IN THE CASE OF: BOARD DATE: 23 May 2018 DOCKET NUMBER: AR20160013100 BOARD VOTE: ____x_____ ___x____ ____x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 23 May 2018 DOCKET NUMBER: AR20160013100 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct Medal (1st Award) for the period 31 January 1969 through 12 January 1972 and b. adding the Army Good Conduct Medal (1st Award) and Basic Aviation Badge to his DD Form 214. __________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. IN THE CASE OF: BOARD DATE: 23 May 2018 DOCKET NUMBER: AR20160013100 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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Aircraft Crew Member Badge (now known as the Basic Aviation Badge) and Army Good Conduct Medal. He also requests correction of his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) to show the following awards: * Army Reserve Components Achievement Medal * Armed Forces Reserve Medal * Overseas Service Ribbon * Army Service Ribbon * Presidential Unit Citation with bronze oak leaf cluster * Meritorious Unit Commendation 2. The applicant states: a. He flew more than 100 hours of flight time with Company B, 126th Maintenance Battalion (Regular Army) and Company D, 149th Aviation Battalion (Army National Guard). b. He should be awarded the Army Good Conduct Medal because he made the rank of noncommissioned officer and he had no Article 15s. c. He had over 10 years of honorable service in the U.S. Army Reserve. d. He received the Presidential Unit Citation with bronze oak leaf cluster in the U.S. Army Reserve. He received the Meritorious Unit Commendation from his Reserve unit in Ohio. e. All medals and ribbons were awarded to him, but not put on his DD Form 214 or NGB Form 22. 3. The applicant provides: * certificate for symbolism * VA Form 29-8286 (Servicemen's Group Life Insurance Election) * unit history of 1-285th Attack Reconnaissance Battalion, Task Force Desert Hawk * letter from the National Personnel Records Center, dated 24 March 2016 * Honorable Discharge Certificates, dated 1 January 1975 and 11 November 1985 * DD Form 214 * NGB Form 22 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 request to correct his NGB Form 22 to show numerous awards was noted. However, paragraph 2-5, Section II, Army Regulation 15- 185, the regulation under which this Board operates, states the Board will not consider any application if it determined that an individual has not exhausted all administrative remedies available to them. Requests for administrative relief submitted by Army National Guard officers and enlisted Soldiers not on active duty are normally considered by the appropriate State Adjutant General. Therefore, the applicant is advised to submit his request to the Adjutant General of the Arizona Army National Guard or the Chief of the National Guard Bureau for the requested relief. This portion of the applicant's request will not be discussed further in these proceedings. 3. The applicant enlisted in the Regular Army on 31 January 1969 for a period of 3 years. He completed basic combat training and advanced individual training (AIT) in military occupational specialty (MOS) 67 (Aircraft Maintenance Specialist). He departed the continental United States en route to Germany on 9 August 1969. 4. His DA Form 20 (Enlisted Qualification Record) shows: * he served in duty MOS 67A (helicopter mechanic) while assigned to Company B, 126th Maintenance Battalion, in Germany from 20 August 1969 to 9 May 1971 * he was promoted to specialist five effective 2 April 1971 * he served in duty MOS 67A (helicopter mechanic) while assigned to Company B, 123rd Maintenance Battalion, in Germany from 10 May 1971 to 12 January 1972 * no Aircraft Crew Member Badge in item 41 (Awards and Decorations) * he received excellent conduct and efficiency ratings throughout his service 5. He departed Germany en route to the United States on or about 12 January 1972. 6. On 12 January 1972, he was honorably released from active duty in the rank of specialist five after completing 2 years, 11 months, and 12 days of creditable active service with no time lost. 7. His DD Form 214 shows he was awarded or authorized the National Defense Service Medal and Expert Marksmanship Qualification Badge with Rifle Bar (M-16). 8. There are no orders for the Aircraft Crew Member Badge in the available records. 9. There is no evidence indicating he was awarded the first award of the Army Good Conduct Medal. There also is no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal. 10. He served in the Arizona Army National Guard from 9 February 1981 through 11 November 1985. REFERENCES: 1. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years, but more than 1 year. The enlisted person must have had all "excellent" conduct and efficiency ratings. Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying. There must have been no convictions by a court-martial. 2. Army Regulation 672-5-1 also 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. b. To be eligible for permanent award of the Aircraft Crew Member Badge an individual who performed in one of the duties specified above for not less than 12 months (not necessarily consecutive), or is school trained for a principal duty contained above, will be authorized to wear the Aircraft Crew Member Badge permanently. 3. Army Regulation 600-8-22 (Military Awards), dated 1995, provided that the Aircraft Crew Member Badge could be permanently awarded for successful completion of formal AIT in career management field 67 MOSs. DISCUSSION: 1. The evidence of record shows the applicant completed AIT in MOS 67A. He served in duty MOS 67A (helicopter mechanic) from August 1969 to January 1972. It appears he met the criteria for award of the Aircraft Crew Member Badge. His DD Form 214 does not show this badge. 2. He completed almost 3 years of active service ending with his release from active duty on 12 January 1972. He received all "excellent" conduct and efficiency ratings and his records contain no adverse information or a commander's disqualification statement for the first award of the Army Good Conduct Medal. He appears to have met the eligibility criteria for the first award of the Army Good Conduct Medal. This award is not shown on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160013100 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160013100 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2