IN THE CASE OF:	  

		BOARD DATE:	    9 December 2010

		DOCKET NUMBER:  AR20100015633 


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) to show the:

* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Aircraft Crew Member Badge
* Army of Occupation Medal (Berlin)
* Overseas Service Bar
* Training in military occupational specialty (MOS) 26K2O (Electronic Warfare Equipment Repairman) 

2.  He states these items are missing from his DD Form 214.  

3.  He provides the following documents:

* his DA Form 20 (Enlisted Qualification Record)
* a Standard Form (SF) 88 (Report of Medical Examination
* his DD Form 214
* his discharge orders

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 8 July 1965.  He completed the required training and he was awarded MOS 26K.  On 2 October 1967, he was awarded primary MOS 33C (Terminal Intercept Equipment Repairman).  His highest rank/grade attained was specialist five (SP5)/E-5.

3.  Special Orders Number 9, issued by Headquarters, TUSLOG [The U.S. Logistics Group] Detachment 27, Turkey, dated 11 January 1967, awarded him the Aircraft Crewmember Badge (Temporary), effective 16 December 1966.

4.  His DA Form 20 shows the following:

   a.  Item 27 (Military Education) shows he completed 38 weeks of training in the Electronic Warfare Equipment Repairman course in MOS 26K2O in 1966.
   
   b.  Item 29 (Qualification in Arms)/item 41 (Awards and Decorations) shows he qualified as an Expert with the M-14 rifle on 28 April 1967 and he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) by Special Orders Number 77.

   c.  Item 31 (Foreign Service)/38 (Record of Assignments) show he served in Turkey and Germany from 9 October 1966 to 17 April 1968.  He was assigned to the U.S. Army Security Agency Field Agency Station, Berlin from 15 December 1967 to 16 April 1968.
   
   d.  Item 31/item 38 (Record of Assignments) show he served in Vietnam from 24 May 1968 to 13 February 1969 while assigned to the 156th Aviation Company, 224th Aviation Battalion.

   e.  Item 41, in pertinent part, lists the Army of Occupation Medal (Berlin), Aircraft Crew Member Badge (Temporary), and One Overseas Service Bar.


5.  He was released from active duty on 17 February 1969 by reason of overseas returnee in the rank/grade of SP5/E-5.  He completed 3 years, 7 months, and
10 days of total active military service.  

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Republic of Vietnam Campaign Medal
* Vietnam Service Medal
* Army Good Conduct Medal

7.  Item 25 (Education and Training Completed) contains the entry “NONE.”

8.  Department of the Army General Orders Number 8, dated 1974, announced   award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

9.  Army Regulation 600-8-22 (Military Awards) sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree - Expert, Sharpshooter, and Marksman - in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.  

10.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided for temporary and permanent award of the Aircraft Crew Member Badge.  Commanders of any unit with Army aircraft assigned could 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 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.  Individuals were also required 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 were authorized to wear the badge temporarily until relieved from those duties or they could be authorized 


permanent wear of the Aircraft Crew Member Badge once they fulfilled the regulatory requirements for permanent award of the badge.  

11.  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.  Personnel who were precluded by incapacitation from further flight duty due to wounds sustained as a result of hostile action or injuries resulting from an aircraft accident for which they were not personally responsible were entitled to permanent wear of the Aircraft Crew Member Badge.  Further, an individual who 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 was entitled to permanent award of the Aircraft Crew Member Badge.

12.  Army Regulation 600-8-22 provides, in pertinent part, that the Army of Occupation Medal is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location.  Personnel at a qualifying location as an inspector, courier, and escort on temporary or detached duty are precluded from eligibility.  The Army of Occupation Medal with Germany Clasp is authorized for service in the Army of Occupation of Berlin between 9 May 1945 and 2 October 1990.

13.  Paragraph 2-13 of Army Regulation 600-8-22 contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Table B-1 shows that during the applicant's tour of duty in Vietnam, participation credit was awarded for the following campaigns:

* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)

14.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate DA message.


15.  For Vietnam service, one Overseas Service Bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the Overseas Service Bar.

16.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  The version in effect at the time stated that service schools, including major courses which were successfully completed and military-sponsored courses completed in civilian schools and colleges, during the period covered by the DD Form 214 will be entered in item 25 (Education and Training Completed).

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s DA Form 20 shows he qualified as an Expert with the M-14 rifle and he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, his DD Form 214 should be corrected to show this qualification badge.  

2.  Orders issued on 11 January 1967 show he was awarded a temporary award of the Aircraft Crew Member Badge.  The Military Awards regulation, in effect at that time, provided for temporary and permanent award of the Aircraft Crew Member Badge.  Personnel who were eligible for temporary award of the Aircraft Crew Member Badge were only authorized to wear this badge until relieved of flight duties or authorized permanent wear of this badge.  His service record does not indicate he was authorized a permanent award of the Aircraft Crew Member Badge.  Therefore, he is not entitled to correction of his DD Form 214 to show this badge.

3.  The evidence of record shows he served a period of qualifying service in Berlin for award of the Army of Occupation Medal with Germany Clasp.  Therefore, his DD Form 214 should be corrected to show this award.  

4.  He served a period of qualifying service for authorization to wear the Overseas Service Bar and his DA Form 20 shows one Overseas Service Bar.  However, Army Regulation 670-1, the governing Army regulation, states the Overseas Service Bar is an item for wear on the uniform.  Although he is authorized to wear one, he is not eligible for correction of his DD Form 214 to show the Overseas Service Bar.

5.  His DA Form 20 confirms he completed 38 weeks of training as an Electronic Warfare Equipment Repairman in 1966.  Therefore, his DD Form 214 should be corrected to show this course.  

6.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units which served in Vietnam.  He served in Vietnam during a qualifying period and is eligible for this award.  Therefore, his DD Form 214 should be corrected to show this unit award.

7.  His DD Form 214 currently reflects the Vietnam Service Medal.  However, he participated in three campaigns during the Vietnam War.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 accordingly.

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 his DD Form 214 the Vietnam Service Medal;

	b.  adding to item 24 of his DD Form 214 the Vietnam Service Medal with three bronze service stars, Army of Occupation Medal with Germany Clasp, Republic of Vietnam Gallantry Cross with Palm Unit Citation; and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14); and

   c.  adding to item 25 of his DD Form 214 the entry "Electronic Warfare Equipment Repairman Course, 26K2O, 38 Weeks, 1966.”


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 the Aircraft Crew Member Badge and the Overseas Service Bar.



      _________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)                                         AR20100015633



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ABCMR Record of Proceedings (cont)                                         AR20100015633



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