RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        29 January 2008
      DOCKET NUMBER:  AR20070012210


      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. Shirley L. Powell             |     |Chairperson          |
|     |Mr. Paul M. Smith                 |     |Member               |
|     |Mr. Larry C. Bergquist            |     |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 (ACMB), which is now known as the Basic Aviation Badge.

2.  The applicant states, in effect, that Basic Aviation Badge should be
added to the list of awards contained on his separation document (DD Form
214).  He claims that although he earned the Air Medal, sloppy record
keeping from his old unit resulted in his not receiving the ACMB.

3.  The applicant provides an Air Medal Certificate and Citation in support
of his application.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the
Army Board for Correction of Military Records (ABCMR) to excuse an
applicant’s failure to timely file within the 3-year statute of limitations
if the ABCMR determines it would be in the interest of justice to do so.
While it appears the applicant did not file within the time frame provided
in the statute of limitations, the ABCMR has elected to conduct a
substantive review of this case and, only to the extent relief, if any, is
granted, has determined it is in the interest of justice to excuse the
applicant’s failure to timely file.  In all other respects, there are
insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's record shows that he enlisted in the Regular Army and
entered active duty on 9 January 1967.  His Enlisted Qualification Record
(DA Form 20) shows he completed the military occupational specialty (MOS)
68G (Air Frame Repairer) course and was awarded MOS 68G on 7 August 1967.

3.  The applicant's DA Form 20 also shows he served in the Republic of
Vietnam (RVN) from 15 September 1967 through 8 August 1969.  Item 38
(Record of Assignments) shows that during his RVN tour, he was assigned to
the 80th Transportation Detachment from 19 September 1967 through 31
January 1969 and to the 121st Aviation Company from 1 February through 8
August 1969.  At both of these assignments, the applicant performed duties
in MOS 68G as an Aircraft Frame Repairer.

4.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows
that during his active duty tenure, he earned the National Defense Service
Medal (NDSM), Air Medal (AM), Vietnam Service Medal (VSM) and RVN Campaign
Medal.  The ACMB is not included in the list of awards contained in Item
41.

5.  The applicant's Military Personnel Records Jacket (MPRJ) is void of any
orders indicating the applicant was on flight status or that he was ever
recommended for or awarded the ACMB while serving in the RVN.

6.  On 12 August 1969, the applicant was honorably separated after
completing a total of 2 years, 7 months and 4 days of active military
service.  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; AM; VSM;
and RVN Campaign Medal.  The ACMB was not included in the list of awards
contained in Item 24 and the applicant authenticated this separation
document with his signature in Item 32 (Signature of Person Being
Transferred or Discharged) on the date of his separation.

7.  On 1 February 2001, the applicant was awarded the Army Good Conduct
Medal (AGCM) in United States Total Army Personnel Command Permanent Orders
Number 032-06.  This award was based on his qualifying period of  honorable
active duty service from 9 January 1967 through 12 August 1969.

8.  The applicant provides an AM certificate and citation that confirm he
was awarded the AM for meritorious achievement while participating in
aerial flight in the RVN from 22 December 1967 through 24 January 1968.

9.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards
policy.  Paragraph 2-13 contains guidance on the VSM.  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.  It also states that a silver service star is issued in lieu of
5 bronze service stars to denote participation in 5 campaigns.  Table B-1
contains a list of RVN campaigns.  It shows that during the applicant's
tenure of assignment in the RVN, participation credit was granted for the
following campaigns:  Vietnam Counteroffensive Phase III; TET
Counteroffensive; Vietnam Counteroffensive Phase IV; Vietnam
Counteroffensive Phase V; Vietnam Counteroffensive Phase VI; TET 69
Counteroffensive; and Vietnam Summer-Fall 1969.

10.  Paragraph 8-28 of the awards regulation contains guidance on award of
the Basic Aviation Badge (formerly ACMB).  It states, in pertinent part,
that to receive this award, a member must be on flying status and must have
performed crewmember or non-crewmember flying duties for not less than 12
months.

11.  United States Army Vietnam (USARV) Regulation 672-1 provided the USARV
awards policy during the Vietnam Era.  Appendix X provided guidance on
award of the ACMB.  It stated, in pertinent part, that to be eligible for
this badge, a member must have been on flying status as a crew member or as
a non-crewmember and must have been qualified and held as and held a
principle duty assignment as a crew chief, flight engineer, aircraft
maintenance supervisor, observer, gunner, or technical inspector and must
have  performed those duties for not less than 12 months.

12.  Department of the Army General Order Number 8, dated in 1974,
authorized the award of the Republic of Vietnam Gallantry Cross with Palm
Unit Citation to all personnel assigned to the RVN from 8 February 1962
through 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should have been awarded the ACMB
based on his service in the RVN was carefully considered.  However,
although the applicant was awarded the AM for the little over one month
period between 22 December and 24 January 1968, his record fails to show he
was on flight status or that he served in one of the principle duties (crew
chief, flight engineer, aircraft maintenance supervisor, observer, gunner,
or technical inspector) that authorized award of the ACMB for not less than
12 months.  As a result, there is an insufficient evidentiary basis to
support granting the requested relief.

2.  The evidence of record does show that the applicant was awarded the
AGCM in 2001, and that he is entitled to the RVN Gallantry Cross with Palm
Unit Citation and 1 silver service star and 2 bronze service stars with his
VSM based on his RVN service and campaign participation.  The omission of
these awards from his separation document is an administrative matter that
does not require Board action.  Therefore, the Case Management Support
Division (CMSD),
St. Louis, Missouri, will administrative correct his record as outlined in
paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.





BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__SLP___  __PMS__  __LCB __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable
error or injustice related to award of the Aircraft Crewmember Badge.
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.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned by showing his entitlement to the Army Good Conduct Medal,
Republic of Vietnam Gallantry Cross with Palm Unit Citation and 1 silver
service star and 2 bronze service stars with his Vietnam Service Medal; and
by providing him a correction to his separation document that includes
these changes.




                                  _____Shirley L. Powell ____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070012210                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2008/01/DD                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1969/08/12                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |OS Rtn                                  |
|BOARD DECISION          |DENY with Note                          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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