BOARD DATE:	  30 July 2013

		DOCKET NUMBER:  AR20120021400 


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) for the period ending 10 October 1968 to show award of the "Airman's Badge" (correctly known as the Aircraft Crew Member Badge, and now known as the Aviation Badge) and the Air Medal (First Oak Leaf Cluster).

2.  He states the record is incorrect because it does not show the exact medals, awards and decorations he earned in Vietnam.  

3.  He provides:

* DD Form 214
* Letter orders
* DA Form 305-3 (Personnel Roster)
* History of Soldiers of the 7th Battalion, 17th Cavalry Regiment

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 on 22 November 1965 and was honorably discharged on 29 November 1965.

3.  He enlisted in the Regular Army on 30 November 1965.  At the completion of basic combat and advanced individual training, he was awarded military occupational specialty (MOS) 45J (Aircraft Armament Repairman).  

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

* item 31 (Foreign Service) he served in Vietnam from 10 October 1967 to 9 October 1968
* item 38 (Record of Assignments) he performed duties as an Aircraft Armament Repairman in duty MOS 45J
* item 38 he was assigned to Troop A, 7th Squadron,17th Air Cavalry Regiment
* item 41 (Awards and Decorations) award of one Air Medal, but no entry for the Aircraft Crew Member Badge or the Air Medal (First Oak Leaf Cluster)

5.  His service record does not contain any documentation of his number of flight hours or types of missions flown.  It also does not contain any orders showing he was awarded the Aircraft Crew Member Badge or Air Medal (First Oak Leaf Cluster).

6.  He was honorably released from active duty on 10 October 1968 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement).  His DD Form 214 for the period ending 10 October 1968 doesn't show he was awarded or authorized the Aircraft Crew Member Badge or the Air Medal (First Oak Leaf Cluster).  

7.  Review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal orders for award of the Aircraft Crew Member Badge or Air Medal (First Oak Leaf Cluster) pertaining to the applicant.

8.  U.S Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided guidelines for award of the Air Medal for sustained operations.  Appendix IV required that recommendations for award of the Air Medal for crewmembers or non-crewmembers on flying status would be submitted on USARV Form 157-R.  The recommendation for award must also have stated that the individual “met the required number of missions and hours for award of the Air Medal”; that “the individual has not caused, either directly or indirectly, an aircraft abort, late take-off, accident or incident”; and that the “individual’s accomplishments and service throughout the period have reflected meritorious performance, with no instance of nonprofessionalism, mediocrity, or failure to display an aggressive spirit.”  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  The regulation 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.

9.  Army Regulation 600-8-22 authorizes permanent award of the Basic Aviation Badge to individuals upon successful completion of advanced individual training (AIT) in career management fields (CMFs) 67 (aircraft maintenance) and 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:

	a.  Soldiers holding a 68 series (aircraft components repair) military occupational specialty (MOS); Soldiers holding MOSs 35L, 35M, 35Q, and 35W who graduated from AIT in CMF 67 prior to 30 September 1996; 

	b.  Soldiers holding MOS 93C or MOS 93P who graduated from AIT in CMF 93 after 31 December 1985; 

	c.  Soldiers holding MOS 93B who graduated from AIT in CMF 93 prior to 
1 January 1998; 

	d.  Soldiers previously holding MOS 93D who graduated from a CMF 93 AIT prior to 30 September 1996 based on documented AIT after 31 December 1985; and 

	e.  In all cases, successful completion of AIT or prior AIT is required.

10.  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 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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant completed training in MOS 45J as an Aircraft Armament Repairman.  The governing regulation does not authorize Soldiers holding MOS 45J for automatic award of the Aircraft Crew Member Badge.  As there are no available orders showing he was awarded this badge there is insufficient evidence to correct his DD Form 214 to show this badge.

2.  His service record does not contain any record of his specific flight hours or orders for award of the Air Medal (First Oak Leaf Cluster).  In the absence of sufficient evidence, there is no basis for granting him a second award of the Air Medal.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x_____  ___x_____  ___x_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      _______ _ 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)                                         AR20120021400





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ABCMR Record of Proceedings (cont)                                         AR20120021400



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