IN THE CASE OF:	  

		BOARD DATE:	  3 January 2012

		DOCKET NUMBER:  AR20110013401 


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 award of the Aircraft Crew Member Badge [now known as the Aviation Badge and will be referred to as the Aviation Badge hereafter].  

2.  The applicant states, in effect, he was a helicopter crew chief with Headquarters and Headquarters Company (HHC), 17th Combat Aviation Group, in Vietnam from 28 September 1967 through 17 March 1968.  Personnel failed to award him the badge upon his departure from Vietnam.  He served in military occupational specialty (MOS) 67N (Single Engine Rotary Helicopter Mechanic).

3.  The applicant provides:

* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* Page 3 of his 4-page DA Form 20 (Enlisted Qualification Record) 
* News Release - Army Aviation in Vietnam

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 records show he enlisted in the Regular Army on 26 June 1962 and he initially held MOS 112.17 (Heavy Weapons Infantry).  He was honorably discharged on 26 March 1965 for the purpose of immediate reenlistment.  

3.  He executed a 3-year reenlistment on 27 March 1965.  He subsequently attended the 19-week Single Engine, Single Rotary, Helicopter Mechanic Course and he was awarded MOS 67Q (Helicopter Mechanic).

4.  He served in Vietnam from 11 April 1967 to on or about 18 March 1968.  Item 38 (Record of Assignment) of his DA Form 20 shows he was assigned to HHC, 17th Combat Aviation Group, as a helicopter crew chief in MOS 67N on 28 September 1967.

5.  On 19 May 1967, Headquarters, 520th Transportation Battalion, published Special Orders Number 41 reassigning him from the 539th Transportation Company to the 1st Brigade, 101st Airborne Division, in MOS 67Q effective 20 May 1967.

6.  On 11 June 1967, Headquarters, 1st Brigade, 101st Airborne Division, published Special Orders Number 162 authorizing him hazardous duty pay while assigned in MOS 67Q to the Forward Support Detachment, Company A, 801st Maintenance Support Battalion.

7.  On 23 January 1968, Headquarters, 1st Aviation Brigade, published General Orders Number 312 awarding him the Air Medal for meritorious achievement from 3 October 1967 to 31 December 1967 while assigned to HHC, 17th Combat Aviation Group.

8.  He was honorably released from active duty on 19 March 1968 in the rank/grade of specialist five (SP5)/E-5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Parachutist Badge
* Army Good Conduct Medal
* Air Medal
* Vietnam Campaign Medal
* Vietnam Service Medal
* Expert Marksmanship Qualification Badge with Rifle (M-14 and M-16) Bars
* Two Overseas Service Bars

9.  The applicant's records do not contain official orders awarding him the Aviation Badge.

10.  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.  To be eligible 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 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 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 available evidence shows the applicant served in Vietnam from 11 April 1967 to on or about 18 March 1968.  His records show he was initially assigned to the 539th Transportation Company and that he was reassigned to Headquarters, 1st Brigade, 101st Airborne Division on 20 May 1967.

2.  The exact date of assignment to HHC, 17th Combat Aviation Group as a helicopter crew chief is unknown.  The award of the Air Medal recognized his meritorious achievement from 3 October to 31 December 1967.  

3.  A permanent award of the Aviation Badge would have required the applicant to hold the principal duty assignment of crew chief, be on flying status as a crew chief for 12 months, and he would have been required to have been qualified based on a Class III physical examination.  

4.  Regretfully, the applicant did not meet the criteria for award of the Aviation Badge as he was neither school trained as a crew chief nor performed the duties of crew chief for 12 months.  Therefore, he is not entitled to 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)                                         AR20110013401



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ABCMR Record of Proceedings (cont)                                         AR20110013401



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