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ARMY | BCMR | CY2005 | 20050007258C070206
Original file (20050007258C070206.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           18 January 2006
      DOCKET NUMBER:  AR20050007258


      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. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Shirley L. Powell             |     |Chairperson          |
|     |Mr. Chester A. Damian             |     |Member               |
|     |Ms. Karmin S. Jenkins             |     |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, in effect, award of the Aircraft Crewmember
Badge (ACMB).

2.  The applicant states, in effect, he is entitled to the ACMB based on
his combat service in the Republic of Vietnam (RVN).

3.  The applicant provides a copy of his separation document (DD Form 214)
in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
that occurred on 6 May 1967.  The application submitted in this case is
dated 4 May 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’s record shows that he was inducted into the Army and
entered active duty on 22 June 1965.  He successfully completed advanced
individual training (AIT) in military occupational specialty (MOS) 67M
(Single Rotor Helicopter Mechanic).  Upon completion of AIT, he was
assigned to Fort Lewis, Washington, where he served in MOS 67M as a crew
chief.

4.  The applicant’s Enlisted Qualification Record (DA Form 20) shows that
he was promoted to private first class (PFC) on 27 December 1966, and this
is the highest rank he attained while serving on active duty.  It also
shows that he served in the RVN from 7 May 1966 through 6 May 1967.  During
his RVN tour, he was assigned to the 114th Aviation Company, performing
duties in MOS 67N (UH-1/AH-16 Helicopter Repairer) and in MOS 67A
(Helicopter Mechanic).


5.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20 shows
that during his active duty tenure, he earned the following awards:
National Defense Service Medal (NDSM); Vietnam Service Medal (VSM); RVN
Campaign Medal with 1960 Device; Air Medal (AM) 4th Oak Leaf Cluster;
Purple Heart (PH); Expert Qualification Badge with Rifle Bar; and 1
Overseas Bar.

6.  Item 38 of the applicant’s DA Form 20 shows that he received
"Excellent" conduct and efficiency ratings at each of his active duty
assignments.  Further, his Military Personnel Records Jacket (MPRJ)
contains no derogatory information and there is no documented record of a
disqualification from any of his active duty commanders that would have
precluded him from receiving the AGCM.

7.  On 6 May 1967, the applicant was honorable separated after completing a
total of 1 year, 10 months and 15 days of active military service.  The
separation document he was issued confirms he earned the following awards
during his active duty tenure:  NDSM; VSM; RVN Campaign Medal with 1960
Device;
AM Medal (AM) 4th Oak Leaf Cluster; PH; Expert Qualification Badge with
Rifle Bar; and 1 Overseas Bar.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-13 contains
guidance on the VSM.  It states, in pertinent part, that a bronze service
star is authorized with this award for each RVN campaign a member is
credited with participating in.

9.  Chapter 4 of the awards regulation prescribes the policy for award of
the
AGCM.  It states, in pertinent part, that the AGCM 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, in
which case a period of more than 1 year is a qualifying period.  Although
there is no automatic entitlement to the AGCM, disqualification must be
justified.

10.  Paragraph 8-24 of the awards regulation contains guidance on award of
the ACMB.  It states, in pertinent part, that it may be permanently awarded
to Soldiers upon successful completion of formal advanced individual
training (AIT) in career management field (CMF) 67 MOS.
11.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register) establishes the eligibility of individual members for campaign
participation credit, assault landing credit, and unit citation badges
awarded during the Vietnam Conflict.  It confirms that during his tenure of
assignment in the RVN, the applicant’s unit (114th Aviation Company) earned
the RVN Gallantry Cross with Palm Unit Citation.  It also confirms that he
was credited with participating in the Vietnam Counteroffensive Phase I and
Vietnam Counteroffensive, Phase II campaigns.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant completed AIT in a 67 MOS
and that he served in the aviation field in a 67 MOS in the RVN.
Therefore, he is entitled to the ACMB.  There are no specific combat
accouterments authorized with this award.

2.  The applicant's record confirms that he received "Excellent" conduct
and
efficiency ratings at all of his active duty assignments.  Further, the
record is void
of any derogatory information or a specific disqualification by any of the
active
duty unit commanders for whom he served.  As a result, it would be
appropriate
to award the applicant the first award of the AGCM, for his qualifying
period of honorable active duty service from 22 June 1965 through 6 May
1967.

3.  The record also shows that based on his RVN service and campaign
participation, he is also entitled to the RVN Gallantry Cross with Palm
Unit Citation and to 2 bronze service stars with his VSM.  Therefore, it
would also be appropriate to add these awards to his record at this time.

BOARD VOTE:

___SLP _  __CAD __  __KSJ __  GRANT 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 showing the applicant is entitled to
the Aircraft Crewmember Badge; by awarding him the first award of the Army
Good Conduct Medal for his qualifying honorable active duty service from 22
June 1965 through 6 May 1967; by showing that based on his RVN service and
campaign participation he is entitled to the Republic of Vietnam Gallantry
Cross with Palm Unit Citation and 2 bronze service stars with his Vietnam
Service Medal; and by providing him a correction to his separation document
that includes these changes.




            ____Shirley L. Powell______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050007258                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2006/01/18                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1967/05/06                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |OS Rtn                                  |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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