RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 November 2007
      DOCKET NUMBER:  AR20070007225


      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. Barbara J. Ellis              |     |Chairperson          |
|     |Mr. Jose A. Martinez              |     |Member               |
|     |Mr. Chester A. Damian             |     |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 Air Medal (AM) and
Aircraft Crewmember Badge (ACB).

2.  The applicant states, in effect, that he requests to be awarded the AM
and ACB based on the over 500 hours of combat aerial flight missions he
participated in during the period 28 April through 4 September 1971, while
serving in the Republic of Vietnam (RVN).  He states that it is his belief
he was overlooked for these awards due the loss of flight operation records
in a fire at the unit during his tour.

3.  The applicant provides the following documents in support of his
application:  Enlisted Qualification Record (DA Form 20) Record of
Assignments (Item 38); Separation Documents (DD Forms 214), dated 29 July
1970 and 30 July 1971;  Flight Physical (SF 88), dated 11 May 1971; RVN
Photographs; and Temporary Disability Retirement List (TDRL) Orders.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows that he initially enlisted in the Regular
Army and entered active duty on 18 March 1970.  He was trained in and
awarded military occupational specialty (MOS) 11B (Light Weapons
Infantryman).

2.  On 24 November 1970, the applicant was honorably discharged for the
purpose of immediate reenlistment.  The DD Form 214 he was issued shows
that during the period covered by the separation document (18 March-24
November 1970), the applicant received the National Defense Service Medal
(NDSM) and Vietnam Service Medal (VSM).  The AM and ACB are not included in
the list of awards contained on this separation document, which the
applicant authenticated with his signature on the date of his discharge.

3.  On 25 November 1970, the applicant reenlisted in the RA and remained on
active duty.  He served until being honorably discharged for the purpose of
immediate reenlistment on 30 July 1971.  The DD Form 214 he was issued for
this period of service shows he earned the NDSM, VSM, RVN Campaign Medal
with 60 device and Combat Infantryman Badge (CIB).  The AM and ACB are not
included in the list of awards contained on this separation document, which
the applicant also authenticated this document with signature on the date
of his discharge.

4.  On 31 July 1971, the applicant reenlisted in the RA and continued to
serve until being honorably released from active duty (REFRAD) and
transferred to the United States Army Reserve (USAR) on 29 July 1977.  The
DD Form 214 he was issued at this time shows he earned the following
awards:  NDSM; VSM; CIB; RVN Campaign Medal; 2 Overseas Service Bars; Army
Commendation Medal (ARCOM); RVN Gallantry Cross with Palm Unit Citation;
and Army Good Conduct Medal.  The AM and ACB were not included in the list
of awards on this separation document, which the applicant again
authenticated with his signature on the date of his REFRAD.

5.  The applicant's record shows that during his RVN tour, he was assigned
to Company B, 1st Battalion, 6th Infantry Regiment, from 21 September 1970
through 7 April 1971, performing duties in MOS 11B as an assistant gunner.
From 8 through 25 April 1971, he was assigned to Company G (Rangers),
75th Infantry Regiment, performing duties in MOS 11B as a rifleman; and
from
26 April through 4 September 1971, he was assigned to Company A, 123rd
Aviation Battalion, performing duties in MOS 11B as a rifleman.

6.  The applicant continued to serve in various capacities in the USAR
through
28 September 2006, at which time he was released from duty because of
physical disability and placed on the TDRL, in the rank of master sergeant
(MSG).  The orders he was issued at the time shows he completed 21 years,
5 months and 23 days of service for disability retirement and 36 years, 5
months and 25 days for basic pay purposes.

7.  The applicant's Official Military Personnel File (OMPF) contains a
Personnel Qualification Record (DA Form 2-1), which was prepared on the
applicant on
16 August 1977, and which he last reviewed on 27 July 1997.  Item 9 (Awards
and Decorations) of this record does not include the AM and ACB in the list
of awards entered.  The OMPF is also void of any orders, flight records, or
other documents that could be used to verify the applicant's entitlement to
the AM and ACB.

8.  The applicant provides a Report of Medical Examination (SF 88), which
shows he took a Class III Flight Physical on 11 May 1971, and photographs
that he claims show him while he was serving as a helicopter door gunner in
the RVN.

9.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards
policy.  Paragraph 3-16 contains guidance on the AM.  It states, in
pertinent part, that it is awarded to any person who, while serving in any
capacity in or with the U.S. Army, will have distinguished himself or
herself by meritorious achievement while participating in aerial flight.
10.  United States Army Vietnam (USARV) Regulation 672-1 (Decorations and
Awards) provided the command awards policy, which included guidelines for
award of the AM.  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.  The same USARV regulation 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.

12.  Paragraph 8-28 of the Army awards regulation contains guidance on
award of the Basic Aviation Badge (formerly Aircraft Crew Member Badge).
It states, in pertinent part, that to be awarded this badge, a member must
be on flying status (physically qualified class III) and have performed
crewmember or
non-crewmember flying duties for not less than 12 months.  Individuals
schooled trained in an aviation MOS may be awarded the badge upon
completion of advanced individual training (AIT).

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to the AM and ACB was carefully
considered.  However, there is insufficient evidence to support granting
the requested relief.

2.  The AM and ACB are not included in the list of awards contained on the
applicant's DA Form 2-1, which he last reviewed in 1997, more than 25 years
after he completed his tour in the RVN.  His review of this record was his
verification that the information contained in the record, to include the
list of awards in Item 9, was correct at the time of the review.

3.  Further, the AM and ACB were not included in the list of awards
contained on DD Forms 214 he was issued on 24 November 1970, 30 July 1971
and 29 July 1977, all of which he authenticated with his signature at the
time of separation for each of these periods of service, the last of which
was almost six years after he completed his RVN tour.  His signature on
these documents was his verification that the information contained on the
separation documents, to include the awards listed, was correct at the
times the DD Forms 214 were prepared and issued.

4.  In addition, the applicant's OMPF is void any orders awarding him the
AM or ACB during his active duty tenure.  The record is also void of any
flight records that could be used as a basis to determine the applicant's
eligibility for the AM based on the flight duties he performed in the RVN,
which would have been based on the category and number of missions he
completed.  As a result, absent flight records, there is insufficient
evidence to support awarding the applicant the AM at this late date, more
than 35 years after the fact.

5.  Further, by regulation, in order to qualify for the ACB, a member must
be on flying status (physically qualified class III) and have performed
crewmember or
non-crewmember flying duties for not less than 12 months.  Although the
record confirms the applicant's assignment to an aviation unit, and that he
took a flight physical examination, which would indicate he was on flight
status, the period he was assigned to the unit was just over 4 months, and
he completed the flight physical less than 4 months prior to his departure
from the RVN.  Therefore, it appears he was not on flight status for the
necessary 12 months and was not schooled trained in an aviation MOS.  As a
result, the regulatory criteria for award of the ACB has not been satisfied
in this case.

6.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___BJE  _  __JAM  _  __CAD___  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.




                                  _____Barbara J. Ellis_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070007225                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/11/16                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1977/07/29                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1. 46    |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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