IN THE CASE OF: BOARD DATE: 22 August 2018 DOCKET NUMBER: AR20160018932 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 IN THE CASE OF: BOARD DATE: 22 August 2018 DOCKET NUMBER: AR20160018932 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. IN THE CASE OF: BOARD DATE: 22 August 2018 DOCKET NUMBER: AR20160018932 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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Basic Aviation Badge (formerly known as the Aircraft Crew Member Badge). 2. The applicant states, in effect, he served in the Republic of Vietnam for a year with flight pay as an aircraft armament specialist. He went on several calibration flights for weapons, flew gunner for the commanding officer to visit troops in Saigon and flew over watch for the Vice President while he was in country. He claims he has orders for two Air Medals but has not received the Basic Aviation Badge. 3. The applicant provides General Orders Number 15850. 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 enlisted in the Regular Army on 14 October 1968. He successfully completed training in military occupational specialty MOS 45M (Aircraft Armament Subsystem Mechanic) and he served in the Republic of Vietnam for the period 28 July 1969 through 27 July 1970, while assigned to Troop C, 1st Squadron, 9th Cavalry Regiment, 1st Cavalry Division (Airmobile). 3. His record contains Special Orders Number 293, issued by Headquarters, 1st Air Cavalry Division, dated 20 October 1969, which show he was ordered to perform hazardous duty in a non-crew member status in connection with duty as an armorer, effective 30 August 1969. 4. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows his principal duties as an aircraft armament repairman and aircraft armament subsystem mechanic. Item 41 (Awards and Decorations) does not show award of the Aircraft Crew Member Badge. 5. On 21 December 1971, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement). His DD Form 214 shows he was awarded the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Army Commendation Medal * Air Medal 6. On 5 March 1975, his DD Form 214 was corrected by DD Form 215 (Correction to DD Form 214) by adding the Bronze Star Medal. 7. His records are void of any orders indicating he was ever recommended for or awarded the Aircraft Crew Member Badge while serving in Vietnam. 8. The applicant provides and his records contain General Orders Number 5850 which shows he was awarded the Air Medal for meritorious achievement while participating in aerial flight from July to November 1969. REFERENCES: Army Regulation 672-5-1 (Awards), in effect at the time, provided for temporary and permanent award of the Aircraft Crew Member Badge. The regulation authorized the commander of any unit with Army aircraft assigned to publish orders allowing qualified members of that command to wear the Aircraft Crew Member Badge. a. For temporary award of this badge an individual had to be on flying status as a crew chief 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. The regulation also required individuals 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 are authorized to wear the badge temporarily until relieved from these duties or they may be authorized permanent wear of the Aircraft Crew Member Badge once they have fulfilled the regulatory requirements for permanent award of the badge. b. For permanent award of this 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 are 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 are not personally responsible are entitled to permanent wear of the Aircraft Crew Member Badge. Further, an individual who has 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 is entitled to permanent award of the Aircraft Crew Member Badge. DISCUSSION: 1. In order to be awarded a permanent award of this badge, he would have had to hold the principal duty assignment as a crew chief, flight engineer, aircraft maintenance supervisor, observer, gunner, or technical inspector, had to be on flying status for 12 months, and required to have been qualified based on a Class III physical examination. 2. The applicant's assignment to Troop C, 1st Squadron, 9th Cavalry Regiment, 1st Cavalry Division (Airmobile) as an aircraft armament repairman and his subsequent award of the Air Medal are not in question. However, his DA Form 20 does not show he served in one of the principle duties listed above that authorized award of the Aircraft Crew Member Badge for not less than 12 months. //NOTHING FOLLOWS// ABCMR Record of Proceedings Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160018932 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160018932 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2