RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 9 December 2003
         DOCKET NUMBER: AR2003085588


         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
Ms. Joyce A. Wright		Analyst

The following members, a quorum, were present:

Mr. Mark D. Manning		Chairperson
Ms. Eloise C. Prendergast		Member
Mr. Raymond J. Wagner		Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military records.

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

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THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests that his DD Form 214 (Report of Transfer or Discharge), dated 22 July 1971, be corrected to show that he was awarded flight wings (correctly known as the Aircraft Crew Member Badge).

2. The applicant states that his flight card was submitted to the Company Clerk in Vietnam; however, he was never awarded the Aircraft Crew Member Badge.

3. The applicant provides no documentation.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1. Counsel requests that the applicant's DD Form 214, dated 22 July 1971, be corrected to show that he was awarded the Aircraft Crew Member Badge, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and any other awards he may be entitled to.

2. Counsel states that the applicant was given an honorable discharge after serving 3 years in the US Army. He attained the rank of private first class (PFC) and served in Vietnam with the 334th Aviation Company in military occupational specialty (MOS) 45J20. He was awarded several awards and badges for his service. Counsel also states that his unit was entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Order 8, dated 1974. Counsel requested that the Board’s final decision reflect sound, equitable principles consistent in law, regulation, policy, and discretion.

3. Counsel provides no documentation.

CONSIDERATION OF EVIDENCE:

1. The applicant is requesting correction of error which occurred on 22 July 1971, the date of his discharge. The application submitted in this case is dated 8 December 2002.

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 limitation 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 military records show he was inducted on 17 July 1968, as an aircraft armament repairman (45J20). He was honorably discharged on 22 July 1968, in order to reenlist. He reenlisted on 23 July 1968. He served in Vietnam from 3 June 1969 to 7 June 1970. He continued to serve until he was honorably released from active duty on 22 July 1971. He was transferred to the Army Reserve.

4. The applicant’s DD Form 214, dated 22 July 1971, shows he was awarded the National Defense Service Medal, the Vietnam Service Medal with four bronze service stars, the Vietnam Campaign Medal, the Expert Qualification Badge (Rifle and Pistol), and the Army Commendation Medal with one Oak Leaf Cluster. His DD Form 214, dated 22 July 1971, does not show the Aircraft Crew Member Badge as an authorized award.

5. The applicant’s personnel records indicate that the applicant was school trained as an aircraft armament repairman (45J20) and served as a senior aircraft armament repairman in Vietnam from 3 June 1969 to 7 June 1970. There are no flight records in the available record or submitted by the applicant. There are no orders placing the applicant on flight status.

6. Army Regulation 600-8-22 provides, in pertinent part, that the Aircraft Crew Member Badge may be permanently awarded for successful completion of
formal AIT in career management field 67 MOS’s.

7. The Army Regulation governing military awards at the time in question provided for temporary and permanent award of the Aircraft Crew Member Badge. The regulation authorized the commander of any unit with Army
aircraft assigned to publish orders allowing qualified members of that command to wear the Aircraft Crew Member Badge. To be eligible for temporary award of the Aircraft Crew Member Badge an individual had to be on flying status as a crew chief 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.
The regulation also required individuals 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 are authorized to wear the badge temporarily until relieved from these duties or they may be authorized permanent wear of the Aircraft Crew Member Badge once they have fulfilled the regulatory requirements for permanent award of the badge. 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) or must have been school trained for a principal duty specified above.


8. Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service. After 27 June 1950 to the present time, the current standard for award of the Good Conduct Medal is 3 years of qualifying service, but as little as one year is required for the first award in those cases when the period of service ends with the termination of Federal military service. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

9. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

10. The same register also shows that, at the time of the applicant's assignment to the 334 Aviation Company, the unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders 55, dated 1971.

DISCUSSION AND CONCLUSIONS:

1. The applicant's contention that his flight card was submitted to the company clerk in Vietnam is noted; however, there is no evidence of any flight records in the available records and the applicant has failed to provided evidence to show that he was on flight status while serving in Vietnam.

2. The evidence of record shows that he served as a senior aircraft armament repairman (45J20) while serving in Vietnam. Therefore, there is insufficient basis to approve an award of the Aircraft Crew Member Badge.

3. The applicant is entitled to the first award of the Good Conduct Medal for the period 17 July 1968 to 16 July 1971 based on completion of a period of qualifying service ending with the termination of a period of Federal military service. Therefore, he is entitled to correction of his records to show this award.

4. The applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Therefore, he is entitled to correction of his records to show these awards.

BOARD VOTE:

___mm__ __ep___ __rw___ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that he was awarded the first award of the Good Conduct Medal for the period 17 July 1968 to 16 July 1971, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to award of the Aircraft Crew Member Badge.




                  ___Mark D. Manning_____
                  CHAIRPERSON

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INDEX

CASE ID	AR2003085588
SUFFIX
RECON
DATE BOARDED	20031209
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	19710722
DISCHARGE AUTHORITY	AR 635-200
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	46
2.
3.
4.
5.
6.