IN THE CASE OF:	  

		BOARD DATE:	  24 May 2011

		DOCKET NUMBER:  AR20100028349 


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 to be awarded the Korea Defense Service Medal, Army Good Conduct Medal (AGCM), and Army Aircraft Crewman Badge.

2.  The applicant states he served in Korea from August 1969 to September 1970 and he served on active duty during a period of war.

3.  The applicant provides copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), a letter of appreciation, his Honorable Discharge Certificate, and Military Personnel (MILPER) 
Message 02-150 providing the revised criteria of the Aircraft Crew Member 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 was inducted into the Army of the United States in Indianapolis, Indiana, on 18 February 1969.  He completed basic training at Fort Knox, Kentucky, and advanced individual training (AIT) as a UH-1 Helicopter Repairman in military occupational specialty (MOS) 67N at Fort Eustis, Virginia, before being transferred to Korea on 16 August 1969.

3.  He was assigned to the 45th Transportation Company at Camp Humphreys, Pyongtaek, South Korea, for duty as a helicopter repairman.

4.  He departed Korea on 24 September 1970 and was transferred to Fort Lewis, Washington, where he was honorably released from active duty (REFRAD) that date as an overseas returnee.  He completed 1 year, 7 months, and 7 days of total active service and his DD Form 214 issued at the time of his REFRAD shows he was awarded the National Defense Service Medal and Armed Forces Expeditionary Medal.

5.  A review of his records shows he had "excellent" conduct and efficiency ratings throughout his service and his records are void of any derogatory information that would serve to disqualify him for award of the AGCM.  Additionally, the applicant's final clearance papers are contained in his official records and they show that the applicant's commander rated his conduct and efficiency as "excellent."

6.  The applicant's records contain no orders authorizing the applicant to be on flying status and it does not contain orders awarding him the Aircraft Crewman Badge.  Additionally, there are no flight records contained in his records.

7.  The letter of appreciation provided by the applicant indicates he served as a crew chief for the commander's pilot.

8.  Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who 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.

9.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

10.  Army Regulation 672-5-1 provided that for temporary award of the Aircraft Crewman Badge, the commander of any Army unit which has Army aircraft assigned may authorize in published orders qualified personnel of his command to wear the Aircraft Crewman Badge.  An individual must be on flying status in the case of crew chiefs and must be qualified to hold a principal duty assignment as a crew chief, flight engineer, or maintenance supervisor/inspector.  For permanent award, individuals must perform the duties for a period of not less than 12 months and be school trained in the position for which awarded.

11.  MILPER Message 00-138, dated 101221Z April 2000, changed the name of the Aircraft Crew Member Badge to the Aviation Badge and changed the criteria for award of the Basic, Senior, and Master Aviation Badges.  The Basic Aviation Badge may be authorized for temporary award or for permanent award while the Senior Aviation and Master Aviation Badges may only be authorized for permanent award.  The commander of any Army unit which has Army aircraft assigned may authorize temporary award of the Basic Aviation Badge to qualified personnel in the unit.  Such individuals must be performing in-flight duties and authority to wear the badge must be announced in published orders.

12.  The message stated that for permanent award of the Basic Aviation Badge, an individual must be on flying status in accordance with Army Regulation      600-106 or be granted a waiver by the U.S. Army Human Resources Command, be on flying status (qualified by a Class III flight physical), must have performed in-flight duties for not less than 12 months (not necessarily consecutive) or by logging not less than 48 flight hours (whichever comes first), or be school trained.

13.  Army Regulation 600-8-22 authorizes permanent award of the Basic Aviation Badge to individuals upon successful completion of AIT in career management field (CMF) 67 (Aircraft Maintenance) and CMF 93 (Aviation Operations) and to Soldiers who previously completed AIT in CMF 28 (Aviation Communications and Electronic Systems Maintenance).  Permanent award of the Basic Aviation Badge is also authorized for Soldiers holding a 68-series (Aircraft Components Repair) MOS and Soldiers holding MOS's 35L, 35M, 35Q, and 35W who graduated from AIT in CMF 67 prior to 30 September 1996.

DISCUSSION AND CONCLUSIONS:

1.  After carefully examining the applicant's record of service, it appears the applicant should have received the AGCM for his service from 18 February 1969 to 24 September 1970.  This conclusion is based on the fact that the record is void of any derogatory information which would preclude the applicant from being awarded the AGCM and the lack of any specific action by the applicant's unit commander to disqualify him from receiving the award.

2.  The evidence suggests that not receiving the AGCM was likely the result of an administrative error as opposed to being the result of a conscious disqualification by any of the unit commanders for which he served.  Therefore, in the interest of justice, this error should be corrected and the applicant should receive the AGCM at this time.

3.  The applicant served a tour of duty in Korea that meets the eligibility criteria for award of the KDSM.  Accordingly, it should be awarded at this time and added to his DD Form 214.

4.  It does not appear he was authorized the Aircraft Crewman Badge, now known as the Basic Aviation Badge, at the time he served on active duty.  However, the criteria for award of the badge have changed and now allow for award of the Basic Aviation Badge for completion of an aviation-related AIT.  It appears that under current criteria the applicant meets the eligibility requirements for award of the Basic Aviation Badge based on his completion of the 67N AIT on 16 July 1969.

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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:

* awarding him the AGCM (1st Award) for the period 18 February 1969 to 24 September 1970 while serving in the rank of specialist four and adding it to his DD Form 214
* awarding him the Basic Aviation Badge in the rank of private first class effective 16 July 1969 and adding it to his DD Form 214
* adding the KDSM to 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)                                         AR20100028349



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ABCMR Record of Proceedings (cont)                                         AR20100028349



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