IN THE CASE OF:
BOARD DATE: 17 October 2013
DOCKET NUMBER: AR20130002410
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 (Certificate of Release or Discharge from Active Duty) to show award of the "Non-crewmember Aviation Badge," presumed to mean the Aircraft Crew Member Badge, which is now known as the Basic Aviation Badge.
2. The applicant states he flew many hours during his tour of duty as an S-3 Air Sergeant for the brigade.
3. The applicant provides:
* Special Orders Number 71
* Bronze Star Medal Citation
* 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. On 19 August 1959, he enlisted in the Regular Army. He was awarded military occupational specialty 640 (Light Vehicle Driver).
3. His records show he served continuously until 29 July 1967 when he was released from active duty due to expiration of term of service.
4. On 6 February 1968, he again enlisted in the Regular Army and served continuously through reenlistments.
5. His DA Form 20 (Enlisted Qualification Record) shows in:
* item 31 (Foreign Service) that he was credited with service in Vietnam during the period 15 December 1966 through 28 July 1967
* item 41 (Awards and Decorations) no entry for the Aircraft Crew Member Badge
6. On 12 March 1967, Headquarters, 4th Infantry Division, issued Special Orders Number 71 showing he was assigned in a non-aviator crew member status during the period 1 March to 15 December 1967.
7. His records are void of any orders indicating he was ever recommended for or awarded the Aircraft Crew Member Badge while serving in Vietnam.
8. On 29 February 1980, he retired. The DD Form 214 he was issued at that time does not list the Aircraft Crew Member Badge.
9. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided the U.S. Army Vietnam awards policy during the Vietnam Era. Appendix X provided guidance on award for the Aircraft Crew Member Badge. It stated that to be eligible for this badge, a member must have been on flying status as a crew member or as a non-crew member and must have been qualified and held a principle duty assignment as a crew chief, flight engineer, aircraft maintenance supervisor, observer, gunner, or technical inspector and must have performed those duties for not less than 12 months.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he should have been awarded the Aircraft Crew Member Badge based on his service in Vietnam was carefully considered. Orders show he was placed in a non-aviator crewmember duty status effective 1 March 1967. His records show he departed Vietnam on 28 July 1967. His records fail to show he served in one of the principle duties listed above that authorized award of the Aircraft Crew Member Badge for not less than 12 months.
2. In view of the foregoing, there is an insufficient evidentiary basis to support granting the requested relief.
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) AR20130002410
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ABCMR Record of Proceedings (cont) AR20130002410
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