RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        4 October 2005
      DOCKET NUMBER:  AR20050004389


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Michael J. Fowler             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Mark D. Manning               |     |Chairperson          |
|     |Mr. Larry C. Bergquist            |     |Member               |
|     |Ms. Carmen Duncan                 |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his records to show award of the
Air Medal and the Aircraft Crewman Badge.

2.  The applicant states, in effect, that he served as a door gunner while
on duty for two months with the 201st Aviation Company.  He further states
that he flew more that 100 hours and 50 missions while serving in Vietnam.

3. The applicant provides a copy of a DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on 26 August 1969.  The application submitted in this case is dated 16
March 2005.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant requested correction of his records to show award of the
Air Medal.  There are no orders or other evidence authorizing award of this
decoration to the applicant.  In the absence of a proper award authority
for this decoration, the applicant may request award of the Air Medal under
the provisions of Section 1130, Title 10, United States Code.  He has been
notified by separate correspondence of the procedures for applying for the
decoration under section 1130 and, as a result, it will not be discussed
further in this Record of Proceedings.

4.  The applicant enlisted in the Regular Army on 2 November 1966 and
successfully completed basic training and advanced individual training.  He
was awarded military occupational specialty (MOS) 95B (Military Policeman).
 He was later awarded the MOS 64B (Wheeled Vehicle Mechanic).



5.  The applicant arrived in Vietnam and was assigned to the 272nd Military
Police Company on or about 4 October 1967 where he performed duties as a
military policeman.  He departed Vietnam on or about 22 October 1968 and
was honorably separated on 26 August 1969.

6.  The applicant's DD Form 214 with the ending period of 26 August 1969
shows he was awarded the National Defense Service Medal, the Vietnam
Service Medal, the Vietnam Campaign Medal with Device (1960), the Valorous
Unit Award, the Meritorious Unit Commendation, the Sharpshooter
Marksmanship Qualification Badge (M-14), the Expert Marksmanship
Qualification Badge (M-16), and the Marksman Marksmanship Qualification
Badge (pistol.45 caliber).

7.  There are no special orders in the applicant's service personnel
records awarding him the Aircraft Crewman Badge.

8.  Department of the Army General Orders Number 8, 1974, announced award
of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to
Headquarters, U. S. Military Assistance Command and its subordinate units
during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.
S. Army Vietnam and its subordinate units during the period 20 July 1965 to
28 March 1973.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
for award of the Aircraft Crew Member Badge.  The Aircraft Crew Member
Badge may be permanently awarded to Soldiers upon successful completion of
formal AIT in career management field (CMF) 67 MOSs.  For permanent award
of this badge, an individual must be on flying status (physically qualified-
class III), have performed in one of the duties listed below for not less
than 12 months (not necessarily consecutive), or is school trained for a
principal duty as a crew chief, airborne electronic sensory system operator
or supervisor, flight engineer, observer, aeromedical physician assistant,
medical aid person, gunner, aircraft maintenance supervisor, or technical
inspector; and be qualified for and hold a principal duty assignment as a
crew chief, flight engineer, aircraft maintenance supervisor, observer,
gunner, or technical inspector, or flight inspection technician.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows that the applicant was awarded MOS 95B and
later awarded MOS 64B.  Evidence of record shows during his entire tour in
Vietnam he performed duties as a military policeman.  The applicant stated
that he served as a door gunner while serving in Vietnam.  However, there
is no evidence in the available records and the applicant has not provided
evidence that he performed aircraft crewman duties.  In addition, the
regulation requires 12 months of duty as a door gunner.  Thus, there is
insufficient evidence to show he is eligible for award of the Aircraft
Crewman Badge.

2.  Evidence of record confirms that the applicant served in Vietnam.
Therefore, he is eligible for award of the Republic of Vietnam Gallantry
Cross with Palm Unit Citation.  His DD Form 214 should be amended to add
this award.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 26 August 1969; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 25 August 1972.  The applicant did not file within the
3-year statute of limitations and has not provided a compelling explanation
or evidence to show that it would be in the interest of justice to excuse
failure to timely file in this case.

4.  Evidence shows that the applicant’s records contain administrative
errors which do not require action by the Board.  Therefore, administrative
correction of the applicant's records will be accomplished by the Case
Management Support Division (CMSD), St. Louis, Missouri, as outlined by the
Board in paragraph 3 of the BOARD DETERMINATION/RECOMMENDATION section
below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__MDM__  __LCB __  __ CD __  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.

3.  The Board determined that administrative errors in the records of the
individual concerned should be corrected.  Therefore, the Board requests
that the CMSD-St. Louis administratively correct the records of the
individual concerned to show award of the Republic of Vietnam Gallantry
Cross with Palm Unit Citation.




                                  _____ Mark D. Manning ___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004389                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |4 October 2005                          |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0018.0000                           |
|2.                      |107.0118.0000                           |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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