IN THE CASE OF:
BOARD DATE: 23 July 2014
DOCKET NUMBER: AR20130020857
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 award of the Aircraft Crew Member Badge (now known as the Basic Aviation Badge).
2. The applicant states he was on more than 47 air assault missions that landed in 47 hot landing zones. He was awarded an Army Commendation Medal for his air assault missions, now he wishes to be awarded the Basic Aviation Badge. He feels he was pushed out of the Army too fast and never awarded it despite being awarded an Air Medal.
3. The applicant provides no additional evidence.
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 was inducted into the Army of the United States on 14 October 1968. He completed training and he was awarded military occupational specialty 11B (Light Weapons Infantryman).
3. His record contains a DA Form 20 (Enlisted Qualification Record) which lists the following information:
a. Item 27 (Military Education) does not show he received any formal school training in an aviation MOS.
b. Item 31 (Foreign Service) shows he served in the Republic of Vietnam from 17 March 1969 through 16 March 1970.
c. Item 38 (Record of Assignments) shows he served in Vietnam as:
(1) a Rifleman and Machine Gunner in duty MOS (DMOS) 11B from 14 April to 31 October 1969 while assigned to Company D, 4th Battalion, 12th Infantry Regiment, a period of approximately 6 months;
(2) an Equipment Maintenance Clerk in DMOS 71T from 1 November to 31 December 1969 while assigned to Company D, 4th Battalion, 12th Infantry Regiment, a period of 2 months;
(3) a Squad Leader in DMOS 11B from 1 January to 31 January 1970 while assigned to Company D, 4th Battalion, 12th Infantry Regiment, a period of 1 month; and
(4) an Equipment Maintenance Clerk in DMOS 71T from 1 February to
9 March 1970 while assigned to Company D, 4th Battalion, 12th Infantry Regiment, a period of over 1 month.
d. Item 41 (Awards and Decorations) does not show award of the Basic Aviation Badge.
4. He was honorably released from active duty on 13 October 1970 in the rank/grade of sergeant (SGT)/E-5 and he was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation. He completed 2 years of creditable active service.
5. His DD Form 214 shows the:
* National Defense Service Medal
* Combat Infantryman Badge
* Air Medal
* Vietnam Service Medal with 2 bronze service stars
* Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal with 2 Oak Leaf Clusters
6. His records do not contain official orders awarding him the Basic Aviation 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. 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. 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's contention that his record should be corrected to show award of the Basic Aviation Badge was carefully considered and determined to lack merit.
2. The evidence of record shows he performed duties as a rifleman, machine gunner, and an equipment maintenance clerk while assigned to an infantry unit in the Republic of Vietnam. There is no evidence the applicant served in a qualifying duty position for at least 12 months (not necessarily consecutive) to a unit with organic aircraft. As a result, there is insufficient evidence to award him the Aviation 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 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) AR20130020857
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130020857
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