IN THE CASE OF:	  

		BOARD DATE:	       18 JUNE 2009

		DOCKET NUMBER:  AR20090003532 


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 reconsideration of his previous request to be awarded the Aircraft Crewmember Badge.

2.  The applicant states, in effect, that he is providing documents to support the award of the Aircraft Crewmember Badge. 

3.  The applicant provides a copy of his citation for award of the Air Medal for participation in more than 25 aerial missions over hostile territory, a copy of 1st Aviation Brigade Form 57 (Medical Clearance for Flying) dated 28 September 1970 and copies of his individual flight records.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080006208 on 22 July 2008.

2.  The applicant previously applied to this Board to be awarded the Aircraft Crewmember Badge and his request was denied because there was no evidence in the available records to show he had participated in at least 15 combat missions.  The applicant now provides new evidence in support of his previous request that requires reconsideration.  


3.  The applicant volunteered for induction in Knoxville, Tennessee, on 14 May 1969.  He completed his training as power generator specialist and was transferred to Fort Bliss, Texas, where he remained until he was transferred to Vietnam on 1 June 1970.  

4.  The applicant was assigned as a door gunner with the 116th Aviation Company (Assault Helicopter).  He completed his class III flight physical on 22 June 1970.

5.  The flight records provided by the applicant, while incomplete, show that he participated in a minimum of 131 combat missions and that he was again cleared for flying on 28 September 1970.  He certified that he was on flight status at the time.

6.  The applicant was honorably released from active duty as an overseas returnee, in pay grade E-4, on 13 April 1971, and he was transferred to the United States Army Reserve Control Group (Annual Training).  He was awarded the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960), the Air Medal, the Army Commendation Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).  He had served 10 months in Vietnam as a door gunner in a UH1H Helicopter.

7.  Army Regulation 672-5-1, in effect at the time, provided for temporary and permanent award of the Aircraft Crew Member 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 Crew Member Badge.  To be eligible for temporary award of the Aircraft Crew Member 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 (emphasis added), or technical inspector.  These personnel are authorized to wear the badge temporarily until relieved from these duties or they may be authorized permanent wear of the Aircraft Crew Member Badge once they have fulfilled the regulatory requirements for permanent award of the badge. 


8.  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 are 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 are not personally responsible are entitled to permanent wear of the Aircraft Crew Member Badge.  Further, an individual who has 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 (emphasis added), or technical inspector is entitled to permanent award of the Aircraft Crew Member Badge.

9.  Effective April 2000, the name of the Aircraft Crew Member Badge changed to the Aviation Badge. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he was eligible for award of the Aircraft Crewmember Badge has been noted and appears to have merit.

2.  The applicant has provided sufficient evidence in the form of flight records to show that he participated as a crewmember (door gunner) in at least 15 combat missions which in itself is sufficient to warrant the permanent award of the Aircraft Crewmember Badge to the applicant. 

3.  Accordingly, it would be in the interest of justice to award him the Aircraft Crewmember Badge (now known as the Aviation Badge) at this time.

BOARD VOTE:

___X_____  ____X____  ___X_____  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION





BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMR’s decision in Docket Number AR20080006208, dated 22 July 2008.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Aviation Badge and adding this badge to his DD Form 214.




      _______ _   __XXX_____   ___
               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)                                         AR20090003532



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ABCMR Record of Proceedings (cont)                                         AR20090003532



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