BOARD DATE:	  2 July 2014

		DOCKET NUMBER:  AR20130018831 


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 the Aircraft Crew Member Badge be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge.)

2.  The applicant states he earned and was awarded the badge by flying as a crew chief with the 66th Aviation Company in Europe.  He flew with his plane in Germany and in Vietnam.

3.  The applicant provides copies of item 38 (Record of Assignments) from his DA Form 20 (Enlisted Qualification Record), his DD Forms 214, and a letter from the National Personnel Record Center.

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 29 March 1968, the applicant enlisted in the Regular Army.  He completed training, including a 5-week course as an aircraft maintenance crewman and an 8-week course as a single engine observation and utility aircraft repairman.  He was stationed in Europe and reenlisted on 2 December 1968. 

3.  His DA Form 20 shows in item 38:

	a.  he served as a crew chief with the 66th Aviation Company (Europe) from 16 October to 1 December 1968 for a period of 1 month and 17 days;

	b.  the remainder of his time with the 66th Aviation Company, from 2 December 1968 to 28 June 1969, he served as an airplane mechanic; and

	c.  he was transferred to Vietnam where he served with the 338th Transportation Company as an airplane repairman and senior repairman for the remainder of his active duty service.   

4.  Item 41 (Awards and Decorations) of his DA Form 20 does not list the Aircraft Crew Member Badge as an authorized award nor does his record contain permanent or general orders announcing the award.

5.  On 17 July 1971, he was honorably separated in pay grade E-5 and transferred to the U.S. Army Reserve.  His DD Form 214 does not list the Aircraft Crew Member Badge as an authorized award.

6.  The letter from the National Personnel Records Center states no record was found to show he was authorized the Aircraft Crew Member Badge.

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 (emphasis added) or as a non-crewmember in the case of observers, medical aidmen, gunners, aircraft maintenance supervisors, or technical inspectors (emphasis added).  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 regulatory requirements for permanent award of the badge.  

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.  The applicant states he was awarded the badge in Germany.

2.  Unfortunately, there are no available orders showing the applicant was awarded the Aircraft Crew Member Badge during his periods of service.  Based on the governing regulation and the available evidence it appears he would have been temporarily eligible to wear the badge while serving as a crew chief.

3.  However, there is insufficient evidence to show the applicant either performed flying duties as a crew chief, electronic sensor system operator, flight engineer or as a non-crewmember as an observer, medical aidman, gunner, aircraft maintenance supervisor, or technical inspector for an aggregate of 12 months or that he was school trained for one of those technical positions.   

4.  In addition, the applicant has submitted neither probative evidence nor a convincing argument in support of his application.

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)                                         AR20130018831



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ABCMR Record of Proceedings (cont)                                         AR20130018831



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