BOARD DATE:	  30 April 2015

		DOCKET NUMBER:  AR20140013059 


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 record to show award of the Army Commendation Medal (ARCOM), Senior Airman Wings (correctly known as the Senior Aviation Badge), Marksman Marksmanship Qualification Badge with Grenade Bar, Cold War Commemorative Medal/Ribbon, and Vietnam Era Commemorative Medal/Ribbon.

2.  The applicant states that his last DD Form 214 does not show he was awarded the ARCOM, Senior Aviation Badge, Marksman Marksmanship Qualification Badge with Grenade Bar, Cold War Commemorative Medal/Ribbon, and Vietnam Era Commemorative Medal/Ribbon.

3.  The applicant provides:

* two DD Forms 214 (Report of Separation from Active Duty)
* DD Form 4 (Enlistment Contract–Armed Forces of the United States)
* DA Form 2-1 (Personnel Qualification Record–Part II)
* orders
* an ARCOM certificate
* seven letters of appreciation

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 enlisted in the Regular Army (RA) on 10 October 1972.  After completing basic and advanced individual training he was awarded military occupational specialty 67G (airplane repairman).  He served until he was discharged on 17 March 1976 for the purpose of immediate reenlistment.  He was issued a DD Form 214 that shows he was awarded the National Defense Service Medal (NDSM), Crewman Badge (now known as the Aviation Badge), Good Conduct Medal, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

3.  On 18 March 1976, he reenlisted in the RA. 

4.  His record contains and he submitted a DA Form 2-1 that shows:
	a.  he served in Germany from 1 June 1973 to 27 May 1976; and

	b.  he was awarded the NDSM, Aircraft Crewman Badge, Good Conduct Medal, and Sharpshooter Marksmanship Qualification Badge with Rifle 
Bar (M-16).

5.  The applicant's record is void of official orders announcing award of the Senior Aircraft Crewman Badge and Marksman Marksmanship Qualification Badge with Grenade Bar.

6.  On 17 March 1979, the applicant was honorably released from active duty in the rank of specialist five/pay grade E-5.  His DD Form 214 shows he served in Germany from 1 June 1973 to 27 May 1976.  He completed a total of 6 years, 5 months, and 8 days of active military service.  He was awarded the NDSM, Basic Aviation Badge, Good Conduct Medal (2nd award), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).



7.  He submitted:

	a.  An ARCOM certificate and Permanent Orders Number 31-3, dated 13 February 1979, which show he was awarded the ARCOM for meritorious service during the period 17 February 1978 to 7 February 1979.

	b.  Six letters of appreciation dated from 17 May 1974 to 12 December 1978 for outstanding job performance.

8.  Army Regulation 600-8-22 (Military Awards) states marksmanship badges and tabs are awarded to indicate the degree in which an individual has qualified in a prescribed record course and an appropriate bar is furnished to denote each weapon with which he or she qualified.  The purpose of awarding badges is to provide for public recognition by tangible evidence of the attainment of a high degree of skill, proficiency, and excellence in tests and competition, as well as in the performance of duties.  Each bar will be attached to the basic badge that indicates the qualification last attained with the respective weapon.  Basic qualification badges are of three classes:  Expert, Sharpshooter, and Marksman.  Orders were required during the applicant's period of service.  

9.  Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, provided for temporary and permanent award of the Aircraft Crewman Badge (which was renamed the Basic Aviation Badge in 2000).  There were three degrees:  the Master Aircraft Crewman Badge, the Senior Aircraft Crewman Badge and the Aircraft Crewman Badge.  For award of the Senior Aircraft Crewman Badge, an individual must be on flying status (physically qualified-class III) and serving in one or more of the following positions: crew chief, airborne electronic sensory system operators or supervisor, flight engineer, observer, aeromedical physician assistant, medical aid person, gunner, aircraft maintenance supervisor, or technical inspector and meet the following criteria: 

	a.  Successfully performed 7 years on flying status (not necessarily consecutive) in one or more of the principal duty assignments listed above.  Only time involving frequent and regular flights will be counted toward fulfillment of this requirement, except that time involved in transit between permanent change-of-station assignments will also be credited.

	b.  Displayed complete competence in the principal duty or duties performed leading to this award. 

	c.  Attained the grade of E-4 or higher.

	d.  Be recommended by the unit commander of the unit to which presently assigned and announced in special orders.

10.  Most commemorative medals are not officially recognized.  Title 32, Code of Federal Regulations, Part 578 lists and discusses all official U.S. military decorations, medals, ribbons, and similar devices; commemorative medals are not listed as official.  Some commemorative medals are authorized by the U.S. Congress and are minted by the U.S. Mint.  However, Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) prohibits the wearing of commemorative medals.  In addition, award of these medals is not governed by the provisions of Army Regulation 600-8-22 (Military Awards) and, as a result, they are not shown on a discharge document.  

11.  The applicant has requested , in effect, award of the Cold War Recognition Certificate.  The Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 (Military Awards) and, as a result, is not shown on a discharge document.  The Secretary of Defense approved awarding the Cold War Recognition Certificate to all members of the armed forces and qualified federal government civilian personnel who faithfully and honorably served the United States anytime during the Cold War era, which is defined as 2 September 1945 to 26 December 1991.  The applicant may submit a request in writing to Commander, U.S. Army Human Resources Command (HRC), Cold War Recognition, ATTN: AHRC-CWRS, 1600 Spearhead Division Avenue, Fort Knox, KY  40122. 

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders show the applicant was awarded the ARCOM.  Therefore, he is entitled to have his DD Form 214 corrected to show this award.

2.  The evidence of record fails to show the applicant qualified as Marksman with the grenade and his DA Form 2-1 does not list the Marksman Marksmanship Qualification Badge with Grenade Bar as an authorized award.  Therefore, he is not entitled to have his DD Form 214, dated 17 March 1979, corrected to show this badge.

3.  The evidence of record shows that applicant was awarded what is now known as the Basic Aviation Badge.  However, there is no evidence to show he met the minimum criteria for award of the Senior Aviation Badge.  Therefore, he is not entitled to have his record corrected to show award of the Senior Aviation Badge.

4.  Although he is not entitled to correction of his DD Form 214 to show award of the Vietnam and Cold War Commemorative Medals/Ribbons; evidence shows he is eligible to submit a request to HRC for award of the Cold War Recognition Certificate as described in paragraph 10 above. 

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 adding the ARCOM to item 26 of his DD Form 214 dated 17 March 1979.

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 the Senior Aviation Badge, Vietnam and Cold War Commemorative Medals/Ribbons, and Marksman Marksmanship Qualification Badge with Grenade Bar.



      _________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)                                         AR20140013059



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1