MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            19 September 2000
	DOCKET NUMBER:   AR2000040545

	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	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Hubert O. Fry, Jr.		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Regan K. Smith		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:  That he be awarded the Aircraft Crewman Badge, the Republic of Vietnam Gallantry Cross with Palm (RVNGCw/palm), and all Air Medals (AM) that he is due based on his 1400 combat flying hours.

APPLICANT STATES:  In effect, that he was entitled to receive the Aircraft Crewman Badge, the RVNGCw/palm and additional awards of the AM based on his having flown over 1400 combat flying hours.

COUNSEL CONTENDS:  In effect, that the applicant should receive any benefit of the doubt in regards to his eligibility for the awards he is requesting.

EVIDENCE OF RECORD:  The applicant's military records show:

He enlisted on 29 August 1967 for a period of 3 years and training as an aircraft maintenance crewman.  He completed his training and was transferred to Vietnam on 30 October 1968 for duty as a helicopter mechanic.

On 21 August 1969, orders were published which designated the applicant for duty as a non-aviator – Crewmember Crew Chief, effective 24 November 1968    (3 days after being assigned to the 170th Aviation Company).

The applicant’s records show that he was awarded the Air Medal on 3 February 1969 for meritorious achievement while participating in aerial flight during the period 28 November to 5 December 1968.

He departed Vietnam on 24 October 1969 and was transferred to Fort Stewart, Georgia.  He served at Fort Stewart until he was honorably released from active duty (REFRAD) on 28 August 1970 due to the expiration of his term of service.  He was REFRAD in the pay grade of E-2 and was transferred to the United States Army Reserve Control Group (Reinforcement) where he remained until he was discharged on 1 August 1973.

At the time of his separation his separation document (DD Form 214) indicates that he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, one overseas service bar, and the AM. 

A review of the applicant’s records failed to indicate any flight records that record flight hours performed by the applicant in the performance of his duties.

Army Regulation 672-5-1, in effect at the time, provided the authority for individual awards and decorations.  It states, in pertinent part, that the Aircraft Crewman Badge may be awarded temporarily to individuals on flying status as a crew member (in the case of crew chiefs) or as non-crewmembers in the case of observers, medical aidmen, gunners, aircraft maintenance supervisors, or technical inspectors.  Individuals who have performed these duties for a period of not less than 12 months may be awarded the badge permanently.  

The same regulation also provided the criteria for subsequent awards of the AM. It states, in pertinent part, that award of the AM is primarily intended to recognize those personnel who are on current crewmember or non-crewmember flying status which requires them to participate in aerial flight on a regular and frequent basis in the performance of their primary duties.  Awards for meritorious service may be made for sustained distinction in the performance of duties involving regular and frequent participation in aerial flight for a period of at least 6 months. In this regard, accumulation of a specified number of hours and missions will not serve as the basis for award of the AM.   

Department of the Army Pamphlet 672-3 serves as a register for unit citation and campaign participation.  It indicates that the 170th Aviation Company was awarded the RVNGCw/palm for the periods of 1 March 1966 to 26 March 1967, 27 March 1967 to 17 May 1968, and 1 April to 26 June 1970. 

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 has failed to submit evidence that would satisfy the aforementioned requirement.

2.  The evidence of record shows that the applicant did not qualify for award of the Aircraft Crewman Badge by virtue of the amount of time (less than 12 months) he was assigned to the position.  Accordingly, he was not entitled to the award of that badge.

3.  In the absence of evidence to the contrary, it must be presumed that the applicant did not earn and was not entitled to additional awards of the AM.  Therefore, there is no basis to grant him additional awards at this time.

4.  The evidence of record shows that the applicant was assigned to the 170th Aviation Company during the period December 1968 to October 1969 and that unit was not awarded the RVNGCw/palm during that period.  Accordingly, there appears to be no basis to award it at this time.

5.  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.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__rks____  ___hof __  __jpi____  DENY APPLICATION

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

INDEX

CASE ID	AR2000040545	
SUFFIX		
RECON		
DATE BOARDED	2000/09/19	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  64	107.0018/AM	
2.  140	107.0094/RVNGC	
3.  164	107.0118/ACMB	
4.		
5.		
6.