BOARD DATE:	  26 April 2011

		DOCKET NUMBER:  AR20100025372 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 8 July 1971 show his daily helicopter missions over the jungle in the Republic of Vietnam.

2.  The applicant states he was initially trained and certified as an aircraft armament subsystems mechanic.  He then became a clerk typist who reported statistics to battalion headquarters.  This entailed daily helicopter missions for over 6 months from Kom Tum to battalion headquarters in Pleiku.

3.  The applicant provides:

* DD Form 214
* diploma for Aircraft Armament Subsystem Mechanic Course
* certificate for award of the Army Commendation Medal
* citation for award of the Army Commendation Medal
* undated letter of commendation
* Vietnam Combat Certificate

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.  He was inducted into the Army of the United States on 9 December 1969.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 45M (Aircraft Armament Subsystem Mechanic).

3.  He served in the Republic of Vietnam from 11 July 1970 to 8 July 1971.  He was assigned to:

* 170th Aviation Company from 16 July 1970 to 27 February 1971 as a company clerk
* Headquarters and Headquarters Company, 52nd Aviation Battalion from 28 February to 4 July 1971 as a company clerk

4.  On 17 March 1971, he was promoted to specialist five/pay grade E-5 and awarded the primary MOS 71B (Clerk Typist).

5.  His Military Personnel Records Jacket (MPRJ) does not contain any records showing he flew daily helicopter missions.  There are no flight logs available for review.

6.  Army Regulation 635-5 (Separation Documents) states the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement or discharge.  However, it does not provide, nor is it intended to, a detailed history of a Soldier's duties and assignments.

DISCUSSION AND CONCLUSIONS:

1.  There is no record of the applicant having flown daily helicopter missions while he was in the Republic of Vietnam.

2.  If there were records of his daily helicopter missions, there are no provisions for entering this information on his DD Form 214.


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)                                         AR20100025372





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ABCMR Record of Proceedings (cont)                                         AR20100025372



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