IN THE CASE OF:	  

		BOARD DATE:	  18 August 2011

		DOCKET NUMBER:  AR20110002699 


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 add:

* The Air Medal (4th Oak Leaf Cluster) and "V" Device
* Military Occupational Specialty (MOS) 67U (Multi-Engine Tandem-Rotor Helicopter Repair Course) 

2.  The applicant states his DD Form 214 shows the Air Medal (2nd Oak Leaf Cluster) and "V" Device; it should show the Air Medal (4th Oak Leaf Cluster) and "V" Device.  He held MOS 67N (UH-1 Helicopter Repairer) but he also served for 90 days in a temporary duty status as a CE (Communications and Electronics) for the 17th Group Commander and all hours flown were slow to catch up.  He was the only CE on UH-1 in Vietnam but he had both MOSs. 

3.  The applicant provides a certificate of MOS 67U completion, a certificate for award of the Air Medal (4th Oak Leaf Cluster) for heroism, and DD Form 214.

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 on 15 February 1966.  Subsequent to completing basic combat training, he completed the:

* 5-week Aircraft Maintenance Crewman Course at Fort Rucker, AL
* 5-week Single Rotary Turbine (UH-1) Helicopter Maintenance Course at Fort Rucker, AL
* 6-week Multi Engine Tandem-Rotor (METR) Helicopter Repair Course at Fort Eustis, VA

3.  On 6 July 1966, Headquarters, U.S. Army Aviation Center Troop Brigade, Fort Rucker, AL, published Special Orders (SO) Number 133 awarding him MOS 67N, effective 29 July 1966.

4.  He served in Vietnam in MOS 67N from on or about 18 October 1966 to on or about 11 October 1967.  He was assigned to the 119th Aviation Company.  Additionally, while in Vietnam, he was promoted to specialist four/E-4 on 13 December 1966 and specialist five/E-5 on 10 August 1967, in MOS 67N.

5.  Headquarters, 1st Aviation Brigade, published the following General Orders (GO:

* GO Number 204, dated 17 January 1967, awarded him the Air Medal (2nd Oak Leaf Cluster) for achievement from 28 November to 17 December 1966
* GO Number 217, dated 18 January 1967, awarded him the Air Medal for achievement from 14 to 28 November 1967
* GO Number 1916, dated 19 May 1967, awarded him the Air Medal for achievement from 8 to 14 November 1966
* GO Number 2402, dated 2 August 1967, awarded him the Air Medal (4th Oak Leaf Cluster) and "V" Device for heroism on 11 November 1966
* GO Number 5358, dated 5 November 1967, awarded him the Army Commendation Medal for service from October 1966 to October 1967

6.  On 2 February 1968, Headquarters, Sharpe Army Depot, Lathrop, CA, published SO Number 23 awarding him hazardous duty pay as a crew member in MOS 67N effective 14 November 1967.

7.  Item 22 (Military Occupational Specialties) of his DA Form 20 (Enlisted Qualification Record) shows he was awarded primary MOS (PMOS) 67N and secondary MOS (SMOS) 67U, both on 1 April 1968.

8.  He was honorably released from active duty on 14 February 1969 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.  His DD Form 214 shows the following entries:

* Item 23a (Specialty Number and Title) - "67N20 UH-1 Helicopter Repairman" 
* Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) - the

* Sharpshooter Marksmanship Qualification Badge with Rifle Bar    (M-14)
* Vietnam Service Medal with two bronze service stars
* Vietnam Campaign Medal with "1960" Device
* Air Medal (2nd Oak Leaf Cluster) and "V" Device
* One overseas service bar
* Good Conduct Medal (1st Award)
* National Defense Service Medal 

* Item 25 (Education and Training Completed) - in pertinent part, the

* 5-week Aircraft maintenance Crewmember Course
* 5-week Single Rotary Turbine Helicopter Maintenance Course
* 6-week METR (Multi-Engine Tandem-Rotor) Helicopter Mechanic

9.  Army Regulation 635-5 (Separations Document) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  Item 23a showed the primary specialty number and title at the time of separation.  Item 25 showed the installation training or qualification courses, military correspondence courses, off-duty courses, and other training courses the enlisted person completed successfully during the period covered by the DD Form 214, and includes title, length in weeks, and year completed.  

10.  A review of the applicant's records indicates entitlement to additional awards which are not listed on his DD Form 214.

11.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign participation Credit Register) shows his service with the 119th Aviation Company, this unit was cited for awards of the:

* Valorous Unit Award, for service from 28 to 30 May 1966, by DAGO Number 40, dated 1966
* Republic of Vietnam Gallantry Cross w/Palm unit citation for service from 1 March 1966 to 26 March 1967 by DAGO Number 22, dated 1968

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the Air Medal (4th Oak Leaf Cluster) and "V" Device; however, his DD Form 214 inadvertently listed this award as Air Medal (2nd Oak Leaf cluster) and "V" device; therefore, he is entitled to correction of his DD Form 214 to show the correct number of Air Medals. 

2.  General orders awarded him the Army Commendation Medal which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award. 

3.  General orders awarded his unit the Valorous Unit Award and Republic of Vietnam Gallantry Cross with Palm Unit Citation which are not shown on his records; therefore, he is entitled to correction of his records to show these unit awards. 

4.  With respect to MOS 67U, although he completed training requirements for and was awarded this MOS, the regulation in effect at the time required a listing of the PMOS in item 23a - 67N in the applicant's case.  There was no provision to list additional MOS in item 23 of the DD Form 214 at the time.  Nevertheless, there is no harm to the Army or the Soldier if this SMOS is entered in item 30 (Remarks) of his DD Form 214. 

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 the Department of the Army records of the individual concerned be corrected by:

* deleting from item 24 of his DD Form 214 the Air Medal (2nd Oak Leaf Cluster) and "V" Device" and adding the:

* Air Medal (5th Award) and "V" Device
* Army Commendation Medal
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

* adding to item 30 of his DD Form 214 the entry "SMOS: 67U2O"



      _______ _   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)                                         AR20110002699



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ABCMR Record of Proceedings (cont)                                         AR20110002699



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