IN THE CASE OF:
BOARD DATE: 24 September 2015
DOCKET NUMBER: AR20150002310
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 award of the Purple Heart (PH) and the "Airman Badge" (taken to mean the Aircraft Crew Member Badge (now known as the Basic Aviation Badge)).
2. The applicant states the medals are not listed on his DD Form 214.
3. The applicant does not provide any additional evidence.
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 records show he was inducted in the Army of the United States on 3 March 1966. He completed initial entry training and was awarded military occupational specialty (MOS) 76K (General Supply Specialist).
3. His DA Form 20 (Enlisted Qualification Record) shows in:
a. Item 27 (Military Education), no entries indicating he received any formal school training in an aviation MOS.
b. Item 38 (Record of Assignment) he served with Company A, 1st Aviation Battalion, 1st Infantry Division in the Republic of Vietnam as an Armorer in duty MOS 76K from 8 November to 6 October 1966.
c. Item 40 (Wounds), no entry for wounds received in action.
d. Item 41 (Awards and Decorations), no entry for the Purple Heart or the Aircraft Crew Member Badge.
4. On 1 March 1968, he was honorably released from active duty. He completed 1 year, 11 months, and 28 days of total active service. His DD Form 214 does not show award of the PH or the Aircraft Crew Member Badge.
5. The Vietnam casualty listing does not list the applicant as a casualty.
6. A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the U.S. Army Human Resources Command Military Awards Branch, an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for the PH or the Aircraft Crew Member Badge pertaining to the applicant.
7. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the PH is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.
8. Army Regulation 672-5-1 (Military Awards), in effect at the time, states for permanent award of the Aircraft Crew Member Badge, an individual must have performed as a crew chief 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 for not less than 12 months (not necessarily consecutive) or must have been school trained for a principal duty specified above.
DISCUSSION AND CONCLUSIONS:
1. The available records are void of any orders that show he was awarded the PH or that he was wounded or injured as a result of combat. His name is not listed on the Vietnam casualty listing. Therefore, he is not entitled to correction of DD Form 214 to show this award.
2. With respect to the Aircraft Crew Member Badge, his records do not contain official orders awarding him this badge. Additionally, in order to be awarded a permanent award of this badge, he would have had to hold the principal duty assignment as a crew chief, electronic sensor system operators, and flight engineer, or as a non-crewmember in the case of observer, medical aidman, gunner, aircraft maintenance supervisor, or technical inspector, had to be on flying status for 12 months, and required to have been qualified based on a Class III physical examination. The evidence does not show he met the requirements for this badge.
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) AR20150002310
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ABCMR Record of Proceedings (cont) AR20150002310
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