BOARD DATE:	  16 June 2011

		DOCKET NUMBER:  AR20110009591 


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 of Discharge) to show the title of "Flight Engineer CH-47" and to show the Air Medals and campaign ribbons he is authorized.

2.  He states, in effect, correction of his record will assist him in his claim for veterans' benefits, and it is a matter of pride among family and fellow veterans. 

3.  He provides no documents in support of his request.

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 29 April 1969 for a period of
3 years for training in Army Career Group 67 (Aircraft Maintenance).  After completing initial entry training, he was awarded military occupational specialty (MOS) 67U (CH-47 Helicopter Repairman, commonly known as a "crew chief").  He was honorably released from active duty on 31 January 1972 in the rank/grade of specialist five (SP5)/E-5 after completing 2 years, 9 months, and 4 days of total active service.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

* item 22 (MOS) the entry "CH-47 Hel Repm" [Helicopter Repairman]
* item 31 (Foreign Service) he was credited with service in Vietnam from 30 September 1970 through 29 September 1971
* item 33 (Appointments and Reductions) he was promoted to specialist five/E-5 on 16 April 1971
* item 38 (Record of Assignments) he was assigned for duty in Vietnam with:

* the 327th Transportation Detachment (Airmobile), 101st Airborne Division, from 13 October 1970 through 17 May 1971
* Company C, 159th Aviation Battalion (Airmobile), 101st Airborne Division, from 18 May to 25 September 1971

* item 38 his duty assignments after completing initial entry training were all in MOS 67U with principal duty as a Helicopter Mechanic
* item 38 he received all "excellent" conduct and efficiency ratings throughout his service
* item 41 (Awards and Decorations) he was authorized the:

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

4.  His DD Form 214 shows in:

* item 23a (Specialty Number & Title) the entry "67U20  HELE MECH" [Helicopter Mechanic]
* item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the NDSM and the VSM


5.  His record is void of documentation showing he was trained as or served as a CH-47 "Flight Engineer."

6.  General Orders Number 6778, issued by Headquarters, 101st Airborne Division (Airmobile), dated 19 June 1971, awarded him the initial award of the Air Medal for meritorious achievement for the period 9 to 21 February 1971.

7.  General Orders Number 8544, issued by the same headquarters, dated
16 August 1971, awarded him the Bronze Star Medal for meritorious service for the period October 1970 to August 1971.

8.  General Orders Number 9548, issued by the same headquarters, dated
25 September 1971, awarded him the Air Medal (3rd through 13th Award) for meritorious achievement for the period 23 February to 27 August 1971.

9.  The record does not contain orders awarding him the Air Medal (2d Award).

10.  The record does not show he was awarded the Army Good Conduct Medal.

	a.  His record is void of documentation showing he received a commander's disqualification for award of the Army Good Conduct Medal.

	b.  His record does show he received nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice (UCMJ), on 8 August 1969 for being disrespectful in language toward a superior noncommissioned officer.

11.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the VSM.  It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following two campaigns:

* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)
* Consolidation I (1 July - 30 November 1971)

12.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

13.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for 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.

14.  Army Regulation 672-5-1 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.  

15.  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. 

16.  The Aircraft Crew Member Badge was renamed the Basic Aviation Badge in 2000.

17.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the units to which the applicant was assigned were cited for award of the following:
	a.  327th Transportation Detachment:  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March through 9 October 1971 by Department of the Army General Order (DAGO) Number 6, dated 1974

	b.  159th Aviation Battalion:  Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March through 9 October 1971 by DAGO Number 6, dated 1974

18.  Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information) states that not more than one award of the Republic of Vietnam Gallantry Cross Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

19.  Army Regulation 635-5 (Separation Documents) establishes standardized policy for the preparation of the DD Form 214.  The version in effect at the time provided, in pertinent part, that item 23a would show the primary MOS code number and title.

20.  Army Regulation 600-8-22 states Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The numeral 2 denotes the second award of the Air Medal.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record does not support his request for correction of his DD Form 214 to show the entry "Flight Engineer CH-47."  The record does not show he was a CH-47 Flight Engineer.  However, historical MOS records show MOS 67U was properly titled "CH-47 Helicopter Repairman," not "Helicopter Mechanic" as indicated on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show the title for his MOS as "CH-47 Helicopter Repairman."

2.  General orders awarded him the Bronze Star Medal.  Therefore, his DD Form 214 should be corrected to show this award.

3.  General orders awarded him the Air Medal (13th Award).  Therefore, his
DD Form 214 should be corrected to show the Air Medal with Numeral 13.

4.  He received all "excellent" conduct and efficiency ratings throughout his service.  Although he received NJP early in his military service, it was a minor infraction.  He went on to be promoted to E-5.  There is no record of a commander's disqualification for award of the AGCM.  In light of his overall record of service, it would be appropriate to award him the first award of the AGCM based on completion of a qualifying period of active Federal service from 28 April 1969 through 31 January 1972 and to correct his DD Form 214 to show this award.

5.  He participated in two campaign phases during his service in Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded VSM and correction of his DD Form 214 to show the bronze service stars.

6.  He served during a qualifying period of service in Vietnam for the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, he is entitled to correction of his DD Form 214 to show this award.

7.  Based on the fact that the applicant was promoted to E-5 in MOS 67U and received 13 awards of the Air Medal during his service in Vietnam, it is reasonable to presume that his service met the criteria for the Basic Aviation Badge.  Therefore, it would be appropriate to correct his record to show this decoration.  

8.  Each of his units in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Although he is only entitled to wear one of these awards his DD Form 214 should be corrected to show both awards.

9.  He was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, he is entitled to correction of his DD Form 214 to show these marksmanship badges.

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 23a of his DD Form 214 the entry "67U2O  HELE MECH" and replacing it with the entry "67U2O  HELICOPTER REPAIRMAN";

	b.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal;

	c.  awarding him the Army Good Conduct Medal (1st Award) for the period 28 April 1969 through 31 January 1972;

	d.  adding to item 24 of his DD Form 214 the:

* Bronze Star Medal
* Air Medal with Numeral 13
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Aircraft Crew Member Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

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 correction of his DD Form 214 to show the title "Flight Engineer CH-47."



      __________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)                                         AR20110009591



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ABCMR Record of Proceedings (cont)                                         AR20110009591



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