BOARD DATE: 4 April 2017 DOCKET NUMBER: AR20150016889 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __x______ ___x_____ ___x__ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 4 April 2017 DOCKET NUMBER: AR20150016889 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. BOARD DATE: 4 April 2017 DOCKET NUMBER: AR20150016889 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 award of the Aircraft Crewman Badge (currently the Army Basic Aviation Badge). 2. The applicant states he was a door gunner for one year. He was handed his wings by his commanding officer the same day he was presented the Bronze Star Medal. 3. The applicant provides no supporting documents. 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 15 November 1967 the applicant enlisted in the Regular Army for training as a supply specialist. He completed the training requirements and he was awarded military occupational specialty (MOS) 76A (stock control and accounting specialist). 3. On 11 April 1968, he was assigned to Detachment C, 5th Support and Transportation Battalion, Fort Carson, Colorado. On 11 December 1968, he was awarded primary MOS 51M (fire fighter.) 4. On 21 March 1969 he was assigned to duty in Vietnam as a crash rescue specialist with Company A, 25th Aviation Battalion, 25th Infantry Division, in MOS 51M. He departed the unit in a casual status to return to the United States on 8 March 1970. 5. On 16 March 1971, he was honorably released from active duty and transferred to the U.S. Army Reserve to complete his military service obligation. 6. The applicant's DA Form 20 (Enlisted Qualification Record) and his DD Form 214 (Report of Transfer or Discharge) both show he is authorized the following awards: * National Defense Service Medal * Vietnam Service Medal with three bronze service stars * Two Overseas Service Bars * Bronze Star Medal * Air Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar REFERENCES: 1. U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided guidelines for award of the Aircraft Crewman Badge. This regulation, in pertinent part, provided that the commander of any Army unit which has assigned Army aircraft may publish orders authorizing qualified personnel of their command to wear the Aircraft Crewman Badge. An individual must be on flying status as a crew member in the case of crew chiefs and flight engineers or as non-crew member in the case of observers, medical aid men, gunners, aircraft maintenance supervisors, and technical inspectors. The individual must be physically qualified (Class III Flight) and be qualified for and hold a principal duty assignment as a crew chief, flight engineer, aircraft maintenance supervisor, observer, gunner, or technical inspector. An individual who has performed in one of the duties specified above, for not less than 12 months, or is school trained for a principal duty contained above, will be authorized to wear the Aircraft Crewman Badge permanently. Permanent award of this badge was also authorized for Soldiers who had participated in at least 15 combat missions under probable exposure to enemy fire while serving in a principal duty outlined above. 2. Military Personnel Message Number 00-138 (date/time group 101221Z April 2000) changed the name of the Aircraft Crewmember Badge to the Aviation Badge and changed the criteria for award of the Basic, Senior, and Master Aviation Badges. 3. U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided guidelines for award of the Air Medal. It stated passenger personnel who did not participate in an air assault were not eligible for the award based upon sustained operations. It defined terms and provided guidelines for the award based upon the number and types of missions or hours. Twenty-five Category I missions (air assault and equally dangerous missions) and accrual of a minimum of 25 hours of flight time while engaged in Category I missions was the standard established for which sustained operations were deemed worthy of recognition by an award of the Air Medal. However, the regulation was clear that these guidelines were considered only a departure point. DISCUSSION: 1. The applicant served with Company A, 25th Aviation Battalion, from March 1969 to March 1970. His principle duty was as a crash rescue specialist. The evidence shows he was awarded the Air Medal, indicating he participated in a number of missions (i.e., at least 25). 2. He states he served as a door gunner, a duty which would have made him eligible for the Aircraft Crewmember Badge if he served in that duty for not less than 12 months or if he participated in at least 15 combat missions under probable exposure to enemy fire. His record shows he served with Company A, 25th Aviation Battalion, from 21 March 1969 to 8 March 1970, a period less than 12 months. While he may have participated in at least 15 combat missions under probable exposure to enemy fire, he would have had to do so as a door gunner or in another duty position that would have made him eligible for the badge. 3. Other than his own statement, there is no evidence that he served as a door gunner, nor is there evidence confirming he held another duty position that would have made him eligible for this badge. The only duty assignment shown in his record during his service in the RVN is crash rescue specialist. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150016889 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150016889 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2