IN THE CASE OF:	  

		BOARD DATE:	  4 March 2014

		DOCKET NUMBER:  AR20130011259 


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:

	a.  award of the Meritorious Service Medal, Combat Medical Badge, and Senior or Master Aviation Badge and

	b.  correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show:

* award of the –

* Meritorious Service Medal
* Combat Medical Badge
* Senior or Master Aviation Badge
* Republic of Korea Presidential Unit Citation
* any other authorized unit citations

* his periods of service in military occupational specialties (MOS's) 68G (Airframe Repairman) and 68D (Power Train Repairman)

2.  The applicant states:

* his periods of service in MOS's 68D and 68G are not included in his final DD Form 214
* Army Regulation 600-8-22 (Military Awards) shows he is authorized award of the Combat Medical Badge and Senior or Master Aviation Badge based on his service and MOS's
* the Republic of Korea Presidential Unit Citation was authorized for the 7th Infantry Regiment in 1963
* he served for 20 years with all positive evaluation reports
* he was awarded six Army Good Conduct Medals
* he was awarded the Army Commendation Medal for his last 5 years of service
* his total years of service combined with his positive evaluation reports and awards warrant award of the Meritorious Service Medal

3.  The applicant provides:

* three DD Forms 214
* DA Form 2-1 (Personnel Qualification Record – Part II)
* Army Commendation Medal Certificate
* two Army Achievement Medal Certificates
* two Army Certificates of Achievement
* two unit Certificates of Achievement
* three letters of appreciation
* two MOS-related orders
* six diplomas or Certificates of Training
* 11 evaluation reports
* three photographs of a Soldier identified as being on the Korean demilitarized zone (DMZ) in November 1977
* three copies of his official military photograph
* excerpts from Army Regulation 600-8-22
* Internet description of the Republic of Korea Presidential Unit Citation

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 periods of active Army service are not fully documented.  The available records show he was inducted into the Army of the United States on 16 July 1962 and he was discharged on 21 September 1962 for immediate enlistment in the Regular Army.  Other than his period of foreign service in Korea from 4 May 1963 through 5 August 1963, there is no other documentation for this period of active service.  Additionally, the available records do not contain information for his active service from his enlistment on 6 February 1970 as shown on his DA Form 2-1 through 21 April 1971.  His DD Forms 214 show he served on continuous active duty from 22 April 1971 through his retirement on 31 December 1988.

3.  His DD Form 214 for the period ending 23 January 1977 shows:

* primary MOS 68G (Airframe Repairman) effective 5 December 1970
* secondary MOS 68D (Aircraft Power Train Repairman)
* 2 years, 3 months, and 27 days of prior active duty service
* no prior inactive service
* service in Korea from 19 January 1971-18 February 1972 and 19 October 1974-19 May 1976
* award of the –

* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Aircraft Crewman Badge
* Army Good Conduct Medal (2nd Award)

4.  He was awarded the Imjin Scout Insignia for his service on the Korean DMZ from 1 October 1977-1 December 1977.

5.  He was awarded the Army Commendation Medal for meritorious service as an instructor for the period October 1983-December 1988.

6.  His DD Form 214 for the period ending 31 December 1988 shows:

* service in MOS 68J3H (Aircraft Armament/Missile System Repairer) for 17 years
* service in MOS 91B3O (Medical Noncommissioned Officer (NCO)) for 3 years
* 11 years, 11 months, and 7 days of net active service during this period
* 8 years and 29 days of prior active service
* 4 years, 10 months, 19 days of prior inactive service
* award of the –

* National Defense Service Medal
* Armed Forces Expeditionary Medal (Korea)
* Aircraft Crewmen Badge
* Army Service Ribbon
* Army Achievement Medal with (2nd Award)
* NCO Professional Development Ribbon with Numeral 3
* Army Good Conduct Medal (6th Award)
* Overseas Service Ribbon (2nd Award)
* Army Commendation Medal

7.  The applicant's records show he completed the following training courses:

* Airframe Repair Course (MOS 68G) – 1970 
* Aircraft Power Train Repair Course (MOS 68D) – 1975 
* Basic Medical Specialist Course (MOS 91B) – 1977
* Summer Mountain Training Course – 1978
* Primary Leadership Course (MOS 91B) – 1979 
* Chemical Biological Warfare Course – 1979
* Helicopter Missile System Repair Course (MOS 68J) – 1980 
* Battalion Training Management Course – 1980
* Airload Planners Course – 1981
* Instructors Training Course – 1984
* Aircraft Fire Control Systems Supervisor Course (MOS 68J) –1985
* Aircraft Maintenance NCO Advanced Course (MOS 68J) – 1985 

8.  His DA Form 2-1 shows:

* service in Korea from –

* 4 May 1963-5 August 1963 (unit assignment not shown)
* 19 January 1971-30 March 1972 with the 45th Transportation Company and the 306th Transportation Company
* 2 June 1972-20 August 1973 with the 45th Transportation Company
* 19 October 1974-19 May 1976 with the 45th Transportation Company, 194th Maintenance Battalion
* 8 August 1977-4 August 1978 with Headquarters and Headquarters Company, 1st Battalion, 23rd Infantry Regiment, 2nd Infantry Division, and Headquarters and Headquarters Company, 1st Battalion, 9th Infantry Regiment, 2nd Infantry Division

* completion of MOS 68G training in 1970, MOS 91B training in 1977, and MOS 68J training in 1980

9.  His record contains MOS orders dated June 1980 that show secondary MOS 68D was withdrawn and he was awarded secondary MOS 91B and additional MOS 68D.

* MOS 68G from 25 January 1971-30 November 1976
* MOS 68D from 1 December 1976-14 April 1977
* MOS 91B from 13 August 1977-30 April 1979
* MOS 11X (Correctional Custody Supervisor) from 1 May 1979-2 January 1980
* MOS 68J from 30 June 1980-30 April 1981
* MOS 91B from 16 July 1981-12 October 1983
* MOS 68J as an instructor from 25 October 1983-7 October 1987
* MOS 68H as an instructor for 52 days
* MOS 68J as an instructor/writer from 1 December 1987-1 April 1988

10.  A review of regimental histories for the 2nd Infantry Division and 7th Infantry Division show the Korean government awarded the Republic of Korea Presidential Unit Citation to all members of these divisions for their service while deployed to the Korean Peninsula from 1945-1948 and 1950-1971.

11.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  Each individual approaching retirement may be considered for an appropriate decoration based on his or her grade, years of service, degree of responsibility, and manner of performance.  For meritorious service awards at retirement, inclusion of service longer than that served within the command recommending the award is permitted.  These periods should not exceed 10 years and an extended period should only be considered in those cases where the length or nature of the individual's terminal assignment would not qualify him or her for an appropriate award.

	b.  Only one decoration will be awarded to an individual for the same act, achievement, or period of meritorious service.

	c.  It is the responsibility of any individual having personal knowledge of an act, achievement, or service believed to warrant the award of a decoration to submit a formal recommendation into military command channels for consideration within 2 years of the act, achievement, or service to be honored.  The Army does not condone self-recognition; therefore, a Soldier may not recommend himself/herself for award of a decoration.

	d.  The Combat Medical Badge is awarded to medical department personnel (colonel and below) who are assigned or attached to a medical unit of company or smaller size that is organic to an infantry unit of brigade, regimental, or smaller size while engaged in active ground combat.  Battle participation credit is not sufficient; the infantry unit must have been in contact with the enemy and the individual Soldier must have been personally present and under fire during such ground combat.  The Combat Medical Badge is authorized for award for eligible service in Korea on the DMZ from 4 January 1969 to 31 March 1994.

	e.  The Aircraft Crewman Badge is currently known as the Aviation Badge.  It is awarded in three levels – Basic, Senior, and Master.

		(1)  For award of the Basic Aviation Badge, an individual must have satisfactorily completed prescribed training and proficiency tests and must have been designated as an aviator in orders.

		(2)  For award of the Senior Aviation Badge, a Soldier must have successfully perform 7 years on flight status in a principal duty assignment, only time involving frequent and regular flights will be counted toward fulfillment of this requirement; and be recommended by the unit commander of the unit to which they are assigned.

		(3)  For award of the Master Aviation Badge, a Soldier must have performed 15 years on flight status in a principal duty assignment and be recommended by the unit commander of the unit to which the Soldier is assigned; only time involving frequent and regular flights will be counted toward fulfillment of this requirement.

	f.  The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have 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.

	g.  The Republic of Korea Presidential Unit Citation is awarded by the Korean government.  Not more than one Republic of Korea Presidential Unit Citation will be worn by any individual and no oak leaf cluster or other appurtenance is authorized.

12.  Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty and provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  The regulation in effect at the time stated to enter all MOS codes, titles, years and months.

DISCUSSION AND CONCLUSIONS:

1.  Award of the Meritorious Service Medal does not appear to be warranted.  Regulations preclude a Soldier from recommending him or herself for a personal decoration such as the Meritorious Service Medal.

2.  Further, his command elected to award him the Army Commendation Medal for meritorious service his last 5 years of active duty service.  The award of the Meritorious Service Medal would constitute award of a second medal for the same period of meritorious service which is precluded.

3.  While the applicant is shown to have served on the Korean DMZ from 1 October 1977 to 1 December 1977 as well as in Korea three other occasions, he has not provided and the record does not contain any evidence to show he was assigned to a medical unit of company or smaller size that was organic to an infantry unit of brigade, regimental, or smaller size while engaged in active ground combat and that he was personally present and under fire during such ground combat.  Therefore, entitlement to the Combat Medical Badge cannot be established.

4.  The applicant was awarded the Basic Aviation Badge (Aircraft Crewman Badge) upon completion of MOS 68G training in 1970.  He served in one of three aviation repair MOS's for over 12 years with the last 4 years as an instructor.

5.  While he is shown to have served in a qualifying MOS for over 12 years, he has not provided and the records do not contain any evidence to determine when or if he was on flight status or that the time served in his aviation MOS's involved frequent and regular flights.

6.  Without verification of meeting all eligibility requirements, award of either the Senior Aviation Badge or Master Aviation Badge is not warranted.

7.  The applicant is shown to have served in Korea during periods for which the he was authorized the Korea Defense Service Medal and a unit to which he was assigned was awarded the Republic of Korea Presidential Unit Citation.  It would be appropriate to correct his DD Form 214 to reflect these awards.

8.  His DD Form 214 for the period ending 23 January 1977 shows the applicant’s MOSs as 68G (4 years and 7 months) and 68D (1 year and 8 months).

9.  Army Regulation 635-5 states the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty, i.e., unless otherwise specified only information from that period of service is entered on the form.  The regulation in effect at the time stated to enter all MOS codes, titles, years and months.

10.  His DD Form 214 shows he held MOS 68J for 17 years.  It should not have shown he held it for longer than 11 year and 11 months; however, the Board will not correct this MOS as to do so would make him worse off.

11.  Orders dated June 1980 show he held MOS 68D at that time; his January 1977 DD Form 214 shows he held MOS 68D then; and there are no orders in his record withdrawing MOS 68D prior to his retirement in December 1988.  Therefore, it would be appropriate to correct his DD Form 214 for the period ending 31 December 1988 to add 68D3O/Aircraft Powertrain Repairer/11 years 11 months.

12.  Based upon his completion of MOS 91B training in 1977, it would also be appropriate to show he held MOS 91B3O for 11 years and 11 months.

13.  However, there is insufficient evidence in the available records to show the applicant held MOS 68G at the time of his retirement and therefore there is an insufficient basis on which to add this MOS to his last 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:

	a.  deleting the entry current entry in block 11 of his DD Form 214 for the period ending 31 December 1988;

	b.  adding the entry "68J3H Aircraft Armament/Missile System Repairer 17 years//91B3O Medical NCO 11 years, 11 months//68D3O/Aircraft Powertrain Repairer/11 years 11 months" to block 11 of his DD Form 214 for the period ending 31 December 1988; and

	c.  adding award of the Korea Defense Service Medal and Republic of Korea Presidential Unit Citation to his DD Form 214 for the period ending 31 December 1988.

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:

	a.  adding MOS 68G to his DD Form 214 for the period ending 31 December 1988 and

	b.  award of the Meritorious Service Medal, Combat Medical Badge, Senior Aviation Badge, or Master 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)                                         AR20130011259



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ABCMR Record of Proceedings (cont)                                         AR20130011259



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