ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 3 January 2021 DOCKET NUMBER: AR20210014030 APPLICANT REQUESTS: * reconsideration of his previous request for award of the Aircraft Crewman Badge (now known as the Basic Aviation Badge) * a personal appearance hearing before the Board via video/telephone APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, section 1552) * DD Form 4 (Enlistment Contract – Armed Forces of the United States), 24 July 1968 * DD Form 214 (Armed Forces of the United States Report of Transfer of Discharge) for the period ending 23 July 1971 * DD Form 215 (Correction to DD Form 214), 9 February 2015 * DA Form 20 (Enlisted Qualification Record) * four Eye-witness Statements of Support FACTS: 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 AR20140009371 on 22 January 2015. 2. The applicant states his DD Form 214 does not reflect award of the Army Aircraft Crewman Badge (now known as the Basic Aviation Badge). 3. The applicant enlisted in the Regular Army on 24 July 1968 with parental consent. Upon completion of initial entry training, he was awarded primary military occupational specialty (MOS) 76P (Material Control and Accounting Specialist) effective 7 November 1968. 4. On 20 December 1968, he was awarded primary MOS 76Q (Special Purpose Material Supply Specialist) with secondary MOS 76P. 5. His DA Form 20 shows in: a. item 27 (Military Education), no formal school training in an aviation MOS; b. item 31 (Foreign Service), overseas tour credit for service in U.S. Army Pacific, Vietnam, from 9 May 1969 through 8 May 1970; c. item 38 (Record of Assignments), the following assignments while serving in Vietnam: (1) supply specialist in duty MOS 76Q from 14 May 1969 through 31 July 1969 with the 126th Supply and Service Company, a period of approximately 3 months; (2) supply specialist in duty MOS 76Q from 1 August 1969 through 9 November 1969 with the 226th Supply and Service Company, a period of approximately 3 months; (3) supply specialist in duty MOS 76Q on 10 November 1969 with the 23d Adjutant General Administrative Company; and (4) door gunner in duty MOS 67A (Aircraft Maintenance Apprentice) from 11 November 1969 through 6 April 1970 with the 176th Aviation Company, a period of approximately 5 months; and d. item 41 (Awards and Decorations), no award of the Aircraft Crewman Badge. 6. He was honorably released from active duty on 23 July 1971 in the rank/grade of specialist four/E-4 and transferred to the U.S. Army Reserve Control Group (Reinforcement). He completed 3 years of net active service during this period. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the following: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Army Commendation Medal * Air Medal 7. His records do not contain orders awarding him the Basic Aviation Badge or a Class III physical examination rating. His records do not contain orders or other documentation showing he was awarded any other career management field series MOSs during his military service. 8. On 22 January 2015, the ABCMR considered several requests from the applicant in Docket Number AR20140009371, including award of the Aircraft Crewman Badge. The Board granted partial relief of his requests; however, the Board determined the evidence presented was insufficient to warrant award of the Aircraft Crewman Badge. 9. He was issued a DD Form 215 on 9 February 2015, adding the following awards to his DD Form 214 for the period ending 23 July 1971: * Army Commendation Medal (2nd Award) * Army Good Conduct Medal * Vietnam Service Medal with four bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Meritorious Unit Commendation (2nd Award) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) 10. The applicant provides four eye-witness statements of support of his request for award of the Aircraft Crewman Badge (see attachments). Each individual's statement, including one from his platoon leader at the time of his service in Vietnam, stated he served with the applicant and attests to the fact that he was assigned to the 176th Aviation Company and flew missions in which he performed duties as the door gunner. BOARD DISCUSSION: After reviewing the application, all supporting documents and applicable regulatory guidance, by split vote, the Board majority found sufficient evidence to warrant relief. The applicant’s contention, evidentiary documentation and witness statements were carefully considered. Based on the preponderance of evidence, the Board majority found witness statements sufficiently creditable to support that the applicant met regulatory requirements for the award. The dissenting Board member found insufficient evidence to warrant relief. The applicant's request for a personal appearance hearing was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented 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 adding award of the Aircraft Crewman Badge to his DD Form 214 for the period ending 23 July 1971. 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. REFERENCES: 1. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of evidence. The ABCMR may, in its discretion, hold a hearing (sometimes referred to as an evidentiary hearing or an administrative hearing) or request additional evidence or opinions. Applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. 2. Army Regulation 672-5-1 (Awards), effective 3 May 1961 with change 20, effective 4 September 1969, 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 Crewman Badge. a. An individual must be on flying status as a crew member in the case of crew chiefs, Airborne Electronic Sensory System Operations and Supervisors and flight engineers or as a noncrew member in the case of observers, medical aid men, gunners, aircraft maintenance supervisors, or technical inspectors, be physically qualified for Class III, and be qualified for and hold a principal duty assignment as a crew chief, flight engineer, aircraft maintenance supervisor, observer, gunner, or technical inspector. 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. 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. 3. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) governed the military awards program in Vietnam during the Vietnam War and prescribed policies, responsibilities, and criteria for awards in order to insure prompt and proper recognition of individuals. Appendix X (Aircraft Crewman Badge) notes three degrees of the Aircraft Crewman Badge were authorized for award: Master Aircraft Crewman Badge, Senior Aircraft Crewman Badge, and Aircraft Crewman Badge. a. The retroactive date for these badges is 1 January 1947. b. Permanent award for these badges will be published in special orders of the command exercising jurisdiction over the individuals' personnel records and entered in the DA Form 20 of individual so entitled. The Aircraft Crewman Badge may be authorized either for temporary or permanent wear. c. The commander of any Army unit, which has assigned Army aircraft, may publish orders authorizing qualified personnel of his command to wear the Aircraft Crewman Badge. An individual must be on flying status as a crewmember in the case of crew chiefs and flight engineers or as a non-crewmember in the case of observers, medical aidmen, gunners, aircraft maintenance supervisors, or technical inspectors; be physically qualified with a Class III rating; and be qualified for and hold a principal duty assignment as a crew chief, flight engineer aircraft maintenance supervisor, observer, gunner, or technical inspector. Concurrent with such assignment, these personnel are authorized to wear the Aircraft Crewman Badge until relieved from such duty or until such time as the individual fulfills the mandatory requirements for permanent award. (1) An individual who has performed in one of the duties specified above for not less than 12 months (not necessarily consecutive) or is school-trained for a principal duty contained above will be authorized to wear the Aircraft Crewman Badge permanently. (2) An individual who has been incapacitated for further flight duty by reason of being wounded as a result of enemy action, or injured as the result of an aircraft accident for which he was not personally responsible, or has participated in at least 15 combat missions under probable exposure to enemy fire while serving in a principal duty outlined above, is permanently authorized to wear the Aircraft Crewman Badge. //NOTHING FOLLOWS//