RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        28 September 2006
      DOCKET NUMBER:  AR20060001703


      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. Dean L. Turnbull              |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. Paul M. Smith                 |     |Member               |
|     |Ms. Alice Muellerweiss            |     |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, that his service records be changed
so that he may be allowed to wear the Senior Army Aviator Badge.

2.  The applicant states, in effect, that he completed the Army Flight
School from October 1957 to August 1958 and the Helicopter School in 1959.
He further stated that due to his brother's death (William Booth) as a
result of an aircraft crash, he became fearful of flying, and he was
temporarily suspended from flight status.  He served in Army Aviation
Electronics and Air Traffic Control automation programs from 1968 until he
retired with 25 years of service in 1975.

3.  The applicant provides:

     a.  a copy of DA Form 66 (Officer Qualification Record);

     b.  a copy of DA Form 759 (Individual Flight Record-Army Aviator);

     c.  a copy of a letter from the United States Army Aeromedical Center
(USAAMC), dated 1 February 1968; and

     d.  a copy of a letter from Headquarters, Department of the Army,
Office of Personnel Operations, dated 12 June 1968.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 31 August 1975, the date he retired from active duty.
The application submitted in this case is dated 25 January 2006; however,
it was received on 3 February 2006.

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 service records show that he served as an enlisted
Soldier from 23 October 1949 through 23 December 1952.  He was honorably
separated after serving 3 years, 2 months, and 1 day of active service.
4.  The applicant's DD Form 214 (Report of Separation from Active Duty)
shows that he entered active duty as a commissioned officer on 25 April
1957.  The applicant was honorably retired on 31 August 1975, and was
placed on the retired list 1 September 1975, after serving 25 years, 6
months, and 3 days of active federal service.

5.  He served in Korea during the period 23 April 1960 to 14 May 1961.

6.  He served in Germany during the period 25 June 1963 to 1 July 1965.
His records show that he served in the Republic of Vietnam during the
period  
30 September 1965 to 7 June 1966.

7.  He served a second tour in Germany during the period 6 April 1967 to 23
April 1968.  His service records also show that he served a second tour in
the Republic of Vietnam during the period 17 May 1968 to 22 April 1969.

8.  His DA Form 66 shows that he completed several Army Flight School
courses during his career as an Officer.

9.  His DA Form 759 shows that his total pilot time completed in an Army
aircraft was 2009 hours.

10.  DA Form 1049 (Personnel Action), shows that the applicant requests
permanent termination from flying status.  In this same form he requested
to retain his Senior Army Aviator Badge.

11.  In the letter from the USAAMC, dated 1 February 1968, it shows that he
was placed on probationary grounding during his evaluation period.
According to this letter the applicant requested termination from flight
status.  The commander recommended approval; however, he strongly
recommended that no action be taken to penalize the applicant or to
jeopardize his career as a result of his request.

12.  On 12 June 1968, the letter from Headquarters, Department of the Army,
Office of Personnel Operations, shows that the applicant was indefinitely
suspended from flying status and was not authorized to continue to wear the
Army Aviator Badge, and that the applicant was permanently removed from the
Army Aviation Program.

13.  On 13 June 1968, the recommendation to permanently remove the
applicant from flying status was approved.

14.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the awards
of the National Defense Service Medal (1OLC), Army of Occupation Medal,
Armed Forces Reserve Medal, Vietnam Service Medal, Republic of Vietnam
Campaign Medal with 60 Device, Air Medal (2nd Award), Bronze Star Medal,
Army Commendation Medal (1OLC), Meritorious Unit Citation, and the Republic
of Vietnam Gallantry Cross with Palm Unit Citation.  However, it does not
show the award of the Senior Army Aviator Badge.

15.  Army Regulation 672-5-1 (Awards) states, in pertinent part, that any
aviator badge may be revoked when the Department of the Army has approved
the findings of a flying evaluation board among those findings are refusal
to fly, fear of flying, and a request for termination.

16.  Review of the applicant's records indicates entitlement to additional
awards and decorations not shown on item 24 of his DD Form 214.

17.  Headquarters, U.S.  Army Test and Evaluation Command General Orders
Number 83, dated 29 July 1975, awarded the applicant the Meritorious
Service Medal.

18.  Army Regulation 600-8-22 (Military Awards) 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.  The regulation states that, after 27 August 1940, three
years of qualifying service was required for award of the Good Conduct
Medal, but during the World War II era, the first award could be made based
on one year of qualifying service provided that service occurred between 7
December 1941 to 2 March 1946.  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.

19.  Army Human Resources Command Message (Date Time Group 9 February 2004)
published implementing instructions for award of the Korea Defense Service
Medal (KDSM).  This message specified criteria for the award of the Korea
Defense Service Medal as follows:  a) service members of the armed forces
must have served in support of the defense of the Republic of Korea from 28
July 1954 through a future date to be determined by the Secretary of
Defense; b) the area of eligibility encompasses all land area of the
Republic of Korea, and the contiguous water out to 12 nautical miles, and
all air spaces above the land and water areas;  c) service members must
have been mobilized with units or assigned or attached to units operating
in the area of eligibility and have been physically deployed in the area of
eligibility for 30 consecutive or 60 non-consecutive days.

20.  The applicant's records show that he was awarded the Vietnam Service
Medal.  However, his DD Form 214 does not show any bronze service stars
indicating campaign credit.

21.  Appendix B of Army Regulation 600-8-22 Military Awards shows that
based on the applicant's dates of service in the Republic of Vietnam, he
participated in Vietnam Defense Campaign (8 March 1965 – 24 December 1965),
Vietnam Counteroffensive (25 December 1965 – 30 June 1966), Vietnam
Counteroffensive Phase II (1 July 1966 – 31 May 1967), Vietnam
Counteroffensive Phase IV (2 April 1968 – 30 June 1968), Vietnam
Counteroffensive Phase V (1 July 1968 – 1 November 1968), Vietnam
Counteroffensive Phase VI (2 November 1968 – 22 February 1969), and TET  
69 Counteroffensive 1969 (23 February 1969 – 8 June 1969).  This same
regulation states that a bronze service star will be awarded for wear on
the Vietnam Service Medal for participation in each campaign and that a
silver service star is authorized in lieu of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that his records be changed so that he may be
allowed to wear the Senior Army Aviator Badge.

2.  The DA Form 66 and the DA Form 759 provided evidence that the applicant
was once qualified to be in the Army Aviation program.  However, the
recorded entries on both forms represent the applicant's status and flight
record at the time he was eligible to wear the Senior Army Aviator Badge.

3.  DA Form 1049, shows that the applicant requested to terminate his
flying status permanently.

4.  The letter from USAAMC, dated 1 February 1968, shows that the applicant
requested to be terminated from flight status.

5.  The letter from Headquarters, Department of the Army, Office of
Personnel Operations, shows that the applicant received an indefinite
suspension from flying status and was not authorized to continue to wear
the Army Aviator Badge. The applicant was also permanently removed from the
Army Aviation Program.  Therefore, he is not entitled to correction of his
records to show the award of the Senior Army Aviator Badge.

6.  Records show he is entitled to the first award of the Army Good Conduct
Medal as an enlisted Soldier for the period 23 October 1949 to 23 December
1952 based on completion of a period of qualifying service of three years,
ending with the termination of a period of Federal military service.  His
records do not contain any adverse information throughout that period of
service.  Therefore, he is entitled to correction of his records to show
this award.

7.  Orders show that the applicant was awarded the Meritorious Service
Medal.  Therefore, he is entitled to correction of his records to show this
award.

8.  Records show that the applicant is authorized the KDSM.  Therefore, he
is entitled to correction of his records to show this foreign award.

9.  Records show that the applicant participated in seven campaigns during
his service in the Republic of Vietnam.  Therefore, he is eligible for
award of one silver service star and two bronze service stars to be affixed
to his Vietnam Service Medal.

10.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 August 1975; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
30 August 1978.  Although the applicant did not file within the ABCMR's
statute of limitations, the evidence in this case warrants waiver of
failure to timely file.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___lds___  ___am __  ___pms_  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 the award of
the Meritorious Service Medal; Army Good Conduct Medal first award for the
period 23 October 1949 to  
23 December 1952; Korea Defense Service Medal; and one silver service star
and two bronze service stars to be affixed to his 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
the Senior Army Aviator Badge.




                                  __________Linda D. Simmons_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060001703                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060928                                |
|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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