RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         23 SEPTEMBER 2004
      DOCKET NUMBER:  AR2004105724


      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.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Deborah L. Brantley           |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. Raymond Wagner                |     |Chairperson          |
|     |Mr. Roger Able                    |     |Member               |
|     |Ms. Eloise Prendergast            |     |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, that  his  records  be  corrected  to
show award of the Purple Heart and a Distinguished Flying Cross.

2.  The applicant states he was wounded in action in 1971 and that he
received a Distinguished Flying Cross.

3.  The applicant provides a copy of his Department of the Army Form 20
(Enlisted Qualification Record) and a copy of his separation physical
examination in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 6 October 1971.  The application submitted in this case
is dated
9 March 2004.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  Records available to the Board indicate that the applicant entered
active duty on 7 October 1968.

4.  The applicant was trained as a generator operator/mechanic and was
briefly assigned to a unit in Germany prior to being reassigned to the 48th
Aviation Company in Vietnam in June 1970.  In September 1970 the applicant
assumed duties as a crew chief with the 48th Aviation Company.

5.  The applicant's military personnel file contains orders published by
the 1st Aviation Brigade confirming the following awards:

      a.  Air Medal for meritorious achievement during the period 12
September 1970 to 21 September 1970.

      b.  Army Commendation Medal for meritorious achievement during the
period 20 June 1970 to 20 October 1970.
      c.  Distinguished Flying Cross for heroic actions on 8 February 1971.

      d.  Ten additional Air Medals for meritorious achievement during the
period 22 September 1970 to 22 February 1971.

      e.  Distinguished Flying Cross for heroic actions on 26 February
1971.

      f.  Air Medal with "V" device for heroic actions on 26 February 1971.

      g.  Purple Heart for wounds sustained on 11 March 1971.

6.  As a result of the applicant's combat wound, he was medically evacuated
from Vietnam.  With the exception of the applicant's initial award of the
Air Medal and the Army Commendation Medal, all of the remaining personal
decorations he received during his tour of duty in Vietnam were awarded
after his departure from that country.

7.  The applicant completed his enlistment contract at Fort Sill, Oklahoma,
and on 6 October 1971 was released from active duty with an honorable
characterization of service in pay grade E-5.  His initial award of the Air
Medal and the Army Commendation Medal are the only personal decorations
reflected on his separation document.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
for award of the Vietnam Service Medal.  This medal is awarded to all
members of the Armed Forces of the United States for qualifying service in
Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service
included attachment to or assignment for 1 or more days with an
organization participating in or directly supporting military operations.

9.  Army Regulation 600-8-22 (Military Awards), in pertinent part,
authorizes award of a bronze service star, based on qualifying service, for
each campaign and states that authorized bronze service stars will be worn
on the appropriate service medal.

10.  A review of Department of the Army Pamphlet 672-3 (Unit Citation and
Campaign Participation Credit Register) notes the applicant’s unit was
credited with participating in two designated campaigns (Sanctuary
Counteroffensive and Vietnam Counteroffensive Phase VII) during the
applicant’s period of assignment.  Two bronze service stars on the Vietnam
Service Medal should reflect his campaign participation.  The unit was also
awarded a Valorous Unit Award, two awards of the Republic of Vietnam
Gallantry Cross Unit Citation with Palm, and one Republic of Vietnam
Gallantry Cross Unit Citation with Gold Star during his tenure with the
organization.  The unit awards were also omitted from his separation
document.

11.  Army Regulation 672-5-1, in effect at the time when the service member
was discharged, required that throughout a qualifying period of service for
award of the Good Conduct Medal the enlisted person must have had all
“excellent” conduct and efficiency ratings and no convictions by a court-
martial.  This period is 3 years except in those cases when the period for
the first award ends with the termination of a period of Federal military
service.  With the publication of the new Army Regulation 672-5-1, in 1974,
the requirement for all excellent conduct and efficiency ratings was
dropped and an individual was required to show that he/she willingly
complied with the demands of the military environment, had been loyal and
obedient, and faithfully supported the goals of his organization and the
Army.  Today, Army Regulation 600-8-22, which replaced Army Regulation 672-
5-1, notes that there is no automatic entitlement to the Army Good Conduct
Medal and disqualification must be justified.  Current practice requires
that the commander provide written notice of nonfavorable consideration and
permits the individual to respond.

12.  The applicant’s conduct and efficiency ratings throughout his military
service were excellent, and he had no record of any disciplinary actions or
incidents of misconduct.

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms that the applicant was awarded 11 Air Medals for
meritorious achievement and one Air Medal with a "V" device for heroism.
He was also awarded the Purple Heart and two awards of the Distinguished
Flying Cross.  His records should be corrected accordingly.

2.  The applicant is also entitled to the Vietnam Service Medal with two
bronze service stars, a Valorous Unit Award, two awards of the Republic of
Vietnam Gallantry Cross Unit Citation with Palm, and one Republic of
Vietnam Gallantry Cross Unit Citation with Gold Star.  His records should
be corrected to reflect those awards.

3.  The applicant completed a qualifying period of service for award of the
Army Good Conduct Medal on 6 October 1971.  There is no evidence his
commander ever disqualified him from receiving the award and no evidence of
any misconduct which would justify denying him the award.  In view of the
foregoing, the Board concludes that the applicant met the basic
qualifications for award of the Army Good Conduct Medal and it would be
appropriate and in the interest of equity to award him that decoration for
the period 7 October 1968 through
6 October 1971.

BOARD VOTE:

___RW__  ___RA __  ___EP___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected:

      a.  by showing that he was awarded 11 Air Medals for meritorious
achievement and one Air Medal with a "V" device for heroism, the Purple
Heart and two awards of the Distinguished Flying Cross;


      b.  by showing that he is entitled to the Vietnam Service Medal with
two bronze service stars, a Valorous Unit Award, two awards of the Republic
of Vietnam Gallantry Cross Unit Citation with Palm, and one Republic of
Vietnam Gallantry Cross Unit Citation with Gold Star; and


      c.  by awarding him the Army Good Conduct Medal for the period
7 October 1968 through 6 October 1971.




                            ____ Raymond Wagner______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004105724                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040923                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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