RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 September 2006
      DOCKET NUMBER:  AR20060005436


      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             |
|     |Ms. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Marla Troup                   |     |Chairperson          |
|     |Mr. Chester Damian                |     |Member               |
|     |Mr. Edward Montgomery             |     |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 Crew Member
Badge.

2.  The applicant states, in effect, that while serving in Vietnam with the
101st Airborne he had a military occupational specialty (MOS) change and he
fulfilled his MOS obligations as a door gunner and he also performed
maintenance on the helicopters that he flew on missions.

3.  The applicant provides two Military Pay Vouchers; a DA Form 137
(Installation Clearance Record); orders, dated 21 July 1970; and orders,
dated 1 March 1970.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 17 December 1971.  The application submitted in this case is
dated 5 April 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 enlisted on 20 June 1969 for a period of 3 years.  He
successfully completed basic combat training, advanced individual training
(AIT), and basic airborne training.  He was awarded MOS 71H (personnel
specialist).  He arrived in Vietnam on 14 January 1970.  On 24 February
1970, the applicant was honorably discharged for immediate reenlistment.

4.  The applicant reenlisted on 25 February 1970 for a period of 3 years.
His enlistment contract shows he reenlisted for duty and training in Army
Career Group 67 (aircraft maintenance).  His DA Form 20 (Enlisted
Qualification Record) shows he served as a personnel specialist assigned to
the 25th Administration Company of the 25th Infantry Division in Vietnam
from 24 January 1970 through 6 June 1970.

5.  Orders show the applicant was reassigned to the 101st Airborne Division
for duty and training in Army Career Group 67.

6.  The applicant’s DA Form 20 shows his duty MOS was 67A (door gunner)
while assigned to Company A, 159th Aviation Battalion of the 101st Airborne
Division in Vietnam from 7 June 1970 through 19 August 1970.  His DA Form
20 also shows that his duty MOS was 67U (helicopter crew chief) while
assigned to Company A, 159th Aviation Battalion of the 101st Airborne
Division in Vietnam from 20 August 1970 through 4 December 1970 in Vietnam.
 He departed Vietnam on 14 December 1970.  On 17 December 1971, the
applicant was discharged with a general discharge.

7.  The applicant’s DD Form 214 (Report of Transfer or Discharge) for the
period ending 17 December 1971 shows the National Defense Service Medal,
the Republic of Vietnam Campaign Medal with Device 1960, the Vietnam
Service Medal, and the Parachutist Badge as authorized awards.

8.  There are no orders for the Aircraft Crew Member Badge in the
applicant’s service personnel records.

9.  Orders, dated 21 July 1970, show the applicant was awarded crewmember
flight status (nonaviator crewmember) effective 24 June 1970.  Orders,
dated
25 September 1970, show the applicant’s crewmember flight status was
terminated effective 1 September 1970.

10.  The applicant's DA Form 20, which he audited on 4 November 1971, does
not show that he completed training in MOS 67 in item 27 (Military
Education).

11.  Records show the applicant participated in three campaigns during his
assignment in Vietnam.

12.  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 applicant's unit (159th
Aviation Battalion) is entitled to the Valorous Unit Award for actions
during the period 22-23 July 1970 based on Department of the Army General
Orders Number 50, dated 1971.

13.  Department of the Army Pamphlet 672-3 shows the applicant's unit
(25th Administration Company) is entitled to the Meritorious Unit
Commendation for actions during the period 1 January 1970 to 3 December
1970 based on Department of the Army General Orders Number 6, dated 1974.

14.  Department of the Army Pamphlet 672-3 shows the applicant's unit
(25th Administration Company) is entitled to the Republic of Vietnam
Gallantry Cross with Palm Unit Citation based on Department of the Army
General Orders Number 5, dated 1973.
15.  Department of the Army Pamphlet 672-3 also shows that the applicant’s
unit (25th Administration Company) is entitled to award of the Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation based on
Department of the Army General Orders Number 51, dated 1971.

16.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, that the Aircraft Crew Member Badge may be permanently awarded for
successful completion of formal AIT in career management field 67 MOSs.

17.  The Army Regulation governing military awards at the time in question
provided for temporary and permanent award of the Aircraft Crew Member
Badge.  The regulation authorized the commander of any unit with Army
aircraft assigned to publish orders allowing qualified members of that
command to wear the Aircraft Crew Member Badge.  To be eligible for
temporary award of the Aircraft Crew Member Badge an individual had to be
on flying status as a crew chief in the case of crew chiefs, electronic
sensor system operators, and flight engineers or as a non-crewmember in the
case of observers, medical aidmen, gunners, aircraft maintenance
supervisors, or technical inspectors.  The regulation also required
individuals to be qualified based on a Class III physical examination, and
to hold a principal duty assignment as a crew chief, flight engineer,
aircraft maintenance supervisor, observer, gunner, or technical inspector.
These personnel are authorized to wear the badge temporarily until relieved
from these duties or they may be authorized permanent wear of the Aircraft
Crew Member Badge once they have fulfilled the regulatory requirements for
permanent award of the badge.  For permanent award of the Aircraft Crew
Member Badge, an individual must have performed in one of the duties
specified above for not less than 12 months (not necessarily consecutive)
or must have been school trained for a principal duty specified above.

18.  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.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders for the Aircraft Crew Member Badge in the
applicant’s service personnel records.  Evidence of record shows the
applicant reenlisted on 25 February 1970 for duty and training in Army
Career Group 67.  Evidence of record also shows he was on flying status as
a non-crewmember from 24 June 1970 to 1 September 1970 in Vietnam.
However, there is no evidence of record which shows he was school-trained
in career management field 67 or that he performed 12 months as a door
gunner or crew chief as required by the governing regulation.  Therefore,
there is insufficient evidence on which to base award of this badge.

2.  The applicant participated in three campaigns during his assignment in
Vietnam which entitles him to the Vietnam Service Medal with three bronze
service stars.

3.  The applicant’s units were cited for award of the Valorous Unit Award,
the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross
with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor
Medal First Class Unit Citation while he was assigned to them.

4.  Records show the applicant should have discovered the alleged error now
under consideration on 17 December 1971; therefore, the time for the
applicant to file a request for correction of any injustice expired on 16
December 1974.  The applicant did not file within the 3-year statute of
limitations and has not provided a compelling explanation or evidence to
show that it would be in the interest of justice to excuse failure to
timely file in this case.

5.  Evidence shows that the applicant’s records contain administrative
errors which do not require action by the Board.  Therefore, administrative
correction of the applicant's records will be accomplished by the Case
Management Support Division (CMSD), St. Louis, Missouri, as outlined by the
Board in paragraph 3 of the BOARD DETERMINATION/RECOMMENDATION section
below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

MT_____  __CD___  _EM_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.

3.  The Board determined that administrative errors in the records of the
individual concerned should be corrected.  Therefore, the Board requests
that the CMSD-St. Louis administratively correct the records of the
individual concerned
to show that he was awarded the Vietnam Service Medal with three bronze
service stars, the Valorous Unit Award, the Meritorious Unit Commendation,
the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation on
his DD Form 214 for the period ending 17 December 1971.




                                  ___Marla Troup__________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060005436                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060926                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0118                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]