IN THE CASE OF:
BOARD DATE: 16 October 2014
DOCKET NUMBER: AR20140003864
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 Combat Infantryman Badge and Aircraft Crewman Badge (now known as the Basic Aviation Badge).
2. The applicant states he earned the above awards and would like them acknowledged. He was given the badges while in Vietnam. If he received orders he no longer has them.
3. The applicant provides no additional evidence in support of his application.
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 11 April 1968, he was inducted into the Army of the United States. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11D (Armor Reconnaissance Specialist).
3. He was assigned the principal duty of platoon sergeant with Troop D (Airmobile), 1st Squadron, 4th Cavalry from 16 April to 19 September 1969 in the Republic of Vietnam.
4. A Standard Form 88 (Report of Medical Examination) for a Class III Flight examination, dated 10 May 1969, shows the applicant was not qualified for a Class III Flight due to multiple somatic complaints.
5. On 22 September 1969, he was released from active duty. The Combat Infantryman Badge and the Aircraft Crewman Badge are not listed on his
DD Form 214.
6. Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.
7. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided for temporary and permanent award of the Aircraft Crewman 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.
a. To be eligible for temporary award of the Aircraft Crewman Badge an individual had to be on flying status 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. 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 Crewman Badge once they fulfilled the regulatory requirements for permanent award of the badge.
b. For permanent award of the Aircraft Crewman 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 Crewman 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 Crewman Badge.
DISCUSSION AND CONCLUSIONS:
1. He held MOS 11D and was assigned the duties of platoon sergeant while he was assigned to an infantry unit in a cavalry squadron in the Republic of Vietnam. However, there is no evidence of record and he did not submit any substantive evidence that shows he served in active ground combat while assigned to this unit. Therefore, there is insufficient evidence to award him the Combat Infantryman Badge.
2. The applicant did not hold a principal duty assignment as a crew chief, flight engineer, aircraft maintenance supervisor, observer, gunner, or technical inspector. He was assigned as a platoon sergeant and he was not qualified for Class III Flight. Therefore, he is not eligible for award of the Aircraft Crewman 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) AR20140003864
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