RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        23 June 2005
      DOCKET NUMBER:  AR20040009957


      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             |
|     |Mr. Michael J. Fowler             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Robert L. Duecaster           |     |Chairperson          |
|     |Mr. Thomas A. Pagan               |     |Member               |
|     |Mr. Michael J. Flynn              |     |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 correction of his records to show awards of the
Air Medal and the Distinguished Flying Cross.

2.  The applicant states, in effect, that he was assigned in Vietnam for
over
one year and that he is eligible for additional Air Medals after flying in
Vietnam for several months.

3.  The applicant provides Department of the Army, Headquarters, United
States Army Vietnam General Orders Number 4339, dated 6 December 1969;
Department of the Army, Headquarters, United States Army Medical Command
Vietnam General Orders Number 531, dated 23 March 1970; a Distinguished
Flying Cross Certificate, dated 6 December 1969; and an Air Medal
Certificate, dated 5 July 1970.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 7 January 1971.  The application submitted in this case is
dated 2 November 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 limitations 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.  The applicant requested correction of his records to show award of
additional Air Medals.  There are no orders or flight records or other
evidence authorizing award of these decorations to the applicant.  In the
absence of a proper award authority for these decorations, the applicant
may request award of additional Air Medals under the provisions of Section
1130, Title 10, United States Code.  He has been notified by separate
correspondence of the procedures for applying for these decoration under
section 1130 and, as a result, they will not be discussed further in this
Record of Proceedings.




4.  The applicant enlisted in the Regular Army on 8 January 1968 and
successfully completed basic training and advanced individual training.  He
was awarded military occupational specialty (MOS) 67N (UH-1 Helicopter
Repairman).

5.  The applicant arrived in Vietnam and was assigned to the 237th Medical
Detachment on or about 28 November 1968.  He was reassigned to the 45th
Medical Company on 21 June 1969.  He was reassigned to the 57th Medical
Company on 1 July 1969.  He departed Vietnam on or about 24 November 1969
after being credited with participating in four campaigns.  He was
honorably released from active duty on 7 January 1971.

6.  The applicant's DD Form 214 shows he was awarded the Vietnam Service
Medal, the Republic of Vietnam Campaign Medal with/1960 device, the
National Defense Service Medal, the Air Crewman Badge, the Purple Heart,
the Sharpshooter Marksmanship Qualification Badge (M-16 Rifle), and the
Marksman Marksmanship Qualification Badge (M-14 Rifle).

7.  Department of the Army, Headquarters, United States Army Vietnam
General Orders Number 4339, dated 6 December 1969 show that the applicant
was awarded the Distinguished Flying Cross for distinguishing himself on 28
July 1969 while serving as a crewchief.

8.  Department of the Army, Headquarters, United States Army Vietnam
Medical Command General Orders Number 531, dated 23 March 1970 show that
the applicant was awarded the Air Medal for the period 25 June 1969 though
7 July 1969.

9.  There is no evidence the applicant received the first award of the Army
Good Conduct Medal.  His records do not contain any adverse information and
his DA Form 20 (Enlisted Qualification Record) shows his conduct and
efficiency ratings as "excellent" throughout his period of service.

10.  Department of the Army General Orders Number 8, 1974, announced
award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to
Headquarters, U. S. Military Assistance Command and its subordinate units
during the period 8 February 1962 to 28 March 1973 and to Headquarters,
   U. S. Army Vietnam and its subordinate units during the period 20 July
1965 to 28 March 1973.



11.  Army Regulation 672-5-1 (Military Awards), in effect at the time,
provided policy and criteria concerning individual military decorations.
It stated that the Army Good Conduct Medal was awarded for each 3 years of
continuous enlisted active Federal military service completed on or after
27 August 1940 and, for the first award only, upon termination of service
on or after 27 June 1950 of less than 3 years but more than 1 year.  At the
time, a Soldier's conduct and efficiency ratings must have been rated as
"excellent" for the entire period of qualifying service.

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

DISCUSSION AND CONCLUSIONS:

1.  There are orders in the applicant’s service personnel records which
show that he was awarded the Distinguished Flying Cross and the Air Medal.
He is eligible for award of the Republic of Vietnam Gallantry Cross with
Palm Unit Citation.  His participation in four campaigns entitles him to
four bronze service stars to be worn on his Vietnam Service Medal.

2.  It appears the applicant has met the regulatory requirements for award
of the Army Good Conduct Medal for a qualifying period from 8 January 1968
through 7 January 1971.  Therefore, his DD Form 214 should be amended to
add this award.

BOARD VOTE:

__RLD__  __TAP __  __ MJF __  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 by:
      a.  awarding him the Army Good Conduct Medal (1st Award) for the
period 8 January 1968 through 7 January 1971; and

      b.  amending his DD Form 214 to show award of the Distinguished
Flying Cross, the Air Medal, the Army Good Conduct Medal (1st Award), the
Republic of Vietnam Gallantry Cross with Palm Unit Citation, and four
bronze service stars to be worn on his Vietnam Service Medal.




                                  ___ Mr. Robert L. Duecaster __
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040009957                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |23 June 2005                            |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |Mr. Schneider                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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