IN THE CASE OF: BOARD DATE: 15 November 2023 DOCKET NUMBER: AR20230004685 APPLICANT REQUESTS: to be awarded the Basic Aviation Badge (formerly known as Aircraft Crew Member Badge). APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Air Medal Certificate, 8 March 1969 * General Orders Number 1485, 3 April 1969 * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) ending on 30 July 1969 * 334th Aviation Company (Attack Helicopter) unit clerk letter, 4 August 1969 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code (USC), 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 was not awarded the Basic Aviation Badge (formerly the Aircraft Crew Member Badge; "wings"). He believes that he met the criteria for this award and would like this error to be corrected. He was awarded Military Occupational Specialty (MOS) 67N20 (UH-1 Helicopter Repairer). He served 1 year in Vietnam in this MOS. During this tour of duty, he participated in numerous hours of flight during combat. The error was not identified until reviewing his records during the Department of Veterans Affairs claim process. 3. This case contains administrative corrections. 4. A review of the applicant's official military records show the following: a. He was inducted into the Army of the United States on 16 October 1967. He completed training requirements and was awarded MOS 67A (Aircraft Maintenance Crewman). b. DA Form 20 (Enlisted Qualification Record) shows in: * item 22 (Military Occupational Specialties) – he was awarded MOSs 67A10 (Aircraft Maintenance Crewman) and 67N20 (Helicopter Mechanic) * item 31 (Foreign Service) – he served in Vietnam from 31 July 1968 to 28 July 1969 * item 38 (Record of Assignments) – while serving in Vietnam, he was assigned to the 334th Aviation Company, 334th Armed Helicopter Company, and 334th Aerial Weapons Company * item 41 (Awards and Decorations) – he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with 1960 Device * One Overseas Bar * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) c. Special Orders Number 334 published by Headquarters, United States Army School/Training Center and Fort Gordon, assigned the applicant to the U.S. Army Aviation Element, Fort Stewart, GA, with a report date of 3 January 1968. The special instructions state MOS 67A10 was awarded and designated primary, effective 13 December 1967. For duty in awarded MOS. d. On 8 August 1968, Headquarters, 145th Combat Aviation Battalion, Vietnam, published Special Orders Number 206 which further assigned the applicant to the 334th Armed Helicopter Company on or about 10 August 1968. e. Special Orders Number 324 dated 6 December 1968, published by Headquarters, 145th Combat Aviation Battalion awarded the applicant primary MOS 67N20. f. On 3 April 1969, Headquarters, 1st Aviation Brigade published General Orders Number 1485 which awarded the applicant the Air Medal with "V" Device. g. On 4 April 1969, Headquarters, 1st Aviation Brigade published Special Orders Number 93 which assigned the applicant as a "non-aviator crewmember crew chief" and required him to participate regularly and frequently in aerial flight as a crewmember, effective 21 March 1969. h. On 30 July 1969, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training). He completed 1 year, 9 months and 15 days net active service. DD Form 214 shows in: * item 23a (Specialty Number and Title) – 67N20 (Helicopter Mechanic) * item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal 4. The applicant provides: a. An Air Medal Certificate dated 8 March 1969 which shows he was awarded the Air Medal for heroism while participating in aerial flight in the Republic of Vietnam on 26 February 1969. b. A letter from the 334th Aviation Company (Attack Helicopter) unit clerk letter dated 4 August 1969, which states – (1) He (unit clerk) did some checking on the applicant's Air Medal with "V" Device which was awarded to him on 26 February 1969. The Air Medal the applicant had in his possession should be the correct one. (2) The award itself does not state that a "V" Device was earned, but the citation and orders should so state. Also, there is a good chance that the applicant's Basic Air Medal should include the First Oak Leaf Cluster if the award he had was the one earned on 26 February. However, sometimes the First Oak Leaf Cluster is omitted, but the unit clerk could not give the applicant no reason for this. (3) The unit clerk's records show that the applicant also had 13 oak leaf clusters coming for flight time accumulated. The unit clerk would submit the applicant for the oak leaf clusters in the near future and mail them to him as soon as they come back. The applicant might also be interested to know that he was submitted as the 334th Aviation Company's nomination for Army Crew Chief of the Year. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s petition and available military records, the Board determined there is sufficient evidence to support the applicant met the criteria for award of the Basic Aviation Badge (formerly known as Aircraft Crew Member Badge). During deliberation, the Board found the applicant service record did not reflect he was awarded the Army Good Conduct Medal (1st award) and his record shows he received "excellent" conduct and efficiency ratings throughout his service for the period of 16 October 1967 to 30 July 1969. Based on this the Board granted relief for correction of the applicant’s record to show award of the Army Good Conduct Medal, the Basic Aviation Badge, and Air Medal with “V” Device and Numeral “13”. 2. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to more accurately depict the military service of the applicant. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION ? BOARD DETERMINATION/RECOMMENDATION: In addition to the administrative notes annotated by the Analyst of Record (below the signature), the Board determined the evidence presented is 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 amending his DD Form 214 for the period ending 30 July 1969, by awarding him the * Basic Aviation Badge * Air Medal with “V” device and numeral “13” and * awarding him the Army Good Conduct Medal (1st Award) for exemplary service from 16 October 1967 to 30 July 1969 and adding the medal to his DD Form 214 for the period ending 30 July 1969 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): 1. The applicant's DD Form 214 for the period ending 30 July 1969 should be corrected by amending item 24 as follows: a. Delete in item 24 – * Vietnam Service Medal * Vietnam Campaign Medal b. Add in item 24 – * Air Medal with "V" Device * Vietnam Service Medal with four bronze service stars * Republic of Vietnam Campaign Medal with 1960 Device * One Overseas Bar * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) 2. A review of the records listed below (enclosed) is sufficient to substantiate correction of the DD Form 214 without action by the Board. * DD Form 214 * DA Form 20 (Enlisted Qualification Record) * Special Orders Number 172, 25 November 1967 * General Orders Number 1485, 3 April 1969 * Department of the Army General Orders (DAGO) Number 55, 1971 * DAGO Number 8, 1974 * AR 600-8-22 (Military Awards) * AR 635-5 (Separation Documents) * DA PAM 672-3 (Unit Citation and Credit Register) REFERENCES: 1. Title 10, USC, 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 (AR) 15–185 (Army Board for Correction of Military Records (ABCMR)) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. In pertinent part, it states that 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 the evidence. The ABCMR will decide cases based on the evidence of record. The ABCMR is not an investigative agency. 3. AR 672-5-1 (Military Awards), in effect at the time, provided for temporary and permanent award of the Aircraft Crew Member Badge. a. Commanders of any unit with Army aircraft assigned could publish orders allowing qualified members of that command to wear the Aircraft Crew Member Badge. b. To be eligible for temporary award of the Aircraft Crew Member 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. c. 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. d. These personnel were authorized to wear the badge temporarily until relieved from those duties or they could be authorized permanent wear of the Aircraft Crew Member Badge once they fulfilled the regulatory requirements for permanent award of the badge. e. For permanent award of the Aircraft Crew Member Badge, an individual must have performed in one of the duties specified above for not less than 12 months (not necessarily consecutive). f. 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 the Aircraft Crew Member Badge. g. 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 Crew Member Badge. 4. AR 600-8-22 (Military Awards), currently in effect, prescribes Department of the Army policy, criteria, and administrative instructions concerning individual and unit military awards. Paragraph 8-13 (Aviation Badges) states, in pertinent part: a. The three degrees of Aviation Badge authorized for award are — (1) Basic Aviation Badge (formerly Aircraft Crew Member Badge). (2) Senior Aviation Badge (formerly Senior Aircraft Crew Member Badge). (3) Master Aviation Badge (formerly Master Aircraft Crew Member Badge). b. The retroactive date for these badges is 1 January 1947. c. To be eligible for award of the Basic Aviation Badge, individuals must successfully complete formal advanced individual training, Aviation Warrant Officer Technician Qualification courses, or Officer Qualification courses in Career Management Field 67 (Enlisted Aviation Maintenance) from 7 April 1983 through 31 August 2003. d. Be on flying status in accordance with AR 600-106 (Flying Status for Nonrated Army Aviation Personnel) or granted a waiver by Headquarters, U.S. Army Human Resource Command (HRC), and have performed aerial observer, crewmember, nonrated, or non-crewmember flying duties for not less than 12 months (not necessarily consecutive) or by logging not less than 48 flight hours (whichever comes first). e. Be on flying status in accordance with AR 600–106 (see flying status for nonrated personnel) or granted a waiver by Headquarters, HRC, and assigned to a Joint Service Airborne Command Post, serving as a member of an operational team for no less than 12 months (not necessarily consecutive) or by logging not less than 48 flight hours (whichever comes first). f. Have been incapacitated from 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 or she was not personally responsible, or has participated in at least 15 combat missions, under probable exposure to enemy fire while on flying status in accordance with AR 600–106 (see flying status for nonrated personnel) and while serving in a valid paragraph and line number as coded in the Army Authorization Documents System. 5. AR 635-5 (Personnel Separations - Separation Documents) in effect at the time prescribes the separation documents that will be furnished to each individual who is separated from the Army. The instructions for item 24 of the DD Form 214 state to enter from the DA Form 20 (Enlisted Qualification Record) all decorations, service medals, campaign credits, and badges awarded or authorized, omitting authorities cited therein. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230004685 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1