IN THE CASE OF:	  

		BOARD DATE:	  20 January 2011

		DOCKET NUMBER:  AR20100018142 


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, award of the Aircraft Crewman Badge, now known as the Aviation Badge, and the Army Commendation Medal (ARCOM).  He also requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show these awards.

2.  He states other members of his unit were awarded the Aircraft Crewman Badge and the ARCOM; however, his name was omitted from the award orders.  He believes the omission of the ARCOM occurred because he took 30 days of leave during the time it was awarded. 

3.  He provides copies of the following documentation in support of his request:

* Special Orders (SO) Number (#) 55, Headquarters (HQ), 224th Aviation Battalion (Radio Research (RR)), dated 25 February 1969
* Unit Orders (UO) #17, HQ, 146th Aviation Company (RR), dated 
   18 March 1969
* UO #9, HQ, 146th Aviation Company (RR), dated 5 February 1970
* UO #15, HQ, 146th Aviation Company (RR), dated 16 February 1970
* General Orders (GO) #134, HQ, U.S. Army Vietnam (USARV), dated 
   15 January 1970
* SO #226 Extract, HQ, 509th RR Group, dated 15 August 1970
* A DD Form 214 for the period ending 23 April 1971



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.  His records show he enlisted in the Regular Army for a period of 4 years on 
6 September 1968.  After completion of basic combat and advanced individual training, he was initially awarded military occupational specialty 67A (Aircraft Maintenance Apprentice).  

3.  A copy of his DA Form 20 (Enlisted Qualification Record) shows in item 
31 (Foreign Service) that he served in Vietnam from 16 February 1969 to 
17 September 1970.  Item 38 (Record of Assignments) shows he was assigned to the 146th Aviation Company during his entire tenure, and he served in the following principal duties:

* Aircraft Maintenance Apprentice - 67A1O
* U8/U-21 Beech Queen Air, Airplane Mechanic – 67G2O
* Supply Clerk – 76A1O
* Senior Airplane Mechanic – 67G2O

4.  Item 41 (Awards and Decorations) of his DA Form 20 shows he was awarded the following:

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* Marksman Marksmanship Qualification Badge with Rifle Bar 
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar

5.  He provided a copy of SO #55 which shows he was reassigned from the 509th Transportation Detachment to the 146th Aviation Company (RR) effective 
1 March 1969.  A copy of UO #17 shows he was appointed to the temporary grade of specialist four/E-4 effective 18 March 1969.  He placed a checkmark next to the names of several Soldiers to indicate they were assigned to his unit at the time. 

6.  A copy of GO #134, dated 15 January 1970, which he provided shows the ARCOM was awarded to a large number of Soldiers for meritorious service in Vietnam during the period February 1969 to February 1970.  He placed a checkmark next to the names of five Soldiers to indicate they were assigned to his unit at the time.  His name is not included on these orders. 

7.  He also provided copies of UO #9 and UO #15 that indicate he was appointed additional duties of Unit Fund Council and Fire Warden in February 1970 for an indefinite period.  

8.  Item 33 (Appointments and Reductions) of his DA Form 20 shows he was appointed to the temporary grade of sergeant (SGT)/E-5 on 30 March 1970, under the authority of SO #74, HQ, 224th Aviation Battalion (RR).

9.  A copy of SO #226 Extract, which he provided, shows Soldiers assigned to the 146th Aviation Company were permanently awarded the Aircraft Crewman Badge effective 27 July 1970.  Although he indicated he served with all of them, his name is not included on this order.  

10.  On 23 April 1971, he was honorably discharged for hardship reasons.  He served a total of 2 years, 6 months, and 18 days of active service and 1 year, 
7 months, and 2 days of foreign service in Vietnam.  Item 26 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the NDSM and VSM.  

11.  His records do not contain any orders to show he was awarded the ARCOM and/or the Aircraft Crewman Badge.

12.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the ARCOM and/or the Aircraft Crewman Badge.

13.  Army Regulation 600-8-22 (Military Awards) states the ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
14.  Army Regulation 672-5-1 (Military Awards), in effect at the time, 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 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.  

15.  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 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 Crewman Badge.

16.  Title 10, U.S. Code, section 1130, provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration.  Based upon such review, the Secretary shall determine the merits of approving the award.

17.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to Commander, U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  The unit must be clearly identified along with the period of assignment and the recommended award.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request.  The burden and costs for researching and assembling supporting documentation rest with the applicant.



DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for award of the ARCOM and Aircraft Crewman Badge and to have these awards added to his DD Form 214 was carefully considered.   

2.  While the available evidence is insufficient for awarding him the ARCOM at this late date, this in no way affects his right to pursue his claim for this award by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

3.  Army Regulation 672-5-1 authorized the temporary award of the Aircraft Crewman Badge to Soldiers on flying status and the permanent award of the badge if an individual performed in the duties specified in this regulation.  The principal duties which are shown on his DA Form 20 do not meet the criteria outlined and he has not provided sufficient evidence to show he was school trained and served in any of the principal duties specified.  In the absence of evidence, there is no basis to award the Aircraft Crewman 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)                                         AR20100018142



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ABCMR Record of Proceedings (cont)                                         AR20100018142



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