IN THE CASE OF:
BOARD DATE: 13 April 2010
DOCKET NUMBER: AR20090018375
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 the award of the Aircraft Crewman Badge [previously known as the Aircraft Crewmember Badge and currently known as the Aviation Badge].
2. The applicant states he served as a crewman and was awarded the Air Medal for his flight time.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants records show he enlisted in the Army on 24 February 1969. He trained in and was awarded military occupational specialty (MOS), 11E (Armor Crewman). Upon completion of 2 years, 7 months, and 6 days of active service the applicant was released from active duty on 3 October 1971.
3. The applicant was assigned to the Republic of Vietnam (RVN) from 9 May 1970 through 30 September 1971. He served with the 201st Aviation Company (Corps) as a Door Gunner (from 14 May 1970 through 2 February 1971) and as a and UH-1 Helicopter Repairman.
4. The record shows the applicant was awarded the Air Medal on 13 January 1971 for the period of 6 July 1970 through 2 September 1970.
5. There is no evidence the applicant completed formal training in career management field 67 military occupational specialties.
6. Army Regulation 672-5-1 (Military Awards), in effect at the time, states for permanent award of the Aircraft Crew Member Badge, an individual must have performed 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 for not less than 12 months (not necessarily consecutive) or must have been school trained for a principal duty specified above.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request that his DD Form 214 be corrected to show the award of the Aircraft Crewman Badge is not supported by the evidence.
2. The record shows the applicant performed duties as a Door Gunner and a 67N (UH-1 Helicopter Repairman) while assigned to the 201st Aviation Company (Corps) in the RVN. However, there is no evidence the applicant completed Advanced Individual Training (AIT) in career management field 67 military occupational specialties or served in a qualifying duty position for at least
12 months (not necessarily consecutive). As a result, there is insufficient evidence to grant relief.
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) AR20090018375
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