IN THE CASE OF:	  

		BOARD DATE:	  7 June 2011

		DOCKET NUMBER:  AR20100028769 


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 he was released from active duty in the rank/grade of specialist four (SP4)/E-4.  He also requests award of the Aircraft Crew Member Badge (now known as the Aviation Badge).

2.  He states his rank and pay grade are incorrectly shown on his DD Form 214.  He was not given his aircrew wings and the record and DD Form 214 do not show he was awarded the Aircraft Crew Member Badge.  He did not know that he had any recourse to correct his DD Form 214 until now.

3.  He provides a copy of his DD Form 214. 

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 military record shows he inducted into the Army of the United States, in pay grade E-1, on 17 April 1968.  He completed training and was awarded military occupational specialty 71P (Flight Operations Coordinator).  He served in Vietnam from 19 March 1969 through on or about 13 March 1970.  He was promoted to pay grade E-4 on 7 August 1969.

3.  He was honorably released from active duty on 13 March 1970, as an overseas returnee, and was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve obligation.

4.  He was issued a DD Form 214 showing his grade as PFC (private first class) and rank as E-3 in Items 5a (Grade, Rate, or Rank) and 5b (Pay Grade).  On 24 August 1972, a DD Form 215 (Correction to DD Form 214) was issued correcting Items 5a, 5b, and 6 (Date of Rank) of his DD Form 214 to show the following:  SP4, E-4, and 7 August 1969.  As a result, the request for correction to his DD Form 214 to show he was released from active duty in the rank/grade of SP4/E-4 will not be discussed further in this Record of Proceedings.  A copy of his DD Form 215 will be provided to him.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the following awards:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal
* Two overseas service bars
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

6.  There are no orders in his military records showing he was permanently awarded the Aircraft Crewman Badge.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show award of the Aircraft Crewman Badge.

7.  U.S. Army Vietnam Regulation 672-5-1 (Military Awards) governed the military awards program in Vietnam during the Vietnam War.  That regulation 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.  

8.  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 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.  

9.  The regulation further specified that 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.  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, or technical inspector is entitled to permanent award of the Aircraft Crew Member Badge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he was not awarded the Aircraft Crew Member Badge.  The evidence of record does not show orders awarding him the Aircraft Crew Member Badge.  He also has not submitted sufficient evidence nor a convincing argument that he met the criteria for award of the Aircraft Crew Member Badge during the period of his active duty service.  Therefore, there is insufficient evidence on which to base an award of the Aircraft Crew Member Badge in this case and its addition to his DD Form 214.  

2.  In view of the foregoing, there is no basis for granting his request.








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)                                         AR20100028769





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ABCMR Record of Proceedings (cont)                                         AR20100028769



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