BOARD DATE:	  17 May 2012

		DOCKET NUMBER:  AR20110023284 


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 that he be awarded the Combat Infantryman Badge (CIB) and the Aircraft Crew Member Badge.

2.  The applicant states that he earned the CIB and the Aircraft Crew Member Badge because he flew in a CH-47 over 5 months as a gunner.

3.  The applicant provides no additional documents with his application.

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 enlisted in the Regular Army on 29 August 1969 for a period of 3 years and training in military occupational specialty (MOS) 67U (CH-47 Helicopter Repairman).  He was transferred to Vietnam on 15 May 1970 and assigned to the 51st Transportation Detachment, 1st Cavalry Division with duty as a CH-47 helicopter repairman.

3.  On 17 April 1971, he departed Vietnam for assignment to Fort McClellan, Alabama where he served as a heavy vehicle driver until he was discharged on 
3 February 1972 under the provisions of chapter 4, Army Regulation 635-200, and Department of the Army message 242110 (September 1971).

4.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he completed 2 years, 2 months, and 24 days of active service and he was awarded the National Defense Service Medal, Vietnam Service Medal, and Republic of Vietnam Campaign Medal.

5.  A review of the applicant’s official records failed to show any orders awarding him the CIB or the Aircraft Crew Member Badge.  There are also no orders present authorizing him to participate in aerial flight.  

6.  Army Regulation 600-8-22 (Military Awards) states the CIB is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  Additionally, Appendix V of U.S. Army Vietnam Regulation 672-1 states that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

7.  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 requirements for permanent award.  
8.  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.  While the sincerity of the applicant’s claim that he served as a gunner on a CH-47 5 months is not in doubt, there simply is no evidence in the available records and the applicant has provided no evidence to support his contentions.

2.  The applicant’s contention that he earned the CIB has been considered and appears to lack merit.  The applicant was not an infantryman assigned to an infantry unit and therefore he was not eligible for award of the CIB.  In fact, infantrymen assigned to aviation units as door gunners were not authorized the CIB by virtue of the fact that they were not in an infantry unit when they engaged the enemy.  Accordingly, the applicant is not entitled to award of the CIB.

3.  In regard to award of the Aircraft Crew Member Badge, there is insufficient evidence to establish that the applicant met the criteria for permanent award of this badge based on the criteria in effect at the time.

4.  Accordingly, there appears to be no basis to grant his request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__X___  ____X____  ____X____  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1. 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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War.  The applicant and all Americans should be justifiably proud of his service in arms.




      _______ _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)                                         AR20110023284



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ABCMR Record of Proceedings (cont)                                         AR20110023284



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