RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 February 2008
      DOCKET NUMBER:  AR20070011987


      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          |
|     |Mr. Jose A. Martinez              |     |Member               |
|     |Ms. Susan A. Powers               |     |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, reconsideration of his earlier
petition to be awarded the Aircraft Crewmember Badge (ACMB), which is now
known as the Basic Aviation Badge.

2.  The applicant states, in effect, that he was awarded the ACMB by his
commander at the 159th Assault Support Helicopter Battalion, 101st Airborne
Division, in the Republic of Vietnam (RVN).  He claims this award was for
his performance of duty as a door gunner, crew chief, and for performing
aircraft maintenance when he was not flying.  He further states that he is
entitled to two overseas service medals he never received and to a combat
service medal for supporting firebases.

3.  The applicant provides no additional documentary evidence in support of
his reconsideration request.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number
AR20060005436, on 26 September 2006.

2.  During its original review of the case, the Board found no evidence
showing the applicant was awarded the ACMB by proper authority while
serving in the RVN.  It also determined that while serving in the RVN, the
applicant was on flying status as a non-crewmember and it found no evidence
indicating he served in career management field 67 (Aviation), or that he
performed 12 months a s a door gunner or crew chief, which the governing
regulation required to support award of the ACMB.  The Board did confirm
that based on his service and campaign participation in the RVN, the
applicant was entitled to the Valorous Unit Award (VUA), Meritorious Unit
Commendation (MUC), RVN Gallantry Cross with Palm Unit Citation, RVN Civil
Actions Honor Medal First Class Unit Citation, and 3 bronze service stars
with his Vietnam Service Medal.

3.  The applicant now provides new argument indicating that he did
everything he told the Board he did, and he sincerely cares about his past
and wants his record corrected accordingly.  He claims that he truly did
the work, never thinking he would make it home, and never refused a mission
in the air or on the ground.  He concludes by stating that he deserves
everything he wrote about and hopes the Board's research will find what he
is claiming is factual.
4.  The applicant's record shows that he enlisted in the Regular Army and
entered active duty on 20 June 1969.  He was trained in and awarded
military occupational specialty (MOS) 71H (Personnel Specialist), and
specialist four (SP4) is the highest rank he attained while serving on
active duty.

5.  On 24 February 1970, the applicant was honorably discharged for the
purpose of immediate reenlistment after completing 8 months and 5 days of
active military service.  The separation document (DD Form 214) he was
issued at this time shows he held the MOS 71H and that he had earned the
National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), and
Parachutist Badge.

6.  On 25 February 1970, the applicant reenlisted for a period of six
years.  His Enlisted Qualification Record (DA Form 20) shows that he served
in the RVN from 14 January 1970 through 14 December 1970.  Item 38 (Record
of Assignments) shows that during his RVN tour, he was assigned to the 25th
Administration Company, 25th Infantry Division from 24 January through
6 June 1970, performing duties as a personnel specialist; and to Company A,
159th Assault Helicopter Battalion, 101st Airborne Division from 7 June
through
5 December 1970, performing duties as a door gunner and crew chief.

7.  The applicant's Military Personnel Records Jacket (MPRJ) contains no
orders or other documents that indicate he was ever recommended for or
awarded the ACMB by proper authority while serving in the RVN.

8.  On 17 December 1971, the applicant was separated with a general, under
honorable conditions discharge, by reason of unsuitability, after
completing a total of 2 years and 4 months of creditable active military
service and accruing
57 days of time lost due to being absent without leave (AWOL).  Item 24
(Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons
Awarded or Authorized) of the DD Form 214 he was issued at the time shows
he earned the following awards:  NDSM; VSM; RVN Campaign Medal; and
Parachutist Badge.  The ACMB was not included in the list of awards
contained on the DD Form 214 and the applicant authenticated this document
with his signature in Item 32 (Signature of Person Being Transferred or
Discharged) on the date of his discharge.

9.  On 23 April 2007, as a result of the original Board decision in this
case, a correction (DD Form 215) to the applicant's 17 December 1971 DD
Form 214 was issued that added the VUA, MUC, VSM with 3 bronze service
stars, RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions
Honor Medal First Class Unit Citation to the list of awards contained in
Item 24.
DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for reconsideration of his petition to be
awarded the ACMB and additional awards for his combat service in the RVN
was carefully considered.  However, there is insufficient evidence to
support his claim.

2.  As indicated in the original Record of Proceedings, there is no
evidence of record to confirm the applicant was school trained and/or
served in CMF 67 (Aviation) or that he served in a non-crewmember (door
gunner) status for
12 months, as is required by the governing regulation to support award of
the ACMB.  As a result, there is still an insufficient evidentiary basis to
support award of the ACMB in this case.

3.  The evidence of record also confirms that based on the Board's
comprehensive review in September 2006, the applicant's record was
corrected  to add all awards to which he is entitled based on his RVN and
active duty service.  As a result, there is no evidence to support his
claim that he is entitled to additional awards based on his combat service
in the RVN.

4.  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 or that would support
amendment of the original Board decision in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___KAN _  _JAM ___  __SAP__  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 to amend the decision of
the ABCMR set forth in Docket Number AR20060005436, dated 26 September
2006.




                                  _____Kathleen A. Newman__
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070011987                           |
|SUFFIX                  |                                        |
|RECON                   |AR20060005436-2006/09/26                |
|DATE BOARDED            |2008/02/                                |
|TYPE OF DISCHARGE       |GD                                      |
|DATE OF DISCHARGE       |1971/12/17                              |
|DISCHARGE AUTHORITY     |AR 635-212                              |
|DISCHARGE REASON        |Unsuit                                  |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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