BOARD DATE: 19 January 2017 DOCKET NUMBER: AR20150015828 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF _____X___ ____X____ ____X____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 19 January 2017 DOCKET NUMBER: AR20150015828 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: a. amending item 3 of his DD Form 214 for the period ending 6 December 1968 to show his SSN as shown on his DD Form 214 for the period ending 8 December 1965 and b. adding award of the Air Medal and Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214 for the period ending 6 December 1968. 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 award of the Basic Aviation Badge. ______________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. BOARD DATE: 19 January 2017 DOCKET NUMBER: AR20150015828 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) for the period ending 6 December 1968 to show his social security number (SSN) as XX7-XX-XXXX and award of the Air Medal. He also requests, in effect, award of the Basic Aviation Badge (formerly known as the Aircraft Crew Member Badge). 2. The applicant states: * his SSN should be XX7-XX-XXXX * general orders show he was awarded the Air Medal on 31 January 1968 * he did not receive his Aircraft Crew Member Badge 3. The applicant provides: * Air Medal orders * DD Form 214 for the period ending 6 December 1968 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 was inducted into the Army of the United States on 3 December 1965. His DA Form 41 (Record of Emergency) shows his SSN as XX7-XX-XXXX. On 8 December 1965, he was honorably discharged for immediate enlistment in the Regular Army. Item 3 (SSN) of his DD Form 214 for the period ending 8 December 1965 shows his SSN as XX7-XX-XXXX. 3. He enlisted in the Regular Army on 9 December 1965 for a period of 3 years. He completed his training and was awarded military occupational specialty 45J (aircraft armament). He was assigned to Company A, 229th Aviation Company, 1st Cavalry Division, in Vietnam from 1 June 1967 to 15 May 1968. 4. Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 666, dated 31 January 1968, awarded him the Air Medal for meritorious achievement while participating in aerial flight in Vietnam during the period July 1967 to August 1967. These orders show his SSN as XX7-XX-XXXX. 5. On 6 December 1968, he was honorably released from active duty. 6. His DD Form 214 for the period ending 6 December 1968 shows: a. his SSN as XX2-XX-XXXX and b. he was awarded or authorized the Vietnam Service Medal with three bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), National Defense Service Medal, and Marksman Marksmanship Qualification Badge with Rifle Bar. 7. There are no orders for the Aircraft Crew Member Badge in the available records. 8. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show award of the Aircraft Crew Member Badge. REFERENCES: 1. 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. 2. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows the 229th Aviation Battalion was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 to 19 May 1969 in Department of the Army General Orders Number 59, dated 1969. 3. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers at the time of retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. The general instructions stated to ensure that all information entered on the DD Form 214 was accurate. DISCUSSION: 1. The applicant's DD Form 214 for the period ending 8 December 1965 shows his SSN was recorded as XX7-XX-XXXX prior to his enlistment in the Regular Army on 9 December 1965. However, his DD Form 214 for the period ending 6 December 1968 shows his SSN as XX2-XX-XXXX. It appears that an administrative error occurred when recording his SSN on his DD Form 214 for the period ending 6 December 1968. 2. General orders show he was awarded the Air Medal for meritorious achievement while participating in aerial flight (as a non-crewmember) in Vietnam during the period July 1967 to August 1967. His DD Form 214 for the period ending 6 December 1968 does not show this medal. 3. His request for award of the Aircraft Crew Member Badge was noted. The governing regulation in effect at the time stated for permanent award of the Aircraft Crew Member Badge, an individual must have performed in one of the specified duties (non-crewmember, in this case) for temporary award of the Aircraft Crew Member Badge for not less than 12 months (not necessarily consecutive) or must have been school-trained for a specified principal duty. 4. His award of the Air Medal covered a 2-month period. There is no evidence showing he performed as a non-crewmember for not less than 12 months for permanent award of the Aircraft Crew Member Badge. Temporary awards are not recorded on the DD Form 214. 5. His Vietnam unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment. His DD Form 214 for the period ending 6 December 1968 does not show this unit award. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150015828 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150015828 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2