RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          11 August 2005
      DOCKET NUMBER:  AR20040009960


      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. Jessie B. Strickland          |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Ms. Deborah Jacobs                |     |Member               |
|     |Mr. Michael J. Flynn              |     |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 report of separation (DD Form 214) be
corrected to reflect his secondary military occupational specialty (SMOS)
of 67A (crew-chief), his award of flight wings, his marksmanship badges and
all other awards he received.

2.  The applicant states, in effect, that his DD Form 214 does not contain
his SMOS as a crew-chief in military occupational specialty (MOS) 67A.  He
further states that his award of flight wings, his marksmanship badges and
other awards are not contained on his DD Form 214 and he desires them to be
added at this time.

3.  The applicant provides a copy of his DD Form 214, his selective service
certificate and classification, his certificate of completion of airborne
training on 20 March 1969, his orders and certificate awarding him the
Purple Heart, his certificate and orders awarding him the Air Medal (32nd
award), two certificates and one order awarding him the Bronze Star Medal
(BSM) for the period of June to April 1971, a copy of a certificate
awarding him the Army Commendation Medal (ARCOM)  for the period of 1 July
1970 to 30 November 1970, and copies of two certificates of appreciation
for his service issued on his release from active duty (REFRAD) on 1 June
1971.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 24 September 1968.  The application submitted in this case is
dated 14 November 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.  He enlisted in St Louis, Missouri, on 24 September 1968 for a period of
3 years under the airborne enlistment option.  He completed his basic
combat training at Fort Leonard Wood, Missouri.  He was awarded the Expert
Marksmanship Badge with M14 Rifle Bar, the Marksman Marksmanship Badge with
M16 Rifle Bar and Grenade Bar.  He completed his advanced individual
training (AIT) at Fort Gordon, Georgia, and was awarded the MOS of an
Infantryman (11B) on 28 February 1969.  Upon completion of his AIT he was
transferred to Fort Benning, Georgia for airborne training on 2 March 1969.

4.  He completed his airborne training, was awarded the parachutist badge
on 20 March 1969 and was transferred to Fort Bragg, North Carolina.  He
remained at Fort Bragg until he was transferred to Vietnam on 26 June 1970.

5.  He was assigned to Headquarters and Headquarters Company, 3rd Brigade,
101st Airborne Division (Airmobile) for duty as a door gunner in MOS 11B10.
 He remained in Vietnam until 30 May 1971, when he was transferred to Fort
Lewis, Washington.

6.  On 1 June 1971, he was honorably released from active duty (REFRAD) as
an overseas returnee on temporary records and an affidavit from the
applicant.  He had served 2 years, 8 months and 8 days of total active
service and his DD Form 214 issued at the time of his REFRAD indicates that
he was awarded the National Defense Service Medal and the Vietnam Service
Medal.  He had served 11 months and 8 days of foreign service in Vietnam.

7.  A review of the available records fails to show that the applicant was
awarded the MOS of 67A10 or that he was awarded the Aircraft Crew Member
Badge.  His records contain copies of the orders awarding him the Air Medal
(AM) with Numeral 32 and the Parachutist Badge.

8.  Army Regulation 600-8-22 serves as the authority for award of the
Aircraft Crew Member Badge.  It provides, in pertinent part, that for
permanent award of this badge, an individual must be on flying status
(physically qualified-class III), have performed the duties of crew chief,
flight engineer, medical aidman, aircraft maintenance supervisor or gunner,
for a period of not less than 12 months.

9.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register-Vietnam Era) was published to assist commanders and personnel
officers in determining or establishing the eligibility of individual
members for campaign participation credit, assault landing credit, and unit
citation badges awarded during the Vietnam Conflict.  Table 1 (Army Units
in Numerical Order) of the pamphlet indicates that the applicant’s unit was
subsequently awarded the Republic of Vietnam Gallantry Cross with Palm
(RVNGC w/Palm) Unit Citation  during the period he was assigned to the
unit.  Additionally, he participated in two campaigns while assigned to
Vietnam and is entitled to be awarded two bronze service stars for wear on
his already awarded VSM.

10.  Army Regulation 600-8-22 also provides, in pertinent part, for award
of the Republic of Vietnam Campaign Medal (RVNCM).  The Government of
Vietnam awarded this medal to all members of the Armed Forces of the United
States for qualifying service in Vietnam during the period 1 March 1961
through 28 March 1973.  Qualifying service included assignment in Vietnam
for 6 months or service outside the geographic limits of the Republic of
Vietnam that contributed direct combat support to the Republic of Vietnam
and its Armed Forces.  Individuals who had qualified for award of the
Vietnam Service Medal or the Armed Forces Expeditionary Medal and were
wounded as a result of hostile action were entitled to award of the RVNCM.
Furthermore, it provides that a bronze service star is awarded for wear on
the VSM for each campaign in which a soldier participates.

DISCUSSION AND CONCLUSIONS:

1.  The applicant has provided sufficient evidence to show that he was
awarded the Purple Heart, the ARCOM, the AM w/Numeral 32, the BSM and the
Parachutist Badge.  His records also show that he was awarded the Expert
Marksmanship Badge with M14 Rifle Bar and the Marksman Marksmanship Badge
with M16 Rifle and Grenade Bars.  Accordingly, it would be in the interest
of justice to correct his records to reflect those awards.

2.  Additionally, the evidence of record also shows that the applicant is
entitled to be awarded the RVNCM, the RVNGC w/Palm Unit Citation and two
bronze service stars for wear on his already awarded VSM.

3.  However, the applicant did not serve the minimum 12 months to qualify
for award of the Aircraft Crewmember Badge and he has failed to show
through the evidence submitted with his application or the evidence of
record that he was awarded that badge and a secondary MOS of a aircraft
crewmember.  Accordingly, there is no basis to grant that portion of his
request.


BOARD VOTE:

________  ________  ________  GRANT RELIEF

__js____  __dj____  __mjf___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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 awarding him the RVNCM,
the RVNGC w/Palm Unit Citation, two bronze service stars for wear on his
already awarded VSM and by showing that he was awarded the Purple Heart,
the ARCOM, the BSM, the AM with Numeral 32, the Parachutist Badge, the
Expert Marksmanship Badge with M14 Rifle Bar and the Marksman Marksmanship
Badge with M16 Rifle and Grenade Bars.

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
awarding him the Aircraft Crewmember Badge and a secondary MOS of an
aircraft crewman.



                 John Slone
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040009960                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050811                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(PARTIAL GRANT )                        |
|REVIEW AUTHORITY        |                                        |
|ISSUES                  |189/CORR 214                            |
|1.110.0000              |                                        |
|2.107.0000              |46/DEC/AWDS                             |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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