IN THE CASE OF:    

		BOARD DATE:  5 May 2015	  

		DOCKET NUMBER:  AR20140012252 


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) to show he completed search and rescue (SAR) training and that he was awarded or authorized the following awards:

* Overseas Service Ribbon
* Combat Commemorative Service Commemorative
* Airborne and Air Assault Commemorative Ribbon (interpreted to mean the Parachutist Badge and Air Assault Badge)
* Prisoner of War (POW) Medal
* Presidential Unit Citation
* Army Aircrew Wing Badge
* Combat Action Badge 
* Army Aviation Aircrew Badge (interpreted to mean the Basic Aviation Badge)
* SAR Badge 

2.  The applicant states the above awards should be added to his DD Form 214 because they should have been awarded to him, but he never received them.  

3.  The applicant provides Unit Orders Number 53, dated 11 September 1963, issued by the 117th Aviation Company (Air Mobile Light) and a 5-page press release from the Army Security Agency, Fort Devens, MA, dated 7 July 2014.  

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 enlisted in the Regular Army on 27 June 1962.  He was awarded military occupational specialty (MOS) 631.10 (Wheel Vehicle Mechanic) upon completion of initial entry training.  

3.  His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 19 January to 6 December 1963.   

4.  His DA Form 24 (Service Record) shows he was assigned to the 8th Transportation Company from 23 January to 24 June 1963, and to the 117th Aviation Company from 25 June to 5 December 1963 in Vietnam.

5.  His DA Form 20 shows he was assigned to Germany from 16 January 1964 to 
6 June 1965.  His DA Form 20 does not indicate he completed SAR training.  

6.  He was released from active duty and transferred to the U.S. Army Reserve on 12 June 1965.  His DD Form 214, as amended by a DD Form 215 (Correction to DD Form 214), on 10 June 2011, shows he was awarded or authorized the:

* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Vietnam Service Medal with one bronze service star (in lieu of the Armed Forces Expeditionary Medal)
* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

7.  Item 29 (Other Service Training Courses Successfully Completed) of his 
DD Form 214 does not indicate he completed SAR training.


8.  There is no evidence in his military records that shows:

* he completed SAR training 
* he complete airborne or air assault training or that he was awarded the Parachutist Badge and/or the Air Assault Badge
* he was held captive by the enemy during his service in Vietnam
* his units of assignment were awarded the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966)
* he held an aviation MOS

9.  He provided Unit Orders Number 53, dated 11 September 1963, issued by the 117th Aviation Company (Air Mobile Light), which show he was appointed to the SAR Team.  These orders include the following statement:  "Team members will be instructed in the proper use of SAR equipment.  Team members are qualified to rappel from helicopters and may be used to perform missions that require rappelling."

10.  He also provided a 5-page press release from the Army Security Agency, Fort Devens, MA, dated 7 July 2014; this document does not show he competed SAR training or that he was awarded or recommended for the awards and badges he contends should be added to his DD Form 214.  

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

	a.  The Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

	b.  Award of the basic Parachutist Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School or have participated in at least one combat parachute jump.

	c.  Award of the Air Assault Badge requires satisfactory completion of an air assault training course according to the U.S. Army Training and Doctrine Command standardized Air Assault Core Program of Instruction, or completion of the standard Air Assault Course while assigned or attached to the 101st Airborne Division (Air Assault) after 1 April 1974.

	d.  The POW Medal was authorized on 8 November 1985 and is awarded to individuals who in past armed conflicts were taken prisoner or held captive after 
5 April 1917.  The POW Medal is to be issued only to those U.S. military personnel and other personnel granted creditable U.S. military service who were taken prisoner and held captive.

	e.  The Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.

	f.  Award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined.  

	g.  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).

12.  Army Regulation 600-8-22 does not identify the following awards as authorized awards that are to be recorded on the DD Form 214:

* Combat Commemorative Service Commemorative
* Army Aircrew Wing Badge
* SAR Badge

13.  Army Regulation 635-5 (Separation Documents), in effect during the applicant's active duty service, provided that in item 29 enter installation training courses (qualification courses), military correspondence courses, and off-duty courses completed during the period covered by the DD Form 214.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show he completed SAR training and the omitted awards and badges have been carefully reviewed.  

2.  He provided orders indicating he was appointed to the SAR Team; however, there is no evidence in his records, such as a training certificate confirming he completed SAR training.  In addition, his DA Form 20 does not show he completed SAR training.  Therefore, there is no basis to correct his DD Form 214 by adding this training. 

3.  The evidence shows he performed overseas service in Vietnam and Germany.  The Overseas Service Ribbon may only be awarded retroactively in those situations where the recipient had an Active Army status on or after           1 August 1981.  The applicant's last day on active duty was 12 June 1965; therefore, he is not authorized the Overseas Service Ribbon. 

4.  There is no evidence in his available records indicating he was awarded the Parachutist Badge or the Air Assault Badge, or evidence indicating he completed airborne or air assault training.  Therefore, there is no basis to add these badges to his DD Form 214.

5.  There is no evidence indicating he was held captive by the enemy during his service in Vietnam.  Therefore, he is not authorized the POW Medal.

6.  There is no evidence showing his units of assignment were awarded the Presidential Unit Citation.  Therefore, there is no basis to add this unit award to his DD Form 214.  

7.  The Combat Action Badge is authorized from 18 September 2001 to a date to be determined.  His last day on active duty was 12 June 1965.  Therefore, he is not authorized this badge.

8.  The applicant's MOS was Wheel Vehicle Mechanic.  Therefore, he is not authorized the Basic Aviation Badge.

9.  He is requesting correction of his DD Form 214 to show the Combat Commemorative Service Commemorative, Army Air Crew Wing Badge, and the SAR Badge.  These awards and commemorative medals are not identified in Army Regulation 600-8-22 as authorized awards that are to be recorded on the DD Form 214; therefore, there is no basis to correct his DD Form 214 to show them.  









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)                                         AR20140012252



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ABCMR Record of Proceedings (cont)                                         AR20140012252



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