RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         06 JANUARY 2005
      DOCKET NUMBER:  AR2004106448


      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. Deborah L. Brantley           |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. Fred Eichorn                  |     |Chairperson          |
|     |Mr. Richard Dunbar                |     |Member               |
|     |Ms. Yolanda Maldonado             |     |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 that his records be corrected to reflect award
of his "flight combat medals/air medals," his unit medals, and, in effect,
his Aircraft Crew Member Badge.

2.  The applicant states, in effect, that he was awarded a primary
specialty of 67N and that he flew for 5 months and should have been awarded
the crew member flight medal, commonly known as the Aircraft Crew Member
Badge.  He states that he was receiving flight pay and would like to have
his medals to show his children.

3.  The applicant provides a copy of his promotion orders showing award of
a primary specialty of 67N and a copy of his separation document.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 3 September 1971.  The application submitted in this case
is dated
26 March 2004.

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

4.  Records available to the Board indicate that the applicant entered
active duty on 3 October 1968.  He was school trained as an Aircraft Turbo
Engine Repairman and awarded specialty 68B.

5.  In April 1969 he was assigned to Vietnam.  He was initially assigned to
the 303rd Transportation Company but reassigned to the 71st Aviation
Company in September 1969 where he assumed duties as a crew chief in
specialty 67N.

6.  On 17 February 1970 he was promoted to pay grade E-5 in specialty 67N.
Specialty 67N became his primary specialty while 68B was assigned as his
secondary specialty.  His separation document indicates that he returned to
the United States in October 1970.

7.  On 3 September 1971, while assigned to Fort Ord, California, the
applicant was released from active duty under an early release program,
which permitted him to return to school.  His separation document reflects
entitlement to the National Defense Service Medal, Vietnam Service Medal,
Vietnam Campaign Medal, and qualification as a sharpshooter with the rifle.

8.  Army Regulation 600-8-22 states that the Aircraft Crew Member Badge may
be permanently awarded to individuals upon successful completion of formal
advanced individual training in career management fields 67, 28, or 68.

9.  A review of Department of the Army Pamphlet 672-3 (Unit Citation and
Campaign Participation Credit Register) notes the applicant’s unit was
credited with participating in five designated campaign periods (TET 69
Counteroffensive, Vietnam Summer-Fall 1969, Vietnam Winter-Spring 1970,
Sanctuary Counteroffensive, and Vietnam Counteroffensive Phase VII) during
the applicant’s period of assignment.  A silver service star on the Vietnam
Service Medal, which is recorded on his separation document, should reflect
his campaign participation.  The 303rd Transportation Company was awarded a
Meritorious Unit Commendation while he was assigned to that unit and the
71st Aviation Company was awarded two awards of the Republic of Vietnam
Gallantry Cross Unit Citation with Palm while he was assigned to that
organization.
The unit awards were also omitted from his separation document.

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms that the applicant is entitled to an Aircraft
Crew Member Badge by virtue of having completed training in a 68-career
management field specialty.  His records should be corrected accordingly.

2.  The evidence also shows that the applicant is entitled to a silver
service star on his Vietnam Service Medal, a Meritorious Unit Commendation
and two awards of the Republic of Vietnam Gallantry Cross Unit Citation
with Palm.  His records should be corrected to reflect those decorations.
BOARD VOTE:

__FE ___  ___RD __  ___YM __  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for 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:

      a.  awarding him the Aircraft Crew Member Badge;


      b.  showing that he is entitled to a silver service star on his
Vietnam Service Medal; and


      c.  showing that he is entitled to a Meritorious Unit Commendation and
two awards of the Republic of Vietnam Gallantry Cross Unit Citation with
Palm.




                            ______Fred Eichorn________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004106448                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050106                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]