IN THE CASE OF: 

		BOARD DATE:  29 October 2013

		DOCKET NUMBER:  AR20130003404 


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 reconsideration of his earlier request to correct his records to show award of a second Air Medal and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show:

	a.  in item 23a (Specialty Number and Title):  "67N2F Crew Chief"; and

	b.  in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized):  Basic Aviation Badge and four overseas service bars.

2.  He states he was transferred before the second Air Medal was awarded to him.  His orders for flight status are clear, his orders for inactivation from flight status are available, the orders to his new unit and his DA Form 20 (Enlisted Qualification Record) are also clear, but the orders for the second Air Medal were lost.  His earlier request was denied due to lack of information.  He has obtained additional information he believes supports his claim.

3.  He provides:

* special orders assigning him to non-aviator crewmember crew chief duty effective 24 May 1968
* special orders terminating his flying status effective 27 August 1968
* special orders assigning him to non-aviator crewmember crew chief duty effective 30 October 1968
* DA Form 20
* newspaper article reporting he was awarded the Air Medal on 19 September 1968
* extract of Army Regulation 600-8-22 (Military Awards), paragraphs 1-32 (Presentation of Decorations) and 3-19 (Rules for Processing DA Form 638 (Recommendation for Award))
* Army Review Boards Agency letter, dated 17 February 2004, with enclosed DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552)
* Army Review Boards Agency letter, dated 2 March 2004
* DD Form 214
* DD Form 215 (Correction to DD Form 214), dated 17 February 2004

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 request for a second Air Medal was included in the Record of Proceedings for ABCMR Docket Number AR20050002910 on 10 October 2005; however, his request for a second Air Medal was not considered.  He was advised of his option to request a second award of the Air Medal under the provisions of Title 10, U.S. Code, section 1130.

3.  The applicant enlisted in the Regular Army on 26 June 1967.

4.  His DA Form 20 shows:

	a.  in item 22 (Military Occupational Specialties), he was awarded MOS 67N (UH-1 Helicopter Repairman) on 7 December 1967;

	b.  in item 27 (Military Education), he completed the 11-week Single Rotor Turbine Utility Helicopter Mechanic course at the U.S. Army Transportation School in 1967 and was awarded MOS 67N1O;

	c.  in item 38 (Record of Assignments), he was assigned in Vietnam to the:

* 166th Transportation Detachment from 24 January to 21 May 1968 as a helicopter mechanic in MOS 67N2O
* 335th Assault Helicopter Company from 22 May to 18 September 1968 as a UH-1 Helicopter Repairman in MOS 67N2O
* 616th Transportation Detachment from 19 September 1968 to 11 September 1969 as a crew chief in MOS 67N2F
* 61st Assault Helicopter Company from 12 September 1969 to 25 March 1970 as a crew chief in MOS 67N2F

	d.  in item 41 (Awards and Decorations), no entry for the, second Air Medal, Basic Aviation Badge or overseas service bars.

5.  On 27 March 1970, he was honorably released from active duty as a specialist five/E-5.  He completed 2 years, 9 months, and 2 days of active duty service.  His DD Form 214 does not list the Basic Aviation Badge or overseas service bars.  His DD Form 214 shows:

	a.  in item 23a:  "67N2O UH-1 Hel Repmn [Helicopter Repairman]"; and

	b.  in item 25 (Education and Training Completed), he completed 11 weeks of training as a Single Rotor Turbine Utility Helicopter Mechanic at Fort Eustis, Virginia.

6.  U.S. Army Transportation School, Fort Eustis, Virginia, Special Order Number 238, dated 8 December 1967, shows he was awarded primary MOS 67N2O effective 7 December 1967.

7.  There is no evidence showing he requested a second award of the Air Medal under the provisions of Title 10, U.S. Code, section 1130.

8.  The applicant provided copies of orders assigning him to non-aviator crewmember crew chief duty in two separate units in Vietnam.  He received orders for award of the Air Medal for the first unit; however, there are no orders awarding him a second Air Medal for his crew chief duty in the second unit.

9.  Army Regulation 600-8-22 prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status but may also be awarded to those personnel whose combat duties require them to fly; for example, personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  Permanent award of the Basic Aviation Badge is authorized to individuals upon successful completion of advanced individual training (AIT) in career management fields (CMF's) 67 (Aircraft Maintenance) and 93 (Aviation Operations) and to Soldiers who previously completed AIT in CMF 28 (Aviation Communications and Electronic Systems Maintenance).

10.  The overseas service bar is an item of uniform wear; it is not an authorized award or decoration.

11.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) governs the requirements for wear of the overseas service bar.

12.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training.  During the Vietnam War, item 21 of the DD Form 214 showed the individual's specialty number and title at the time of separation.

DISCUSSION AND CONCLUSIONS:

1.  The evidence clearly shows the applicant completed AIT and was awarded MOS 67N effective 7 December 1967.  Therefore, he qualifies for permanent award of the Basic Aviation Badge and correction of his DD Form 214 to reflect this badge.

2.  There is no evidence showing he was recommended for or awarded a second Air Medal.

2.  There is no evidence showing the applicant was awarded MOS 67N2F.  Although his record shows he performed duty as a crew chief, that was not the title of his MOS at the time of his separation.  Therefore, his record should not be corrected to show his MOS and title as "67N2F Crew Chief."

3.  The overseas service bar is an item of uniform wear; it is not an award or decoration authorized for entry on the DD Form 214.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X___  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 awarding him the Basic Aviation Badge effective 7 December 1967 and adding it to his DD Form 214.

2.  The Board further determined 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 correcting his DD Form 214 to show his specialty number and title as "67N2F Crew Chief,” award of a second Air Medal, or to list his overseas service bars.




      ___________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)                                         AR20120016763



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ABCMR Record of Proceedings (cont)                                         AR20130003404



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