IN THE CASE OF:	  

		BOARD DATE:	  16 November 2010

		DOCKET NUMBER:  AR20100013276


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 (Report of Separation from Active Duty), item 17a (secondary specialty number and title) and item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), to show 91B2F (Flying Medic) and the Aircraft Crew Member Badge (renamed the Aviation Badge in 2000).

2.  He states, in effect, military occupational specialty (MOS) 91B2F and the Aircraft Crew Member Badge are not shown on his DD Form 214.  He has supporting document proving errors of omission on his DD Form 214.

3.  He provides:

* his crewmember flying status orders
* a DD Form 139 (Pay Adjustment Authorization)
* a DA Form 145 (Army Correspondence Course Enrollment Application)
* his Form W-2 (Wage and Tax Statement)
* an Emergency Medical Technician (EMT) course completion certificate and list of graduates
* his crewmember termination of flying duty orders
* a Recognition of Service certificate
* his DD Form 214
* a letter from the National Personnel Records Center
* information on the Aircraft Crewman Badge


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 enlisted in the Regular Army on 27 January 1971.  He completed training and was awarded primary MOS 71G2O (Medical Records Specialist), on 3 August 1971.  He was awarded secondary MOS 91B2O (Medical Specialist), on 13 June 1972.

3.  On 22 December 1972, Headquarters, 9th Infantry Division, Fort Lewis, WA, issued Special Orders Number 211 awarding him crewmember flying status effective 8 December 1972.  These orders show his MOS as 71G2O.

4.  A DA Form 145, dated 21 March 1973, shows his duty assignments were flying medic in MOS 91B2F from 1 December 1972 to 21 March 1973 and medical specialist in MOS 91B from 29 October 1971 to 24 October 1972.

5.  He completed the EMT course on 29 July 1973 and graduated on 21 August 1973.

6.  On 18 December 1973, Headquarters, 9th Infantry Division, Fort Lewis, WA, issued Special Orders Number 352 terminating his flying duty effective 1 December 1973.  These orders show his MOS as 71G2O.

7.  On 14 February 1974, he was recognized for outstanding service from 1 December 1972 through 15 February 1974 with the MAST 54 Helicopter Ambulance.

8.  He was released from active duty (REFRAD) in pay grade E-4 on 15 February 1974 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).

9.  Item 17a of his DD Form 214 shows secondary MOS "91B2O Med Sp 72/06/13."  Item 26 of his DD Form 214 lists the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Army Good Conduct Medal, two Overseas Service Bars, and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).  

10.  His DA Form 20 (Enlisted Qualification Record), item 38 (Record of Assignments), shows he served in MOS 91B2O from 1 December 1972 to 15 February 1974.  Item 41 (Awards and Decorations) of his DA Form 20 does not show award of the Aircraft Crew Member Badge.

11.  Army Regulation 635-5 (Separation Documents), then in effect, governed the preparation of the DD Form 214.  It stated the DD Form 214 provided a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  The regulation stated item 17a would list the Soldier's secondary MOS code number and title and date of award.  There were no provisions for listing more than one secondary MOS code number and title in item17a.

12.  Army Regulation 211-201 (Enlisted Career Management Fields and Military Occupational Specialties), in effect at the time, provides the enlisted MOS classification structure for the U.S. Army.  The major duties for MOS 91B are supervises dispensary or field medical facilities, administers emergency medical treatment to battlefield casualties, assists with inpatient and outpatient care and treatment, and assists with technical and administrative management of medical treatment facilities.  Chapter 5 of this regulation contains a list of special qualification identifiers authorized for use with an MOS that identifies special requirements of certain positions and special qualifications of personnel who are capable of filling such positions.  It states SQI "F" (Flying Status) is used to identify positions which require personnel to perform frequent and repetitive aerial flights.  Individuals awarded this identifier must volunteer for flight duty and complete qualifying physical examination for flight status.

13.  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.  

14.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends item 17a of his DD Form 214 should be corrected to reflect MOS 91B2F.  Although he provided documentation showing he served in MOS 91B2F from 1 December 1972 to 21 March 1973, the evidence of record shows his flying duties were terminated on 1 December 1973, at which time he no longer participated in aerial flight.  Since his flying status was terminated he no longer qualified for SQI "F."  As such, this secondary MOS code number and title and date of award was properly annotated in item 17a of his DD Form 214.  Therefore, he is not entitled to correction of item 17a of his DD Form 214 to show the MOS of 91B2F.

2.  He also contends his DD Form 214 should to be corrected to show award of the Aircraft Crew Member Badge.  The evidence shows he was awarded flying crewmember status effective 8 December 1972 and that status terminated effective 1 December 1973, after serving a period of 11 month and 24 days.  Regulatory guidance provided for temporary and permanent award of the Aircraft Crew Member Badge.  Medical aidmen, in a flying status, were authorized temporary award of the Aircraft Crew Member Badge until relieved from those duties.  In order for them to be authorized permanent wear of the Aircraft Crew Member Badge an individual must have performed in one of the specified duties for not less than 12 months (not necessarily consecutive), or must have been 

school trained for a specified principal duty, or 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.

3.  The evidence of record and the evidence submitted by him do not show the applicant met the criteria for award of the permanent 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.  

4.  In view of the foregoing, there is no basis for granting his request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__X____  ___X____  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.



      _________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)                                         AR20100013276



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ABCMR Record of Proceedings (cont)                                         AR20100013276



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