BOARD DATE:	   29 November 2011

		DOCKET NUMBER:  AR20110010423 


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 Crew Member Badge [now known as the Basic Aviation Badge) and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this award.  He also wants recognition for working as a French interpreter in Vietnam.

2.  The applicant states he never received his wings for being a crew chief.  He earned and deserves this badge.  He adds that when he was awarded his military occupational specialty (MOS) they wanted him at the 73rd Aviation, which he accepted.  He was asked to be an interpreter since he was born in Belgium and he spoke, read, and wrote French.  He accepted but never received recognition for that.

3.  The applicant provides his DD Form 214 and a photograph of himself standing next to a helicopter.

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 15 June 1965.  He completed training and he was awarded MOS 67A (Aircraft Maintenance Crewman).

3.  Item 30 (Languages) of his DA Form 20 (Enlisted Qualification Record) shows he took a foreign language test in the French language on 18 June 1965.

4.  Item 38 (Record of Assignments) of his DA Form 20 shows he served in Vietnam as an aircraft repairer/mechanic from 13 December 1965 to 7 December 1966 while assigned to the 73rd Aviation Company.

5.  Upon completion of his Vietnam tour he was reassigned to Headquarters, Sixth U.S. Army Flight Detachment, Presidio of San Francisco, CA, where he served as a command airplane mechanic.

6.  Special Orders Number 58, issued by Headquarters, Sixth U.S. Army Special Troops, Presidio of San Francisco, dated 19 April 1967, awarded him MOS 67H2L (OV-1 Repairman) with a skill qualification identifier "L" signifying he was qualified as a linguist.

7.  He was honorably released from active duty on 14 June 1967 in the rank/grade of specialist four (SP4)/E-4 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.  He completed 2 years of creditable active service.

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

* Army Good Conduct Medal
* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

9.  His records do not contain official orders assigning him to flight status as a non-aviator crewmember chief or awarding him the Basic Aviation Badge.

10.  He provides a photograph of an individual standing next to an aircraft.  The entry "crew chief" and his name are listed on the frame of the helicopter.

11.  Army Regulation 672-5-1 (Awards), 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.

	a.  For temporary award of this 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, 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.

	b.  For permanent award of this 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, or technical inspector is entitled to permanent award of the Aircraft Crew Member Badge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Vietnam as an aircraft repairer/mechanic from
13 December 1965 to 7 December 1966.  He was assigned to the 73rd Aviation Company.  His records do not contain official orders assigning him to flight status as a non-aviator crewmember chief or awarding him the Basic Aviation Badge.  His record is also void of any evidence that shows he was qualified based on a Class III physical examination or that he held a principal duty assignment as a crew chief.  Therefore, there is an insufficient evidentiary basis for granting this portion of his request.
2.  Although he provides a photograph of an individual standing next to an aircraft that contains the entry “crew chief” and his name on the frame, this does not prove he met the requirements for award of the Basic Aviation Badge.

3.  The applicant took a foreign language test in French on 18 June 1965 which is properly documented on his DA Form 20.  Additionally, his foreign language skill was recognized with awarding him MOS 67H2L with the "L" skill qualification identifier signifying - and thus acknowledging - him as a linguist, which is properly shown on his DD Form 214.  Therefore, no correction is warranted on this portion of 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)                                         AR20110010423



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ABCMR Record of Proceedings (cont)                                         AR20110010423



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