IN THE CASE OF:	  

		BOARD DATE:  5 July 2012

		DOCKET NUMBER:  AR20120000810 


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 correct his military occupational specialty (MOS) and add:

* “Flight Wings” (Aircraft Crew Member Badge - now known as the Aviation Badge)
* All awards of the Air Medal

2.  The applicant states that when he was released from active duty the Army was out of medals and he was told his medals would be mailed to him.  They never were.  Eventually he wrote to the National Personnel Records Center (NPRC) and received his medals.  It was at that time he noticed his Aircraft Crew Member Badge and Air Medals were not listed on his DD Form 214 and his MOS was incorrect.  

3.  The applicant provides:

* DA Form 2446-R (Request for Orders), dated 1 November 1969
* Memorandum: Request for Flight Status Orders, dated, 24 November 1969
* Special Orders (SOs) Number 338, dated 4 December 1969
* DA Form 759-1 (Individual Flight Record and Flight Certificate - Army)
* Letter Orders Number 09-1294432, dated 25 September 1974
* Letter from NRPC, dated 21 May 2010

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 11 October 1968.  

3.  SOs Number 12, issued by Headquarters, U.S. Army Aviation School, Fort Rucker, AL, on 13 January 1969 awarded him the primary MOS 67A.

4.  His records show he served in Vietnam with the 178th Aviation Company from 
13 April 1969 to 30 March 1970.

5.  Unit Orders Number 89, issued by the 178th Assault Support Helicopter Company, Vietnam, on 13 September 1969 promoted him to specialist four (SP4) and awarded him primary MOS 67U (Medium Helicopter Repairman).

6.  General Orders (GOs) Number 3574, issued by Headquarters, Americal Division, Vietnam, on 7 April 1970, awarded him the Air Medal (2nd through 3rd Awards).  

7.  SOs Number 101, issued by Headquarters, Americal Division, Vietnam, on 
7 April 1970, promoted him to SP5/E-5 in primary MOS 67U, effective 17 March 1970.

8.  His DA Form 1-1 (Enlisted Personnel Data Change Report), a form that reflects changes in personnel entries or personnel database updates, dated 19 June 1971, lists his duty and secondary MOS as 67M (OH-13/OH-23 Helicopter Repairman). 

9.  His DA Form 20 (Enlisted Qualification Record) lists his primary MOS as 67U and his secondary MOS as 67M.

10.  He was honorably released from active duty on 8 October 1971.  Item 23a (Specialty Number and Title) of his DD Form 214 shows his MOS as 67M2O and the title of this MOS as "SF/SRObsHelRpmn."  Additionally, item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the:

* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal
* Army Commendation Medal
* 2 overseas service bars

11.  He provided two DA Forms 759-1 (Individual Flight Record and Flight Certificate - Army (Part II) which show the combat missions he completed during his service in Vietnam:

Month/Year
Monthly Combat Hours
November 1969
41.7 combat hours
December 1969
56.7 combat hours
January 1970
35.1 combat hours
February 1970
24.1 combat hours
12.  His DA Form 759 for the period from November 1969 to December 1969 shows completion of a total of 157.6 flight hours designated as combat time (his DA Form 759 credited him with 158 combat hours).  Additionally, he participated in 36 combat missions.

13.  He provided SOs Number 338, issued by Headquarters, Americal Division, Vietnam, on 4 December 1979, which show he served as a crew chief.

14.  DA Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during his service with the 178th Aviation Company his unit was awarded the Republic of Vietnam Gallantry 
Cross with Palm Unit Citation for service from 24 August 1969 to 31 December 1969, based on DAGO Number 42, dated 1972.

15.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  During his service in Vietnam he participated in the following campaigns:

* Tet 69/Counteroffensive, 23 February - 8 June 1969
* Vietnam Summer - Fall 1969, 9 June 1969 - 31 October 1969
* Vietnam Winter - Spring 1970, 1 November 1969 - 30 April 1970

16.  A review of his service record shows no derogatory information in the form of lost time, nonjudicial punishment (NJP), or suspension of favorable personnel actions that would disqualify him for the first award of the Army Good Conduct Medal during the period 11 October 1968 through 8 October 1971.  He received "excellent" ratings for his conduct and efficiency.  There are also no entries in his record to indicate that his commanders denied him award of the Army Good Conduct Medal during this period of service.

17.  Army Regulation 672-5-1 states 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 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.

18.  Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214 and states the primary MOS code number and title would be entered in Item 23a.  

19.  Army Regulation 672-5-1 (Military Awards), in effect at the time states commanders of any unit with Army aircraft assigned could publish orders allowing qualified members of that command to wear the Aircraft Crew Member Badge.  For 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, technical inspectors, crew chief, flight engineer, aircraft maintenance supervisor, observer, gunner, or technical inspector.  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 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.  Military Personnel (MILPER) message number 00-138 (date/time group 101221Z April 2000) changed the name of the Aircraft Crew Member Badge to the Aviation Badge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's record contains orders awarding him primary MOS 67U and his DA Form 20 confirms that 67U was his primary MOS.  The MOS listed on his DD Form 214 was his secondary MOS.  Army regulations clearly state the primary MOS is to be listed on the DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show his MOS as 67U2O.

2.  He was a school trained aircraft mechanic, served as a crew chief and participated in 36 combat missions during his service in Vietnam.  As a school trained aircraft mechanic he should have been awarded the permanent Aviation Badge upon his graduation from advanced individual training, effective on 
13 January 1969, the date the U.S. Army Aviation School awarded him his primary MOS.  Therefore he is entitled to correction of his DD Form 214 to show the Aviation Badge.

3.  GOs awarded him the second and third award of the Air Medal; therefore, he is entitled to correction of his DD Form 214 to show these awards.

4.  Evidence show he participated in three campaigns during his service in Vietnam; therefore, he is entitled to correction of his DD Form 214 to show three bronze service stars affixed to his previously awarded Vietnam Service Medal.

5.  GOs awarded his units in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, he is entitled to correction of his DD Form 214 to show this unit award.

6.  He served honorably during the period 11 October 1968 through 8 October 1971.  His records do not contain any derogatory information in the form of lost time, NJP, or suspension of favorable personnel actions that would disqualify him for the first award of the Army Good Conduct Medal.  Additionally, there are no entries in his record to indicate that his commander denied him this award.  It appears he met the criteria for this award.  Therefore, he is entitled to award of the Army Good Conduct Medal and correction of his DD Form 214 to show it.



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

* awarding him the:

* Army Good Conduct Medal (1st Award) for the period 11 October 1968 through 8 October 1971

* deleting from item 23a of his DD Form 214 the entry "67M2O SF/SRObsHelRpmn" 
* adding to item 23a of his DD Form 214 the entry "67U2O Medium Helicopter Repairman"
* adding to item 24 of his DD Form 214

* Aviation Badge
* Air Medal (3rd Award) 
* Army Good Conduct Medal (1st Award)
* 3 bronze service stars to be affixed to his previously-awarded Vietnam Service Medal 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 



      _______ _   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)                                         AR20120000810





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ABCMR Record of Proceedings (cont)                                         AR20120000810



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