qualification Badge" as authorized awards.

4.  Headquarters, 2d Infantry Division Permanent Orders 110-49, dated 25 April 1980, show the applicant received the Meritorious Service Medal for the period 20 March 1979 to 19 March 1980.

5.  Headquarters, U.S. Army Aviation Systems Command Permanent Orders    23-3, dated 6 March 1987, show the applicant received the Meritorious Service Medal with First Oak Leaf Cluster for the period 1 March 1981 to 30 September 1986.
 
6.  There are no orders for the Senior Aircraft Crewman Badge in the available records.  However, the applicant provided a DA Form 2446, dated 7 August 1987, for the Senior Aircraft Crewman Badge.  This form shows the applicant's unit submitted a request for orders for the Senior Aircraft Crewman Badge for the period October 1969 through September 1978.  This form also states the applicant performed duty as specified by the governing awards regulation in effect at the time. 

7.  The Aircraft Crewman Badge is currently known as the Aviation Badge.



8.  Army Regulation 600-8-22 (Military Awards) authorizes permanent award of the Senior Aviation Badge to individuals based upon 7 years of successful performance of flight status.  Soldiers in CMF 67 and CMF 93, (including all 68 series military occupational specialties may qualify for the Senior Aviation Badge with 10 years experience if they meet the specified criteria.

9.  Records show the applicant participated in four campaigns during his assignment in Vietnam. 

10.  Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes award of a bronze service star based on qualifying service for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal, including the Vietnam Service Medal.

11.  Army Regulation 600-8-22 states the Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant received the Meritorious Service Medal with First Oak Leaf.  Therefore, his DD Form 214 should be corrected to show these awards. 

2.  Considering the applicant's extensive experience in CMF 68, the DA Form 2446 provided by the applicant for the Senior Aircraft Crewman Badge is accepted as sufficient evidence on which to amend his DD Form 214 to show the Senior Aviation Badge. 
 
3.  The applicant participated in four campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with four bronze service stars.  Therefore, his DD Form 214 should be corrected to show this award.

4.  The applicant served a period of qualifying service for award of the KDSM.  Therefore, his DD Form 214 should be corrected to show this medal.



BOARD VOTE:

____x____  ____x____  ____x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Meritorious Service Medal with First Oak Leaf Cluster, Senior Aviation Badge, KDSM, and four bronze service stars for wear on his already-awarded Vietnam Service Medal on 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)                                         AR20090020426





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ABCMR Record of Proceedings (cont)                                         AR20090020426



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