ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  25 March 2019

	DOCKET NUMBER:  AR20190001638


APPLICANT REQUESTS:  correction of his DD Form 214 (Armed Forces of the United 
States Report of Transfer or Discharge) to show the Expert Marksmanship Qualification 
Badge with Rifle Bar.  He also requests award of the Aircraft Crewmember Badge (now 
known as the Basic Aviation Badge) and the Air Medal.  


APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application For Correction of Military Record) dated 8 January 
2019
*	DA Form 20 (Enlisted Qualification Record)
*	Orders
*	DD Form 214 for the period ending 26 July 1967

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United 
States Code (USC), section 1552 (b); however, the Army Board for Correction of 
Military Records conducted a substantive review of this case and determined it is in the 
interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states he flew as a volunteer gunner for 228th Aviation Battalion from 
October 1966 to July 1967.  He filled in on flight crews that were short a gunner.  
According to the Battalion Flight Operations Noncommissioned Officer he was not put 
on flight status due to “no slots available.”  He flew as part of the crew, without any 
recognition or flight pay. Due to his volunteer status, he was overlooked when 
recommendations were made.  He has no flight records or proof of number of flights 
flown.

3.  His DA Form 20 (Enlisted Qualification Record) shows in item 38 (Record of 
Assignments) he was assigned to duty in Vietnam with Headquarters and Headquarters 
Company, 228th Aviation Battalion (Assault Support Helicopter) 1st Cavalry Division 
(Air Mobile), from 1 November 1966 to 23 July 1967.  His duty military occupational 
specialty was 71M (Chaplain Assistant).  The DA Form 20 does not list the Aircraft 
Crewmember Badge or the Air Medal in item 41 (Awards and Decorations).

4.  Special Orders Number 197, dated 16 October 1964 awarded the applicant the 
Expert Marksmanship Qualification Badge with Rifle Bar for his score with the M-14 rifle.  
His DA Form 20 shows in item 29 (Qualification in Arms) he later shot a "Sharpshooter" 
score with the M-14 rifle on 22 June 1966.  The available records do not show any 
qualifying scores with the M-14 rifle subsequent to 22 June 1966.

5.  The available records do not include flight records documenting the number, type, 
and duration of air assault missions the applicant participated in.  
 
6.  On 26 July 1967, he was honorably released from active duty.  The DD Form 214 
issued at that time shows, in part, the Sharpshooter Marksmanship Qualification Badge 
with Rifle Bar (M-14).  The Aircraft Crewmember Badge and Air Medal are not listed 
among his awards.  

7.  Army Regulation 600-8-22 (Military Awards) states the Air Medal is awarded to any 
person who, while serving in any capacity in or with the Armed Forces of the United 
States, who has distinguished himself or herself by meritorious achievement while 
participating in aerial flight. 

8.  U.S. Army Vietnam 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 at departure point.  

9.  Army Regulation 600-8-22 authorizes permanent award of the Basic Aviation Badge 
to an individual who has participated in at least 15 combat missions under probable 
exposure to enemy fire while performing in-flight duties.

10.  Army Regulation 600-8-22 states a basic Marksmanship Qualification Badge is 
awarded to indicate the degree in which an individual, military or civilian, has qualified in 
a prescribed record course and an appropriate bar is furnished to denote each weapon 
with which he or she qualified.  Each bar will be attached to the basic badge that 
indicates the qualification last attained with the respective weapon.  Basic qualification 
badges are of three classes: Expert, Sharpshooter, and Marksman.


BOARD DISCUSSION:

After review of the application and all evidence, the Board determined there is 
insufficient evidence to grant relief.  The applicant’s contention was carefully 
considered.  His record is absent evidence he qualified as an expert with the M-14.  
Based upon the preponderance of evidence, the Board agreed the applicant’s record 
does not support, and he did not provide any evidence, for the awarding of the Air 
Medal nor the Aircraft Crewmember Badge.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	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 the overall merits of this case are insufficient 
as a basis for correction of the records of the individual concerned.


	  
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.


ADMINISTRATIVE NOTE(S):

Not applicable.


REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three 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 three-year statute of 
limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Army Regulation 600-8-22 (Military Awards) states the Air Medal is awarded to any 
person who, while serving in any capacity in or with the Armed Forces of the United 
States, who has distinguished himself or herself by meritorious achievement while 
participating in aerial flight. 

3.  U.S. Army Vietnam 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 at departure point.  

4.  Army Regulation 600-8-22 authorizes permanent award of the Basic Aviation Badge 
to an individual who has participated in at least 15 combat missions under probable 
exposure to enemy fire while performing in-flight duties.

5.  Army Regulation 600-8-22 states a basic Marksmanship Qualification Badge is 
awarded to indicate the degree in which an individual, military or civilian, has qualified in 
a prescribed record course and an appropriate bar is furnished to denote each weapon 
with which he or she qualified.  Each bar will be attached to the basic badge that 
indicates the qualification last attained with the respective weapon.  Basic qualification 
badges are of three classes: Expert, Sharpshooter, and Marksman.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20190001638
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