MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            22 August 2000                  
	DOCKET NUMBER:   AR2000035384

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Ms. Antoinette Farley		Analyst	

  The following members, a quorum, were present:

	Mr. Edward Williamson		Chairperson	
	Ms. Margaret V. Thompson		Member	
	Mr. Kenneth W. Lapin		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  The applicant requests, in effect, correction of his records to show award of his flight wings (Aircraft Crewman Badge). 

APPLICANT STATES: That he was an Assault Helicopter Door Gunner with 766 flight hours from December 1970 to August 1971.  He further states that his flying status began on 16 December 1970, while attached to the 1st Aviation Brigade, 92nd Assault Helicopter Company.  He feels that in the interest of justice that his records should be corrected to show he earned his flight wings, while in the Republic of Vietnam (RVN).  He submits a copy of his DD Form 214 (Armed Forces of The United States Report of Transfer or Discharge) to show his period of service from 9 September 1968 to 31 August 1971. 
EVIDENCE OF RECORD:  The applicant's military records show:

On 9 September 1968, the applicant enlisted in the Regular Army, for 3 years.  He completed basic combat training and advanced individual training and was awarded military occupational specialty (MOS) 95B10 (Military Policeman).  He then was assigned to Fort Ritchie, Maryland.  

On 26 June 1969, he was reassigned to the North Atlantic Treaty Organization (NATO) Support Group, Belgium and served there from 26 June 1969 to 29 July 1970.  On 31 June 1969, he was reclassified into MOS 51M20 (Firefighter). 

He was then reassigned to the RVN on 29 July 1970.  While enroute, he was listed as being absent without leave (AWOL) from 30 August to 
12 September 1970.  He received nonjudicial punishment, under Article 15, Uniform Code of Military Justice.  His punishments included forfeiture of 
$65.00 pay per month for 2 months and reduction to pay grade E-3.  However, as to whether these punishments were ever enforced is not clear.

On 31 August 1970, he arrived for duty in the RVN and initially served in his MOS as a firefighter.  

On 15 December 1970, the applicant underwent a flight physical for duty, as a door gunner.  However, there are no other indications in his records that he performed these duties as a door gunner.

On 15 Mar 1971, he was promoted to the rank of sergeant, in pay grade E-5 and assumed duties in MOS 51M40 (Crash Rescue Specialist/Crash Rescue Team Chief) for 6 months.

On 27 August 1971, he returned to the Continental United States and was separated with an honorable discharge on 31 August 1971.  He was transferred to the United States Army Reserve for completion of his 6-year service obligation.  He was issued a DD Form 214 (Armed Forces of The United States Report of Transfer or Discharge).  On this document it showed that he had
completed 2 years, 11 months and 23 days of creditable active service with no lost time.  The highest grade he attained was pay grade E-5.

In Item 23a (Specialty Number and Title) of his DD Form 214, it shows 
him as serving in MOS 51M40 (Firefighter).  It also shows in item 24 that his awards and decorations include the National Defense Service Medal, the Vietnam Service Medal, the RVN Campaign Medal and two Overseas Bars.  The available records do not show that he was awarded the Aircraft Crewman Badge.

Department of the Army Pamphlet 672-3, shows that Department of the Army General Order 5, dated 1973, awarded the RVN Gallantry Cross with Gold Star Unit Citation to the applicant’s unit.

Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Credit Register) shows that Department of the Army General Order 6, dated 1974, awarded the RVN Gallantry Cross with Palm Unit Citation to the applicant’s unit.

The U. S. Army Vietnam Regulation 672-1 provides in pertinent part, that the Aircraft Crewman Badge may be authorized either for temporary or permanent wear.  The individual must be on flying status, qualified for and hold a principal duty assignment as a crew chiefs, flight engineer, or as a noncrew member in the case of observer, medical airmen, gunners, aircraft maintenance supervisors, or technical inspectors. These personnel are authorized to wear the badge until relieved from these duties or fulfilled the mandatory requirements for permanent award.  The mandatory requirement is duty in one of the above positions for not less than 12 months or to be trained for a principal duty in one of the above positions.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  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, in this case, has failed to submit evidence that would satisfy these requirements.

2.  The applicant’s military records show that he completed his military training and was initially awarded MOS 95B10 (Military Policeman).  He was reclassified into MOS 51M20 as a firefighter in June 1969.  He served in that MOS for the remainder of his service, to include his service in the RVN. 

3.  While there is evidence in his records that he was medically cleared to perform duties as a door gunner in December 1970, there is no evidence that he actually performed such duties.  
4.  Additionally, even if he began to perform door gunner duties in December 1970, he would not have been able to complete 12 months of duty in such a position which was required for permanent award of the Aircraft Crewman Badge.

5.  The Board notes that he is entitled to the award of the RVN Gallantry Cross with Gold Star Unit Citation and the RVN Gallantry Cross with Palm Unit Citation. Therefore, his records should be administratively corrected to show that these awards are added to his DD Form 214. 

6.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

NOTE:  Request that the Army Review Boards Agency (ARBA), Support Division, St. Louis furnish the individual concerned a DD Form 215, (Correction to DD Form 214) to correct item 24 of his DD Form 214 to show that he is entitled to award of the RVN Gallantry Cross with Gold Star Unit Citation and the RVN Gallantry Cross with Palm Unit Citation.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__ew ___  __mvt___  __kwl____  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000035384	
SUFFIX		
RECON		
DATE BOARDED	20000822	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1980909	
DISCHARGE AUTHORITY	AR 625-200	
DISCHARGE REASON	DISCHARGE	
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.		
2.		
3.		
4.		
5.		
6.