RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 July 2007
      DOCKET NUMBER:  AR20070000933


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Kathleen A. Newman            |     |Chairperson          |
|     |Ms. Susan A. Powers               |     |Member               |
|     |Mr. Edward E. 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, that the Aircraft Crewmember Badge,
now known as the Basic Aviation Badge (BAB), Army Good Conduct Medal
(AGCM), and Flight Medal, which is presumed to be the Air Medal (AM) be
added to his record.

2.  The applicant states, in effect, he is eligible for the requested
awards based on his active duty service and his 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 an alleged error or injustice
that occurred on 24 January 1974, the date of his separation.  The
application submitted in this case is dated 8 January 2007.

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 enlisted in the Regular Army and
entered active duty on 25 January 1971.  His Enlisted Qualification Record
(DA Form 20) shows he was trained in and awarded military occupational
specialty (MOS) 67N (Helicopter Repairer) on 1 July 1971.  Item 27
(Military Education) confirms he completed the 3 week Aircraft Maintenance
Apprentice and 8 week UH-1 Helicopter Repairer courses at the United States
Army Aviation School, Fort Rucker, Alabama, in 1971.  Item 31 (Foreign
Service) shows he served in the RVN from 1 August 1971 through 6 April
1972.  Item 33 (Appointments and Reductions) shows he was promoted to
specialist four (SP4) on 10 October 1971, and that this is the highest rank
he attained while serving on active duty.
4.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows
that during his RVN tour, he was assigned to Battery A, 377th Artillery
from 13 August 1971 through 4 January 1972 and to the 229th Aviation
Battalion form 5 January through 3 April 1972.  In both units, he performed
duties in MOS 67N as a helicopter repairer.  Item 38 also shows that he
received "Excellent" conduct and efficiency ratings at all of his active
duty assignments.  The BAB, AGCM and AM are not included in the list of
earned awards contained in Item 41 (Awards and Decorations) of the DA Form
20 and the applicant last audited this record on
10 May 1972.

5.  The applicant's Military Personnel Records Jacket (MPRJ) is void of any
derogatory information or unit commander disqualification that would
preclude the applicant from receiving the AGCM.  The MPRJ is void of any
information regarding the applicant's flight status or flight records for
the period he served in the RVN.  It does contain orders confirming he was
placed on crewmember flight status as a crew chief while serving with the
101st Airborne Division,
Fort Campbell, Kentucky, on 15 July 1972.

6.  On 24 January 1974, the applicant was honorably separated after
completing 3 years of active military service.  Item 26 (Decorations,
Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or
Authorized) of the DD Form 214 he was issued shows he earned the following
awards during his active duty tenure:  National Defense Service Medal;
Vietnam Service Medal with 1 bronze service star; RVN Campaign Medal with
60 Device; 1 Overseas Bar; Expert Marksmanship Qualification Badge with
Rifle Bar; and Bronze Star Medal.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-13 contains
guidance on the Vietnam Service Medal.  It states, in pertinent part, that
a bronze service star is authorized with this award for each campaign a
member is credited with participating in while serving in the RVN.  Table B-
1 contains a list of RVN campaigns and shows that during the applicant's
tenure of assignment, participation credit was granted for the
Consolidation I 1971, Consolidation II 1971, and Vietnam Cease Fire 1972
campaigns.

8.  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.

9.  Paragraph 8-27 of the awards regulation contains guidance on awarding
the three degrees of Aviation Badges.  Paragraph 8-28 contains guidance on
award of the Basic Aviation Badge (formerly Aircraft Crew Member Badge).
It states, in pertinent part, that for award of this badge, an individual
must be on flying status; have performed crewmember or non-crewmember
flying duties for not less than 12 months (not necessarily consecutive), or
by logging not less than 48 flight hours (whichever comes first), or be
school trained.

10.  United States Army Vietnam (USARV) Regulation 672-1 (Decorations and
Awards) provided, in pertinent part, guidelines for award of the Air Medal.
 It established that passenger personnel who did not participate in an air
assault were not eligible for the award based upon sustained operations.
It defined terms and provided guidelines for the award based upon the
number and types of missions or hours.  Combat missions were divided into
three categories.  A category I mission was defined as a mission performed
in an assault role in which a hostile force was engaged and was
characterized by delivery of ordnance against the hostile force, or
delivery of friendly troops or supplies into the immediate combat
operations area.  A category II mission was characterized by support
rendered a friendly force immediately before, during or immediately
following a combat operation.  A category III mission was characterized by
support of friendly forces not connected with an immediate combat operation
but which must have been accomplished at altitudes which made the aircraft
at times vulnerable to small arms fire, or under hazardous weather or
terrain conditions.

11.  USARV Regulation 672-1 stipulated that to be recommended for award of
the Air Medal, an individual must have completed a minimum of 25 category I
missions, 50 category II missions or 100 category III missions.  Since
various types of missions would have been completed in accumulating flight
time toward award of an Air Medal for sustained operations, different
computations would have had to be made to combine category I, II and III
flight time and adjust it to a common denominator.  In any case, award of
the Air Medal was based on accrual of flight hours as documented in flight
records, which were required to be maintained.
12.  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 (Battery A, 377th Artillery)
received the RVN Gallantry Cross with Palm Unit Citation.

`DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to the BAB and AGCM was
carefully considered and found to have merit.  The evidence of record
confirms the applicant was a crew chief on flight status from 15 July 1972
through
24 January 1974, the date of his separation.  Therefore, it would be
appropriate to award him the BAB and add it to his record and separation
document at this time.

2.  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 MPRJ contains no derogatory information and
there is no documented record of a unit commander disqualification that
would have precluded him from receiving the AGCM.  Therefore, it would be
appropriate to award him the AGCM for his qualifying honorable active duty
service from 25 January 1971 through
24 January 1974, and to add it to his record and separation document
accordingly.

3.  The evidence also shows that based on his RVN service and campaign
participation, the applicant is entitled to the RVN Gallantry Cross with
Palm Unit Citation and 3 bronze service stars with his Vietnam Service
Medal.

4.  The applicant's contention that he is entitled to the AM was also
carefully considered.  However, there is insufficient evidence to support
this claim.  His MPRJ is void of flight records and there are no documents
on file to confirm he met the criteria for the AM while serving in the RVN.
 Therefore, absent flight records to confirm the number of flight hours and
category of missions completed, there is an insufficient evidentiary basis
to support granting this portion of the requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___KAN _  __SAP__  __EEM__  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 awarding him the Army
Good Conduct Medal for his qualifying honorable active duty service from 25
January 1971 through 24 January 1975; by showing his entitlement the Basic
Aviation Badge, Republic of Vietnam Gallantry Cross with Palm Unit
Citation, and 3 bronze service stars with his Vietnam Service Medal; and by
providing him a correction to his separation document that includes these
changes.

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 Air Medal.




                            _____Kathleen A. Newman____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070000933                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/07/10                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1975/01/24                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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