IN THE CASE OF:	  

		BOARD DATE:	  10 November 2010

		DOCKET NUMBER:  AR20100012938 


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) to show two awards of the Air Medal and the Basic Aviation Badge (formerly known as the Aircraft Crew Member Badge).

2.  The applicant states his two Air Medals are not entered on his DD Form 214.  He states he received Aviation wings, but without any documentation.

3.  The applicant provides two Air Medal certificates.

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 2 March 1967.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 11D (armor intelligence specialist).

3.  The applicant served in Vietnam from 10 December 1967 to 2 January 1969 with 2nd Battalion, 17th Cavalry, 101st Air Cavalry Division, performing duties as a scout observer in his awarded MOS.

4.  The applicant’s Air Medal certificates show he was awarded the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam from 21 October 1968 to 21 November 1968 and the Air Medal (First Oak Leaf Cluster) for meritorious achievement while participating in aerial flight in the Republic of Vietnam from 21 November 1968 to 27 December 1968.

5.  The applicant’s service record does not contain any orders for award of the Air Medal.  His DA Form 20 (Enlisted Qualification Record) does not list the Air Medal in item 41 (Awards and Decorations).

7.  The applicant was honorably released from active duty on 6 January 1969 by reason of overseas returnee.  His DD Form 214 does not show any awards of the Air Medal or the Aviation Badge.

8.  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 Air Medal pertaining to the applicant.

9.  Army Regulation 600-8-22 (Military Awards) states the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status but may also be awarded to those personnel whose combat duties require them to fly; for example, personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The numeral 2 denotes the second award of the Air Medal.


10.  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.  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.  

11.  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.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant provided award certificates for the Air Medal, absent orders authorizing him two awards of the Air Medal these documents alone are not sufficient to support correction of his DD Form 214 to show these awards.

2.  Notwithstanding the eyewitness statement provided by the applicant, the evidence of record shows he completed training in MOS 11D and served in Vietnam as a scout observer.  His record is void of any evidence and he has not provided adequate evidence showing he fulfilled the prerequisites for award of the Aviation Badge.  Therefore, he is not entitled to correction of his record to show this badge.



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)                                         AR20100012938



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ABCMR Record of Proceedings (cont)                                         AR20100012938



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