IN THE CASE OF:	  

		BOARD DATE:	  11 September 2014

		DOCKET NUMBER:  AR20140002599 


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 for correction of his military records by upgrading his discharge to honorable.  He further requests, as new issues:

* Showing his awards, including Bronze Star Medal (BSM), Purple Heart (PH), and “Wings,” interpreted to mean the Aircraft Crew Member Badge
* Showing his military occupational specialty (MOS) as 67U2P

2.  The applicant states his records lack the medals he was promised.  His discharge should be corrected and his MOS should be corrected to read 67U2P.  His military records were not in the possession of his company in the Republic of Vietnam (RVN).  They could not be located for a month.  He received the Bronze Star Medal, Purple Heart, and “Wings” in formation, but they were not recorded in his records.  In the RVN he was a door gunner and crew chief.  He worked in MOS 67U and saw quite a bit of action causing him nausea every time he took off for flight.  After a while, he was grounded because of the nausea.  When he left the RVN he was assigned to a chemical position which he did not want.  He reenlisted for MOS 67U.  This caused him to request a discharge which he did not want.  The stress caused to him by the Army was unwarranted.  He requested three times to be sent back to the RVN but it never happened.

3.  The applicant provides no additional documents.



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 upgrade of his discharge was considered and denied by the Board in docket number AR20060003777, dated 21 September 2006.  The staff of the ABCMR reviewed his request for reconsideration and determined that his request for reconsideration was not received within one year of the ABCMR's original decision.  As a result, his request for reconsideration does not meet the criteria for consideration.  Accordingly, it will not be further discussed in these proceedings.  The applicant does have the option to seek relief in a court of appropriate jurisdiction.

3.  On 20 June 1969, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded MOS 71H2P (Personnel Specialist with airborne qualification).

4.  On 16 December 1969, he departed the United States for duty in the RVN.  He was assigned as a personnel specialist with the 25th Administration Company, 25th Infantry Division.

	a.  On 24 February 1970, he was discharged for the purpose of immediate reenlistment.  His DD Form 214 shows:

* his MOS as 71H2P
* he was awarded the National Defense Service Medal, Vietnam Service Medal, and Parachutist Badge

b.  On 25 February 1970, he reenlisted for a period of 3 years.

	c.  On 7 June 1970, he was assigned as a door gunner (MOS 67A1F) with the 159th Assault Helicopter Battalion.  On 20 August 1970, he was assigned as a helicopter crew chief (MOS 67U2O).
	d.  The applicant departed the RVN on or about 5 December 1970 for duty at Fort Bragg, NC.

5.  The applicant accepted the following nonjudicial punishments while assigned at Fort Bragg, NC:
   
* 2 April 1971, for being absent without leave (AWOL) for 11 days from 17 to 27 March 1971
* 4 August 1971, for being AWOL for 5 days from 25 to 30 July 1971
* 31 August 1971, for being AWOL for 16 days from 14 to 30 August 1971
* 5 October 1971, for being AWOL 5 days from 24 to 26 September and 2 to 3 October 1971

6.  He was discharged on 17 December 1971.  His DD Form 214, as corrected by DD Form 215 (Correction to DD Form 214), shows his MOS as 71H2P and his awards as:

* National Defense Service Medal
* Parachutist Badge
* Vietnam Campaign Medal
* Valorous Unit Award
* Meritorious Unit Commendation
* Vietnam Service Medal with three bronze service stars
* RVN Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Automatic Rifle Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar

7.  The applicant's DA Form 20 (Enlisted Qualification Record) shows:

	a.  in Item 38 (Record of Assignments) – there is no entry indicating he was a patient;

	b.  in Item 40 (Wounds) – there is no entry indicating he was wounded in action; and

	c.  in Item 41 (Awards and Decorations) – the entries indicate the same awards as listed on his DD Form 214.

8.  The applicant’s name is not listed on the Vietnam Casualty Roster.

9.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) failed to reveal any orders awarding the applicant the Bronze Star Medal or the Purple Heart.  ADCARS is 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.

10.  Army Regulation 600-8-22 (Military Awards):

   a.  The Purple Heart is awarded to a member of the Armed Force of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed, or who has died or may die after being wounded in any action against an enemy of the United States.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.
   
	b.  The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

11.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided for temporary and permanent award of the Aircraft Crew Member Badge.  Commanders of any unit with Army aircraft assigned could publish orders allowing qualified members of that command to wear the Aircraft Crew Member Badge.

	a.  To be eligible for temporary 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, or technical inspectors.  Individuals were also 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.  These personnel were authorized to wear the badge temporarily until relieved from those duties or they could be authorized permanent wear of the Aircraft Crew Member Badge once they fulfilled the regulatory requirements for permanent award of the badge.

	b.  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.  Personnel who were precluded by incapacitation from further flight duty due to wounds sustained as a result of hostile action or injuries resulting from an aircraft accident for which they were not personally responsible were entitled to permanent wear of the Aircraft Crew Member Badge.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected by:

* Showing his awards, to include the BSM, PH, and the Aircraft Crewman Badge
* Showing his MOS as 67U2P

2.  There are no available general orders announcing his award of the PH, the Vietnam Casualty Roster does not contain his name, and his DA Form 20 does not indicate he received any wounds while in action or that he had been in a patient status at any time.

3.  There are no available general orders announcing his award of the BSM.

4.  The available evidence clearly shows he performed duty as a door gunner and later as an aircraft crew chief between 7 June and 5 December 1970, a period of about 7 months.  However, permanent award of the Aircraft Crew Member Badge required a minimum of 12 months service, school training, or a minimum of 15 combat missions under probable exposure to enemy fire while serving in the principal duty of crew chief.  Unfortunately, there is no evidence of record showing whether the applicant completed the required minimum number of combat missions.

5.  The evidence of record shows he was awarded a primary MOS of 71H2P.  It also shows that he was placed in a duty MOS of 67A1F and 67U2O; however, there is no evidence that shows he was ever awarded either of these duty MOSs as a primary or secondary MOS.

6.  In view of the above, the applicant’s request should be denied.



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)                                         AR20140002599





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ABCMR Record of Proceedings (cont)                                         AR20140002599



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