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ARMY | BCMR | CY2014 | 20140015363
Original file (20140015363.txt) Auto-classification: Approved

		

		BOARD DATE:   9 April 2015

		DOCKET NUMBER:  AR20140015363 


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 reconsideration of his earlier request for correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Basic Aviation Badge formally known as the Aircraft Crewman Badge.

2.  The applicant states he completed nine weeks of 67Y military occupational specialty (MOS) training at Fort Eustis, Virginia.  Army Regulation (AR) 600-8-22 (Military Awards) paragraph 8-28, lists being school trained as one of the eligibility criteria for the badge.  He feels that having been trained in MOS 67Y during the Vietnam era should make him eligible for the badge.

3.  The applicant provides copies of AR 600-8-22, paragraph 8-28 (Basic Aviation Badge (formerly Aircraft Crew Member Badge)), and his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20130014095 on 1 April 2014.

2.  The applicant provides a new argument which was not previously considered. This new argument warrants consideration by the Board.

3.  The previous Record of Proceedings noted:

	a.  The applicant enlisted in the Regular Army on 22 November 1968.  He completed training in MOS 67Y in 1969.  He served in Vietnam from 16 June 1969 through 15 June 1970, while assigned to Company D, 227th Aviation Battalion, 1st Cavalry Division.

	b.  His record contains Special Orders Number 254 issued by Headquarters, 1st Air Cavalry Division, dated 11 September 1969, which show he was ordered to perform hazardous duty in a non-crew member status in connection with duty as a crew chief in MOS 67N, effective 15 August 1969.  

	c. He was honorably released from active duty on 3 November 1971.

	d.  His records are void of any orders indicating he was ever recommended for or awarded the Aircraft Crewman Badge while serving in Vietnam.

	e.  He was not eligible for the Aircraft Crewman Badge because he was in a qualifying position for less than 12 months.

4.  Army Regulation 600-8-22 (Military Awards) authorizes permanent award of the Basic Aviation Badge to individuals upon successful completion of advanced individual training (AIT) in career management fields (CMFs) 67 (aircraft maintenance) and 93 (aviation operations) and to Soldiers who previously completed AIT in CMF 28 (aviation communications and electronic systems maintenance).  Permanent award of the Basic Aviation Badge is also authorized for CMF 67 graduates from 7 April 1983 through 30 September 2003.

5.  Army Regulation 672-5-1 provided the awards policy during the Vietnam Era.  Change 20 issued on 4 September 1969 stated that to be eligible for permanent award of the Aircraft Crewman Badge, personnel must have been on flying status as a crew member or as a non-crew member and must have been qualified and have 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.  Per paragraph 108.5 b(1) the badge is also authorized for permanent wear for personnel who were school trained for an aforementioned principal duty. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's argument that his nine weeks of training in MOS 67Y during the Vietnam era should make him eligible for award of the Aircraft Crewman Badge was carefully considered and found to have merit. 
2.  The governing regulation at the time of his service authorized permanent award of the Aircraft Crewman Badge to Soldiers who were school trained.  

3.  Notwithstanding the ABCMR decision in Army Docket Number AR20130014095, dated 1 April 2014, there is sufficient and compelling evidence to award the applicant the Basic Aviation Badge (formerly known as the Aircraft Crewman (Crew Member) 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 Basic Aviation Badge and amending his DD Form 214 to show this 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)                                         AR20120008340



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ABCMR Record of Proceedings (cont)                                         AR20140015363



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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