RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 October 2006
      DOCKET NUMBER:  AR20060002183


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John T. Meixell               |     |Chairperson          |
|     |Mr. Peter B. Fisher               |     |Member               |
|     |Mr. Rowland C. Heflin             |     |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 he be awarded the 6th award of the Army
Good Conduct Medal (AGCM) and the Master Aircraft Crewman Badge (currently
known as the Master Aviation Badge).

2.  The applicant states he earned both awards prior to his court-martial
and discharge.  His unit never issued the orders or lost the orders.  His
unit told him they had no knowledge of orders being requested.  He states
that said orders are not in his field personnel file or his Official
Military Personnel File.

3.  The applicant provides U. S. Disciplinary Barracks Forms 510 (Inmate
Request Slip) dated 20 February 2003 (two), 3 March 2003 (two), 20 April
2003, 24 June 2003, 11 May 2004, and 10 January 2006; orders for his 1st,
3d, 4th, and 5th award of the AGCM; orders for his Aircraft Crewman Badge
and his Senior Aircraft Crewman Badge; his Enlisted Records Brief dated 11
July 2001;  a DD Form 149 dated 27 July 2004; a Board for Correction of
Military Records letter dated 2 May 2005; and a U. S. Army Combined Arms
Center and Fort Leavenworth, Office of the Adjutant General, letter dated
20 May 2004.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records are not available to the Board.  This
case is being considered using reconstructed records, which primarily
consist of the documents provided by the applicant and his record of trial.

2.  The applicant enlisted in the Regular Army on 9 September 1981.  He
apparently trained in and was awarded military occupational specialty (MOS)
68M (Aircraft Weapon Systems Repairer).  He apparently worked in 68-series
duty positions throughout his career.  He was promoted to SSG, E-6 on 1
July 1993.

3.  The applicant was awarded the 5th award of the AGCM for the period
       9 September 1993 through 8 September 1996.

4.  The applicant was awarded the Aircraft Crewman Badge on orders dated
  16 May 1986 and the Senior Aircraft Crew Member Badge on orders dated
     5 June 1998.

5.  The applicant’s Enlisted Records Brief dated 11 July 2001 does not list
the 6th award of the AGCM or the Master Aviation Badge.

6.  On 25 October 2001, the applicant was convicted by a general court-
martial of wrongfully committing indecent acts with his daughter, three
specifications of orally communicating to his daughter certain indecent
language, and two specifications of wrongfully soliciting his daughter to
commit sodomy.  His approved sentence was to be reduced to the grade of
Private, E-1, to be discharged with a dishonorable discharge, and to be
confined for 8 years.

7.  On 16 March 2005, the U. S. Army Court of Criminal Appeals affirmed the
findings of guilty and the sentence.

8.  On 19 December 2005, the applicant was discharged with a dishonorable
discharge pursuant to his conviction by court-martial.  Neither the 6th
award of the AGCM nor the Master Aviation Badge is listed on his DD Form
214 (Certificate of Release or Discharge from Active Duty).

9.  Army Regulation 600-8-22 prescribes Army policy and criteria concerning
individual military awards.  It provides 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 normally 3 years.  There is no right or
entitlement to the Army Good Conduct Medal until the immediate commander
has approved the award and the award has been announced in permanent
orders.

10.  MILPER MESSAGE NUMBER 00-138 (date/time group 101221Z April 2000)
changed the name of the Aircraft Crew Member Badge to the Aviation Badge
and changed the criteria for award of the Basic, Senior and Master Aviation
Badges. For award of the Master Aviation Badge, an individual must
successfully perform 15 years on flight status or non-flight status (flight
experience:  successful performance of 15 years on flying status; or, non-
flight experience:  17 years of experience in a principal duty assignment
including all 68-series MOSs); displayed complete competence in the
principal duty or duties performed leading to this award; attained the
grade of E-6 or higher; and be recommended by the unit commander and
endorsed by the next higher commander of the unit to which presently
assigned.

DISCUSSION AND CONCLUSIONS:

1.  It is noted that the applicant would normally have been eligible for
the 6th award of the AGCM for the period 9 September 1996 through 8
September 1999, and that he might have been eligible for award of the
Master Aviation Badge shortly after he was awarded the Senior Aircraft Crew
Member Badge.

2.  However, both of those awards required action by the immediate
commander (approval in the case of the AGCM and a recommendation in the
case of the Master Aviation Badge) and/or the next higher commander.  There
was no automatic entitlement to either award.

3.  The applicant states he earned both awards prior to his court-martial
and discharge and that his unit either never issued the orders or lost the
orders.  His unit told him they had no knowledge of orders being requested.
 He also stated that said orders are not in his field personnel file or his
Official Military Personnel File.

4.  However, the applicant provides no evidence from his unit that verifies
he should have been awarded the 6th award of the AGCM and the Master
Aviation Badge.  He provides no evidence that his former commanders
recommended him for or approved these awards.

5.  Furthermore, the applicant should have been aware that these orders
were not in his field personnel file or his Official Military Personnel
File prior to his court-martial.  He would have been eligible for promotion
consideration to Sergeant First Class, E-7 several years prior to his court-
martial and should have been reviewing his records for completeness in
preparation for promotion consideration.  However, he provides no
explanation of why the discovery that the awards were missing was not made
earlier, at a time when his unit could have rectified any errors.

6.  The applicant has provided insufficient evidence that would warrant
granting the relief requested.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__jtm___  __pbf___  __rch___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.




                                  __John T. Meixell_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060002183                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061017                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0118                                |
|2.                      |107.0056                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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