IN THE CASE OF:	  

		BOARD DATE:	  15 January 2009

		DOCKET NUMBER:  AR20080010041 


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, that he be awarded the Basic Aviation Badge [formerly the Aircraft Crew Member Badge] and that it be added to his DD Form 214 (Armed Forces of the United States, Report of Transfer or Discharge).

2.  The applicant states, in effect, that he was a crew chief in Vietnam for seven months and he would like to have his wings.

3.  The applicant provided no additional documentation in support of his request.

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 record shows he enlisted in the Regular Army on 1 June 1964.  He completed basic combat training at Fort Jackson, South Carolina, and his advanced individual training at Fort Rucker, Alabama.  After completing all required training, he was awarded the military occupational specialty (MOS) 67A (Aircraft Maintenance Crewman).

3.  The applicant served in Vietnam from 9 November 1964 through 8 January 1966, with the 121st Aviation Company, 13th Aviation Battalion, a subordinate unit of the US Army Vietnam.  At the completion of his tour of duty in Vietnam, the applicant was assigned to Fort Lewis, Washington for duty as a Helicopter Crew Chief and to complete his military service obligation.

4.  The applicant was honorably released from active duty, on 31 May 1967, under the provisions of Army Regulation 635-200, at the expiration of his term of service.  He was released from active duty in the rank of specialist five, pay grade E-5.  On the date he was released from active duty, he had completed 3 years of active military service with no time lost.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded:  the National Defense Service Medal, the Armed Forces Expeditionary Medal, the Vietnam Service Medal, and the Air Medal with 13 oak leaf clusters.  The Basic Aviation Badge is not shown on the applicant's DD Form 214.

6.  On 8 December 1965, Special Orders 141, paragraph 2, were published by the US Army Vietnam which designated the applicant for duty as a "Crew Member."

7.  There is no entry in Item 41 (Awards and Decorations) of the DA Form 20 (Enlisted Qualification Record) showing the applicant was awarded the Basic Aviation Badge on either a temporary or a permanent basis.

8.  There are no orders in the applicant's military personnel records published by his Vietnam unit to show he was awarded the Basic Aviation Badge.

9.  There are no orders in the applicant's military personnel records published by his Fort Lewis unit to show he was awarded the Basic Aviation Badge.

10.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the Basic Aviation Badge for the applicant.

11.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows he performed the duties of Transportation Supply Specialist (MOS 766.10) while he served in Vietnam.  This same item shows he was assigned duties of a Helicopter Crew Chief at Fort Lewis on his return from Vietnam.

12.  Item 48 (Date of Audit) of the applicant's DA Form 20 shows he audited his DA Form 20 on 13 July 1966.

13.  On 31 May 1967, the applicant signed his DD Form 214, in his own hand, attesting to the accuracy of the information recorded on this form.

14.  Army Regulation 672-5-1 (Awards), the Army Regulation governing military awards at the time in question, provided for temporary and permanent award of the Aircraft Crewman Badge.  The regulation authorized the commander of any unit with Army aircraft assigned to publish orders allowing qualified members of that command to wear the Aircraft Crewman Badge.  To be eligible for temporary award of the Aircraft Crewman Badge an individual had to be on flying status 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.  The regulation also required individuals 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 these duties or they could be authorized permanent wear of the Aircraft Crewman Badge once they had fulfilled the regulatory requirements for permanent award of the badge.  For permanent award of the Aircraft Crewman 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 Crewman Badge.  Further, an individual who had 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 Crewman Badge.


DISCUSSION AND CONCLUSIONS:

1.  In order to justify correction of a military record, the applicant must show, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

2.  The applicant was designated for duty as a "Crew Member" in orders published by his unit in Vietnam; however, there are no orders in the applicant's military personnel records awarding him the Basic Aviation Badge on either a temporary or on a permanent basis.

3.  There is no entry in Item 41 of the applicant's DA Form 20 showing he was awarded the Basic Aviation Badge while he was in Vietnam or at Fort Lewis.

4.  Review of the ADCARS index of general orders issued during the Vietnam era failed to reveal any orders for the Basic Aviation Badge for the applicant.

5.  The evidence shows the applicant audited his DA Form 20 on 13 July 1966 and there is no indication that questions arose about his entitlement to award of the Basic Aviation Badge.

6.  The applicant signed his DD Form 214, in his own hand, on the date he was released from active duty attesting to the accuracy of the information recorded on the DD Form 214.

7.  Based on the evidence of record, the applicant is not entitled to award of the Basic Aviation Badge and to have it added to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  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.




      _______ _   _______   ___
               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)                                         AR20080010041



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ABCMR Record of Proceedings (cont)                                         AR20080010041



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