IN THE CASE OF:	  

		BOARD DATE:  19 June 2012

		DOCKET NUMBER:  AR20110025227 


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 Basic Aviation Badge).

2.  The applicant states:

* he served with multiple units in Vietnam between 14 November 1968 and 13 November 1969 and between 10 March and 4 May 1971
* he served as a forward observer, company executive officer, and forward direction observer in many artillery units during which he made many combat air assaults
* he participated in various classified and unclassified battles, encounters, skirmishes, and firefights during which many enemy personnel were killed
* in Vietnam, all battery commanders were placed on orders as aerial observers to be able to conduct reconnaissance, surveillance, occupation, and position for their batteries
* he was assigned as a battery commander on 12 August 1969 until nearly the end of September 1969 when he was reassigned to the headquarters battery as a fire support officer
* he participated in regular and frequent air missions in the discharge of his primary duties until he left Vietnam in November 1969, flying his last mission to position the aiming stakes and register a mortar platoon placed on a mountain top
* he functioned as an aerial observer when he directed and spotted the 
8-inch guns of the U.S.S. Boston, as evidenced by a journal entry
* 
even though he was an artillery officer, he performed the necessary duties
* the Army recognized the actions of non-infantry Soldiers by creating a Combat Action Badge, yet Vietnam veterans are still ignored in this category even though they pioneered the use of helicopters in modern warfare
* he and his aerial observers did not train for this duty or fly the required 12 months; they were at war and completed on-the-job training while being shot at
* Headquarters, U.S. Army Vietnam, made exceptions to the stateside training and the 12-month provision for non-crewmembers and non-aviators assigned as aerial observers
* some aerial observers were awarded the badge permanently
* he views non-receipt of this badge as a clerical error because the clerks were too busy with replacement operations and were located away from battalion headquarters

3.  The applicant provides:

* Special Orders Number 14, dated 14 January 1967
* Unit Order Number 64, dated 26 September 1969
* signature page of Special Orders Number 196, dated 24 October 1969
* article about the U.S.S. Boston Shipmates 2000 Reunion

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.  Having prior enlisted service, the applicant's records show he was appointed as a Reserve commissioned officer and executed an oath of office on 12 September 1967 with concurrent call to active duty.

3.  He completed the Field Artillery Unit Commanders' Course on 12 September 1967.
4.  He served in Vietnam from 14 November 1968 to 13 November 1969.  According to his officer efficiency reports, he was assigned to the 5th Battalion, 27th Artillery, as follows:

* Battery B Forward Observer, 26 July 1968 to 17 January 1969
* Battery B Assistant Executive Officer, 18 January to 11 September 1969
* Headquarters Battery Assistant Fire Support Coordinator, 12 September to 10 November 1969

5.  He was reassigned to various continental United States locations upon completion of his Vietnam service, including Fort Sill, OK, and Fort Bliss, TX, where he attended the 6-week Military Assistance Training Advisor Course at the U.S. Army Institute for Military Assistance.

6.  He again served in Vietnam from 10 March 1971 to 4 May 1971 in a temporary duty status with Military Assistance Command-Vietnam.

7.  He ultimately retired in the rank/grade of captain on 21 February 1973 by reason of physical disability.  His DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge/Certificate of Release or Discharge from Active Duty) and DD Form 215 (Correction to DD Form 214) show he was awarded or authorized:

* National Defense Service Medal
* Vietnam Service Medal with one silver service star
* Republic of Vietnam Campaign Medal
* two overseas service bars
* Bronze Star Medal (3rd Award) and "V" Device
* Air Medal
* Purple Heart (2nd Award)
* Army Commendation Medal (2nd Award)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Republic of Vietnam Gallantry Cross with Bronze Star
* Silver Star
* Combat Infantryman Badge
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

8.  He submits:

	a.  Headquarters, 5th Howitzer Battalion, 27th Artillery, Special Orders Number 14, dated 14 January 1967, awarding the Aircraft Crewman Badge to two captains and a staff sergeant assigned to the 5th Howitzer Battalion, 27th Artillery;

	b.  Battery B, 5th Battalion, 27th Artillery, Unit Order Number 64, dated 26 September 1969, appointing a specialist five assigned to Battery B, 5th Battalion, 27th Artillery, to a safety council and promoting six Soldiers assigned to the same battery to private first class;

	c.  Headquarters, I Field Force Vietnam Artillery, Special Orders Number 196, dated 24 October 1969, appointing the applicant as an aerial observer effective 27 September 1969 to 27 December 1969; and

	d.  an Internet article about the U.S.S. Boston Shipmates 2000 Reunion, dated 1 November 2011, wherein the applicant is shown as the guest speaker.  He is identified as a forward observer in multiple artillery units.  He is also recognized as the person who spotted and directed the U.S.S. Boston's last salvo.

9.  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 member 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 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 from 14 November 1968 to 13 November 1969.  According to his officer efficiency reports, he was assigned to the 5th Battalion, 27th Artillery, as a battery forward observer from 26 July 1968 to 17 January 1969, a battery assistant executive officer from 18 January to 11 September 1969, and a battery assistant fire support coordinator from 12 September to 10 November 1969.

2.  His records do not contain official orders assigning him to flight status as a non-aviator crewmember chief.  His record is also void of any evidence that shows he was qualified based on a class III physical examination.

3.  Although he performed heroically on multiple occasions, some requiring performance of combat assault missions, as evidenced by his multiple valor and service awards in Vietnam, he did so as a field artillery officer.  Additionally, although other field artillery officers of the same unit were awarded this badge, in the absence of additional details regarding their qualifications, service, recommendation for the award, and other circumstances, it is impossible to compare him to those officers.

4.  Notwithstanding his sincerity, sacrifice, and service to the Nation, the applicant does not meet the criteria for award of the Aircraft Crew Member 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 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)                                         AR20110025227



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ABCMR Record of Proceedings (cont)                                         AR20110025227



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