IN THE CASE OF: 

		BOARD DATE:	    24 April 2014

		DOCKET NUMBER:  AR20130014893 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show the: 

* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Basic Aviation Badge

2.  The applicant states he served as a door gunner in Vietnam.  He was assigned to Company A, 123rd Aviation Battalion.  However, while at Fort Meade, MD, he served as a Military Police (MP).  

3.  The applicant provides:

* DD Form 214
* Special Orders (SO) Number 13, dated 19 January 1971
* SO Number 111, dated 21 April 1970
* General Orders (GO) Number 2997
* DA Form 759 (Individual Flight Record)
* DA Form 759-1 (Individual Flight Record - Army)  

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 was inducted into the Army of the United States on 4 March 1969 and he held military occupational specialty 11B (Light Weapons Infantryman). 

3.  On 1 May 1969, Headquarters, U.S. Army Training Center, Infantry, Fort Dix, NJ, published SO Number 121, awarding him the:

* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* First Class Gunner Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

4.  On 11 and 19 June 1969, Headquarters, 1st Advanced Individual Training Brigade., U.S. Army Training Center, Infantry, Fort Dix, NJ, published SO Numbers 126 and 132 respectively, awarding him the:

* Second Class Gunner Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

5.  He served in Vietnam from 3 August 1969 to on or about 15 April 1970.  He was assigned as follows: 

* from 19 August 1969 to 6 March 1970, Rifleman, Company A, 5th Battalion, 46th Infantry
* from 7 March 1970 to 16 March 1970, Rifleman/Door Gunner, Company A, 123rd Aviation Battalion
* on 17 March 1970, Door Gunner during an accidental helicopter crash

6.  On 25 March 1970, while in Vietnam, Headquarters, Americal Division published GO Number 2997 awarding him the Air Medal for meritorious achievement while participating in aerial flight from 4 March to 15 March 1970 while assigned to Company A, 123rd Aviation Battalion. 

7.  On 21 April 1970, while in Vietnam, Headquarters, Americal Division published SO Number 111 placing him on flying status as a non-aviator crewmember with a designation as door gunner, effective 4 March 1970, while assigned to Company A, 123rd Aviation Battalion. 

8.  His DA Forms 759 and 759-1 show he completed 53 Single Rotor/Rotary Wing flying hours between 4 March and 16 March 1970, all designated as combat hours, while assigned to Company A, 123rd Aviation Battalion. 

9.  After his injury in Vietnam, he was transferred to continental United States and was assigned as follows: 

* on 27 March 1970, patient at Walter Reed Army Medical Center
* from 17 to 31 August 1970, Rifleman, 2nd Squadron, 6th Cavalry, Fort Meade, MD
* from 1 September to 31 October 1970, Senior MP, 519th MP Battalion, Fort Meade, MD
* from 1 November to 2 March 1971, Senior MP, 293rd MP Company, Fort Meade, MD

10.  SO Number 13, issued by Headquarters, Fort Meade, MD, on 19 January 1971, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). 

11.  He was honorably released from active duty on 3 March 1971.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal 
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* one overseas service bar
* Army Commendation Medal
* Air Medal
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Second Class Machine Gunner Qualification Badge (M-60)
* Army Good Conduct Medal

12.  On 15 November 2012, in response to his petition, the Board granted him relief with respect to his award issue.  As a result, on 7 January 2013, he was issued a DD Form 215 (Correction to DD Form 214 - Certificate of Release or Discharge from Active Duty) that added to his DD Form 214 the: Combat Infantryman Badge, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Vietnam Service Medal with two bronze service stars.

13.  Army Regulation 600-8-22 (Military Awards) sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman -- in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.  For eample:  Expert Marksmanship Qualification Badge with Rifle Bar or Sharpshooter Marksmanship Qualification Badge with Pistol Bar or Marksman Marksmanship Qualification Badge with Automatic Rifle Bar.)  Award of marksmanship badges is not permanent.  An award for previous marksmanship weapons qualification is revoked automatically whenever an individual, upon completion of firing a record course for which the previous award was made, has not attained the same qualification.  In the event a badge is authorized for firing a limited or sub-caliber course, it is automatically revoked if a record service course is subsequently fired.

14.  Army Regulation 600-8-22 also states the Aircraft Crew Member Badge may be awarded temporarily or permanently as follows:

	a.  Commanders of any unit with Army aircraft assigned were authorized to 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 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.

	c.  Army Regulation 600-8-22 authorizes permanent award of the Basic Aviation Badge to an individual who has participated in at least 15 combat missions under probable exposure to enemy fire while performing in-flight duties. 

	d.  Army Regulation 600-8-22 also authorizes permanent award of the Basic Aviation Badge to an individual who has been incapacitated and is precluded from further flight duty as a result of wounds from enemy action or injury as the result of an aircraft accident for which he or she was not responsible. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant performed duties of door gunner in Vietnam - albeit for less than 12 months.  He completed 52 hours of combat mission flying and he was awarded the Air Medal.  He was precluded from further flight duty as a result of an aircraft accident for which he does not appear to be responsible.  Therefore, he met the criteria for permanent award of the Basic Aviation Badge and should be entitled to this award and correction of his DD Form 214 to show it. 

2.  SO awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, he is entitled to correction of his DD Form 214 to show this badge. 

BOARD VOTE:

___X____  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* awarding him the Aircraft Crewmember Badge (now known as the Basic Aviation Badge) 
* adding to his DD Form 214 the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and the Aircraft Crewman Badge



      _________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)                                         AR20130014893





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ABCMR Record of Proceedings (cont)                                         AR20130014893



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