RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          29 November 2005
      DOCKET NUMBER:  AR20050004436


      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. Richard P. Nelson             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Stanley Kelley                |     |Chairperson          |
|     |Mr. Melvin H. Meyer               |     |Member               |
|     |Ms. LaVerne M. Douglas            |     |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 award of the Aircraft Crewman Badge for
participation in aerial flight as a crewmember while assigned to Vietnam in
the 1967/1968 timeframe.

2.  The applicant states that he was asked to fly as an observer on several
missions while he was in Vietnam.  Toward the end of his tour there, he was
informed that he was required to successfully pass a flight physical as one
of the requirements for award of the badge.  He “started” the physical, but
rotated back to the United States before completing it.  He also states
there is nothing in his military records that indicates he flew these
missions.  His “flight log” is the only evidence he has.

3.  The applicant provides his original, hand-written flight log, which
provides the dates, aircraft type, mission type, and pilot in command’s
name (or aircraft tail number) and reason for each mission flown.  He
requests that this log be returned after the Board’s deliberation.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error that
occurred on 16 June 1969.  The application submitted in this case is
undated and was received by the Board on 28 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 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’s military records show he enlisted in the Regular Army
on 17 June 1966 and completed training in Military Occupational Specialty
96D20 (Image Interpreter).  He was assigned to Fort Bragg, North Carolina,
then to Vietnam where he served from 12 May 1967 to 7 May 1968 with the 9th
Military
Intelligence Detachment, 9th Infantry Division.  The applicant returned to
Fort Bragg, where he completed his enlistment and was honorably separated
from active duty in pay grade E-5 on 16 June 1969.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214
(Armed Forces of the United States Report of Transfer or Discharge) shows
he is entitled to the following decorations: the Bronze Star Medal; the
Vietnam Service Medal; the National Defense Service Medal; and the Republic
of Vietnam Campaign Medal with Device (1960).  No other awards or
decorations are listed.

5.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards)
provided guidelines for award of the Aircraft Crewman Badge.  This
regulation, in pertinent part, provided that the commander of any Army unit
which has assigned Army aircraft may publish orders authorizing qualified
personnel of their command to wear the Aircraft Crewman Badge.  An
individual must be on flying status as a crew member in the case of crew
chiefs and flight engineers or as noncrew member in the case of observers,
medical aid men, gunners, aircraft maintenance supervisors, and technical
inspectors.  The individual must be physically qualified (Class III Flight)
and be qualified for and hold a principal duty assignment as a crew chief,
flight engineer, aircraft maintenance supervisor, observer, gunner, or
technical inspector.  An individual who has performed in one of the duties
specified above, for not less than 12 months, or is school trained for a
principal duty contained above, will be authorized to wear the Aircraft
Crewman Badge permanently.

6.  There is no indication in the applicant’s personnel records that he was
awarded the Good Conduct Medal.  There also is no evidence the applicant
was disqualified by his unit commander for award of the Good Conduct Medal.
 Records show the applicant’s conduct and efficiency were rated as
“excellent” throughout his first period of qualifying service and there is
no indication of indiscipline in his service personnel records.

7.  Army Regulation 600-8-22 provides, in pertinent part, that the Army
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.  This period is 3 years except in those cases when
the period for the first
award ends with the termination of a period of Federal military service.
Although there is no automatic entitlement to the Good Conduct Medal,
disqualification must be justified.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in Vietnam.  This document shows the unit, to which the applicant
was assigned, was cited for award of the Meritorious Unit Commendation for
the period 1 February to 30 September 1968 by Department of the Army
General Orders Number 48, dated 1969.  This document also shows the unit
was cited for award of Republic of Vietnam Gallantry Cross Unit Citation
with Palm for the period 1 December 1966 to 30 June 1968 by Department of
the Army General Orders Number 31, dated 1969, and for award of the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for
the period 19 December 1966 to 28 June 1969 by Department of the Army
General Orders Number 59, dated 1969.

9.  Army Regulation 600-8-22, in pertinent part, authorizes award of a
bronze service star, based on qualifying service, for each campaign listed
in Appendix B of this regulation and states that authorized bronze service
stars will be worn on the appropriate service medal.  The appendix shows
that the applicant is entitled to wear one bronze service star for each the
following Vietnam campaigns: Vietnam Counteroffensive Phase II; Vietnam
Counteroffensive Phase III; Tet Counteroffensive; and Vietnam
Counteroffensive Phase IV.

DISCUSSION AND CONCLUSIONS:

1.  While it is apparent the applicant flew as an observer on several
missions while he was in Vietnam, there is no indication he was ever on
orders as an observer in a noncrew member status, or that he was assigned
to a principal duty position as an observer.  Therefore, he is not entitled
to award of the Aircraft Crewman Badge or correction of his records to show
this special skill badge.

2.  Since the applicant was not disqualified for award of the Good Conduct
Medal, and his records show that his conduct and efficiency were rated as
“excellent” throughout his first period of qualifying service, the
applicant is entitled to the first award of the Good Conduct Medal based on
completion of a period of qualifying service from 17 June 1966 to 16 June
1969.  Therefore, he is entitled to correction of his records to show this
award.

3.  General Orders show the applicant is entitled to the Meritorious Unit
Commendation.  Therefore, he is entitled to correction of his records to
show this unit award.

4.  General Orders show the applicant is entitled to the Republic of
Vietnam Gallantry Cross Unit Citation with Palm.  Therefore, he is entitled
to correction of his records to show this unit award.

5.  General Orders show the applicant is entitled to the Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he
is entitled to correction of his records to show this unit award.

6.  Evidence of record shows the applicant received the Vietnam Service
Medal and participated in four campaigns.  As a result, he is entitled to
award of four bronze service stars, to be affixed to the Vietnam Service
Medal, and correction of his records to show these appurtenances.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

___lmd__  ___mhm_  ____sk___  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 showing award of:

      a. the first award of the Good Conduct Medal, for the period 17 June
1966 to 16 June 1969;

      b. the Meritorious Unit Commendation;

      c. the Republic of Vietnam Gallantry Cross Unit Citation with Palm;

      d. the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation; and

      e. four bronze service stars, to be affixed to the Vietnam Service
Medal.

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 Crewman Badge.




            __________Stanley Kelley________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050004436                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051129                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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