IN THE CASE OF: BOARD DATE: 4 April 2023 DOCKET NUMBER: AR20220004392 APPLICANT REQUESTS: correction to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Army Commendation Medal and Basic Aviation Badge (formerly Aircraft Crew Member Badge). APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), 5 April 2022 * Privacy Release Form (U.S. Senator 31 March 2022 * Self-authored statement, undated * DD Form 638 (Recommendation for Award), 8 October 1982 * DD Form 214, 18 October 1982 * Honorable Discharge Certificate, 18 October 1982 * Email, Subject: AR 20210015083 Application for Correction of Military Records, 16 March 2022 * 3 letters from Army Review Board Agency (ARBA), from 22 March 2022 to 11 May 2022 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) 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 would like the awards and decorations for which he was approved; he never received these awards nor were they listed on his DD Form 214 upon his separation from Army. a. He states he is eligible for the Basic Aviation Badge (formerly Aircraft Crew Member Badge) for service in 1973, having completed the required 100 flight hours as a crewman/aerial photographer. b. Upon his final weeks in the Army, his supervisor and commander endorsed the award of the Army Commendation Medal after three honorable enlistments. Documents of the award were recently found in his personal records. c. In a letter dated 31 March 2022, from the applicant to U.S. Senator he states, in effect, on his final weeks after 10 years in the Army he was put in for the Army Commendation Medal. During his recent move to , he found old paperwork, which was submitted on 8 October 1982, 10 days before he left the service after his third enlistment. The paper showed a submission and approval of the Army Commendation Medal. He never received the award or citation upon departure from the Army. 3. The applicant enlisted in the Regular Army on 30 June 1972. He was honorably discharged on 15 January 1975 for immediate reenlistment. He completed 2 years, 6 months and 16 days of active service. 4. He reenlisted in the Regular Army on 16 January 1975. His DA Form 2-1 (Personnel Qualification Record) contains the following information: a. Item 6: shows he held the military occupational specialty 84B (Still Photographic Specialist). b. Item 7 (Aviation and Gunnery Qualifications) does not list any aviation qualifications. c. Item 38 (Record of Assignments) shows he was assigned to the following units/locations: (1) Headquarters and Headquarters Battery (HHB), 52d Air Defense Artillery Brigade, Highlands, NJ (6 January 1973 to 10 January 1974) (2) HHB, 16th Air Defense Artillery Brigade (Redesignated from 52d Air Defense Artillery Brigade), Highlands, NJ (4 June 1973 to 3 June 1973) (3) Headquarters and Headquarters Company (HHC), 142d Signal Battalion, 2d Armored Division. Fort Hood, Texas (18 January 1982 to 18 October 1982) d. Item 41 (Awards and Decorations) does not list the Army Commendation Medal or Basic Aviation Badge. 5. A DD Form 638, dated 8 October 1982, shows his Officer in Charge recommended him for award of the Army Commendation for the period of service from 4 January 1982 to 15 October 1982. This document does not show whether the award was approved. 6. The applicant was honorably discharged from active duty on 18 October 1982. He completed 7 years, 9 months, and 2 days of active service this period, with 2 years, 6 months, and 16 days of prior active service. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the following awards: * Army Service Ribbon * Good Conduct Medal (Bronze, 3 Loops) * Expert (Grenade/Pistol/Rifle) * Joint Service Commendation Medal * German Marksmanship Badge (Bronze) * National Defense Service Medal * Overseas Service Ribbon * Army Achievement Medal 7. His Honorable Discharge Certificate shows he was honorably discharged on 18 October 1982. 8. He provides and email and three letters from ARBA dated from 16 March 2022 to 11 May 2022, which show his application was receive, was processing, or requested additional information from the applicant. 9. The applicant did not provide nor do his records contain evidence he was awarded the Army Commendation Medal or the Basic Aviation Badge. Additionally, his records do not contain any evidence of logged flying hours or evidence that he served in a flying status. 10. Regulatory guidance provides that the Army Commendation Medal is awarded to any Servicemember of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. Additionally, Commanders of any unit with Army aircraft assigned could publish orders allowing qualified members of that command to wear the Aircraft Crewmember Badge. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. a. The Board found no evidence in the service record and the applicant provides none to show he was awarded the Army Commendation Medal. He provides a recommendation for award of the Army Commendation Medal but no approval by the appropriate authority, or announcement in orders. As with all personal decorations, award of the Army Commendation Medal requires a formal recommendation, approval trough the chain of command and announcement in order. Nevertheless, while the available evidence is insufficient for awarding the applicant an Army Commendation Medal, this in no way affects his right to pursue his claim for this award by submitting a request through his Member of Congress under the provisions of 10 USC 1130. b. The Board also found no evidence in the service record and the applicant provides none to show he was awarded the Aircraft Crewman Badge. Additionally, there are no documentation associated with flights, flying hours, flying status, or aviation qualification to establish the applicant’s eligibility or the Aircraft Crewman 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. ? REFERENCES: 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 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. 2. Army Regulation 600-8-22 prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. Army Regulation 600-8-22 (Military Awards) states the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 3. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided for temporary and permanent award of the Aircraft Crew Member Badge. Commanders of any unit with Army aircraft assigned could publish orders allowing qualified members of that command to wear the Aircraft Crewmember Badge. a. To be eligible for temporary award of the Aircraft Crewmember Badge an individual had to be on flying status 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. Individuals were also required 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 were authorized to wear the badge temporarily until relieved from those duties or they could be authorized permanent wear of the Aircraft Crewmember Badge once they fulfilled the regulatory requirements for permanent award of the badge. b. For permanent award of the Aircraft Crewmember 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 were 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 were not personally responsible were entitled to permanent wear of this Badge. 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 Crewmember Badge. 4. Army Regulation 15-185 (ABCMR) 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, which is that what the Army did was correct. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220004392 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1