IN THE CASE OF:	  

		BOARD DATE:  17 October 2013

		DOCKET NUMBER:  AR20130003297 


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 records to show award of the:

* Aircraft Crewman Badge (now known as and hereafter referred to as the Basic Aviation Badge)
* Air Medal
* Army Good Conduct Medal
* Korea Defense Service Medal

2.  The applicant states his records were not updated by the company clerk in Korea.

3.  The applicant provides:

* Headquarters, I Corps (Group), Letter Orders Number 10-66, dated 27 October 1970
* Headquarters, I Corps (Group), Special Orders Number 268, dated 30 November 1970
* 8th Army Combat Aviation Battalion (Provisional) Special Orders Number 5, dated 11 May 1971
* two DA Forms 759 (Individual Flight Record and Flight Certificate – Army (Part I))
* five DA Forms 759-1 (Individual Flight Record and Flight Certificate – Army (Part II))
* Headquarters, 2d Armored Division, General Order Number 274, dated 25 January 1972
* letter from Headquarters, 1st Battalion, 67th Armor, 2d Armored Division, dated 31 January 1972
* DA Form 137 (Installation Clearance Record), dated 8 February 1972
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), effective 8 February 1972

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.  On 30 January 1970, he enlisted in the Regular Army.

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

	a.  He was assigned to the 239th Aviation Company (Assault Helicopter) in Korea on 10 August 1970.

	b.  He was awarded military occupational specialty (MOS) 67N2F (Crew Chief) effective 20 October 1970.

	c.  He was awarded the National Defense Service Medal and Armed Forces Expeditionary Medal.

4.  A Standard Form 88 (Report of Medical Examination), dated 16 September 1970, shows the applicant was qualified for Class III flight.

5.  Headquarters, I Corps (Group), Letter Orders Number 10-66, dated 27 October 1970, placed the applicant (listed on a roster of 85 individuals) on temporary duty and authorized repeated travel between home station and the hostile fire zone during the period 1 October to 30 November 1970.  The purpose was to fly missions in a hostile fire area.

6.  Headquarters, I Corps (Group), Special Orders Number 268, dated 30 November 1970, stated the applicant was required to perform hazardous duty as a crew member of the UH-1D helicopter effective 16 September 1970 based on verbal orders of the commanding officer.  His MOS was shown as 67N2F and the type of duty was shown as "crew member UH-1D."

7.  8th Army Combat Aviation Battalion (Provisional) Special Order Number 5, dated 11 May 1971, listed the applicant as having been required to perform hazardous duty during the period 1 April to 4 September 1971.  The type of duty indicated was hostile fire.

8.  The applicant provided two DA Forms 759.

	a.  One DA Form 759 for the period September 1970 to June 1971 shows he completed a total of 213 flight hours.  It also shows he had no flight hours in February 1971.

	b.  One DA Form 759 for the period June to August 1971 shows he completed a total of 255 flight hours.  He completed flight hours during each of these months.

9.  The applicant provided five DA Forms 759-1 that show a breakdown by date of the hours flown and the mission symbols for the period 22 September 1970 to 12 August 1971.

10.  On or about 5 September 1971, he returned to the United States and was assigned to Headquarters and Headquarters Company, 1st Battalion, 67th Armor, 2d Armored Division, Fort Hood, TX.

11.  In a letter to the Monarch Rubber Company, dated 31 January 1972, his commander stated the applicant served as a helicopter crewman in South Korea and was awarded "the Aviators Wings, along with a Combat Airmans' [sic] Medal for a number of air mobile assaults and air mobile rescue operations."

12.  On 8 February 1972, he was released from active duty.  His DD Form 214 shows he was awarded the:

* National Defense Service Medal
* Armed Forces Expeditionary Medal (Korea)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Army Good Conduct Medal
* Air Medal

13.  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.

14.  Army Regulation 672-5-1 (Military Awards), in effect at the time, stated that for permanent award of the Basic Aviation Badge, an individual:

	a.  must have been on a flying status performing the duties of crew chiefs, electronic sensor system operators, and flight engineers for not less than 12 months (not necessarily consecutive) or must have been school trained for a principal duty specified; and

	b.  was 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.

DISCUSSION AND CONCLUSIONS:

1.  The Air Medal and Army Good Conduct Medal are already shown on his DD Form 214.  Therefore, no corrective action is necessary concerning these two awards.  To receive medals already listed on the DD Form 214, the applicant should send a written request to the National Personnel Records Center, 1 Archives Drive, St. Louis, MO, along with a copy of his DD Form 214.

2.  There is sufficient evidence to show he was assigned and performed the duties of crew chief in a UH-1D for a period of not less than 12 months and was qualified based on a Class III physical examination.  Therefore, he should be awarded the Basic Aviation Badge and this badge should be added to his DD Form 214.

3.  Based on his period of service in Korea, he is authorized the Korea Defense Service Medal.  Therefore, this award should be added to 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 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:

	a.  awarding him the Basic Aviation Badge effective 4 September 1971 and

	b.  adding the following awards to his DD Form 214:

* Korea Defense Service Medal
* Basic Aviation Badge



      _______ _  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)                                         AR20130003297



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ABCMR Record of Proceedings (cont)                                         AR20130003297



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