RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 September 2005
      DOCKET NUMBER:  AR20040010692


      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. Prevolia Harper               |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Shirley L. Powell             |     |Chairperson          |
|     |Mr. Robert L. Duecaster           |     |Member               |
|     |Ms. Jeanette R. McCants           |     |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 the following awards be added
to Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of his separation document: the
Army Good Conduct Medal (AGCM); the Vietnam Service Medal (VSM) with 4
bronze service stars; the Air Medal with Numeral 9; the Vietnam Gallantry
Cross with Palm Unit Citation; the Republic of Vietnam (RVN) Campaign
Medal; the Aviator Badge; the Presidential Unit Citation; the Meritorious
Unit Citation; the Valorous Unit Citation; and 5 Overseas Service Bars.

2.  The applicant states these awards were omitted from his records upon
leaving Vietnam and Germany.

3.  The applicant provides:

      a.  A letter from the National Personnel Records Center (NPRC), dated
22 November 2004.

      b.  A DD Form 214 (Armed Forces of the United States Report of
Transfer or Discharge) with an effective date of 6 January 1972.

      c.  An NGB (National Guard Bureau) Form 22 (Report of Separation and
Record of Service) with an effective date of 15 August 1978.

      d.  A DA Form 20 (Enlisted Qualification Record).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 6 January 1972.  The application submitted in this case is
dated 28 September 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’s record shows he enlisted in the Regular Army on 13
January 1969.  He completed the required training and was awarded the
military occupational specialty 71P20 (Flight Operations Coordinator).  The
highest rank the applicant attained while serving on active duty was
specialist five.

4.  The applicant’s Enlisted Qualification Record (DA Form 20) confirms
that he served in the RVN from 30 June 1969 through 15 December 1970.
During his RVN tour, he was assigned to Headquarters and Headquarters
Company, 228th Aviation Battalion, 1st Calvary Division (Airmobile).

5.  The applicant’s DA Form 20 also shows he was assigned to the United
States Army Europe (USAREUR) in Germany from 11 February 1971 to 2 January
1972 and this was the last major overseas command in which he performed
service.

6.  Item 38 (Record of Assignments) of the applicant’s DA Form 20 confirms
he received all “Excellent” conduct and efficiency ratings at each of
active duty assignments.  His military personnel records contain no
derogatory information that would have precluded him from receiving the
AGCM, or a unit commander AGCM disqualification.

7.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20 contains
entries showing that he qualified as an Expert with the M-16 Rifle and
received the Marksmanship Badge with Rifle Bar (M-14).

8.  The applicant’s records contain General Orders Number 11168,
Headquarters, 1st Cavalry Division (Airmobile), dated 13 September 1969.
These orders show the applicant was awarded the Air Medal for meritorious
achievement while participating in aerial flight in the Republic of
Vietnam.  These orders do not show the applicant received the Air Medal
with 9 Oak Leaf Clusters (currently known as Air Medal with Numeral 9).

9.  On 6 January 1972, the applicant was honorably separated after
completing
2 years, 11 months, and 24 days of active military service.  Item 24 of the
DD Form 214 he was issued at the time lists the following awards:  National
Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal with
1960 Device, Bronze Star Medal, Overseas Service Bar, Expert Marksmanship
Badge with Rifle Bar (M-16), Marksmanship Badge with Rifle Bar (M-14), Air
Medal, and the Army Commendation Medal.  The applicant authenticated this
document with his signature in Item 32 (Signature of Person Being
Transferred or Discharged).




10.  Appendix B of Army Regulation 600-8-22 shows that the applicant
participated in the Vietnam Summer-Fall Campaign, Vietnam Winter-Spring
Campaign, Vietnam Sanctuary Counteroffensive, and the Vietnam
Counteroffensive Phase VII.

11.  Chapter 4 of the current awards regulation prescribes the policy for
award of the AGCM.  It states, in pertinent part, that the normal
qualifying period is
3 years.  However, for the first award only, a period of more than 1 year
is a qualifying period if the award is given a the termination of a period
of active Federal service.  While there is no automatic entitlement to the
AGCM, disqualification must be justified.  The qualifying criteria for the
AGCM, outlined in the regulation in effect at the time of the applicant’s
separation, stipulated that a member must receive all “Excellent” conduct
and efficiency ratings to qualify for the AGCM.

12.  Chapter 8 of the awards regulation states, in pertinent part, that the
Army Aviator Badge is awarded to individuals who have satisfactorily
completed the prescribed training and proficiency tests and must have been
designated as an aviator in orders.

13.  Army Regulation 600-8-22 provides, in pertinent part, that the Air
Medal is awarded in time of war for heroism and for meritorious achievement
or service while participating in aerial flight.  This award is primarily
intended for personnel on flying status, but may also be awarded to those
personnel whose combat duties require them to fly, for example personnel in
the attack elements of units involved in air-land assaults against an armed
enemy.  As with all personal decorations, formal recommendations, approval
through the chain of command, and announcement in orders are required.

14.  Army Regulation 600-8-22 provides, in pertinent part, that Arabic
numerals are now used instead of oak leaf clusters for the second and
succeeding awards of the Air Medal.  The numeral 2 denotes the second award
of the Air Medal.

15.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register) establishes the eligibility of individual members for campaign
participation credit, assault landing credit, and unit citation badges
awarded during the Vietnam Conflict.  It confirms that during his tenure of
assignment with the 228th Aviation Battalion, was awarded the RVN Valorous
Unit Award, the Vietnam Civil Actions Honor Medal, and the RVN Gallantry
Cross with Palm Unit Citation.



16.  Army Pamphlet 672-1 also shows the applicant’s unit was awarded the
Presidential Unit Citation for the period 23 October to 26 November 1965
and the Meritorious Unit Citation for the periods (September 1965 to
November 1966 and 1 April to 30 November 1967).  However, the applicant was
not in the Vietnam and assigned to the unit during this time-frame.

17.  Army Regulation 670-1, Army Regulation 670-1 prescribes the
authorization for wear of uniforms and prescribes the awards, insignia and
accouterments authorized for wear on the uniform.  In pertinent part, it
states that one overseas service bar is authorized for each period of 6
months active Federal service as a member of a U. S. Service in Vietnam
from 1 July 1958 to 28 March 1973.
Both the month of arrival and the month of departure from Vietnam are
counted as a whole months for credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant claims he is entitled additional awards for his service
in Vietnam which include the Presidential Unit Citation and the Meritorious
Unit Citation.  However, the applicant was not assigned to the unit during
the time these awards were authorized.  Therefore, there is no basis for
correcting his records to show these awards.

2.  The applicant was not an Army aviator and did not meet the requirements
for the Army Aviation Badge.  Therefore, there is no basis for correcting
his records to show this award.

3.  The evidence of record shows the applicant was awarded the Air Medal.
However, there is no evidence he was awarded the Air Medal with 9 Oak Leaf
Clusters.  Therefore, there is insufficient evidence upon which to base
awarding the Air Medal with Numeral 9.

4.  Lacking any derogatory information on file that would disqualify him
from receiving the AGCM, or a specific disqualification from any of the
active duty unit commanders for which he served, the Board finds the
applicant is entitled to the first award of the AGCM based on his
qualifying period of honorable active duty service from 13 January 1969
through 6 January 1972.

5.  The applicant’s DD Form 214 shows he was awarded the Vietnam Campaign
Medal with 1960 Device.  Therefore, no action is required.



6.  Records show that the applicant participated in four campaigns during
his service in Vietnam.  Therefore, he is entitled to four bronze service
stars to be affixed to his Vietnam Service Medal.

7.  The applicant also is entitled to the Valorous Unit Commendation, RVN
Civil Actions Honor Medal First Class Unit Citation, and RVN Gallantry
Cross Unit Citation with Palm based on his service in Vietnam.  Therefore,
his records should be corrected to add these awards to his records.

8.  The applicant's DD Form 214 should have read that he was awarded
3 Overseas Service Bars.  He served in Vietnam for 18 months and is
eligible for one overseas service bar for each 6-month period.
Accordingly, his records should be corrected to show these awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__SLP   _  __RLD __  __JRM __  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that the DD Form 214 of the
individual concerned be corrected by:

      a.   awarding him the Army Good Conduct Medal for the period
13 January 1969 through 6 January 1972; and

      b.  amending his DD Form 214 to add the Good Conduct Medal, the
Valorous Unit Citation, the Republic of Vietnam Civil Actions Honor
Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, 3
Overseas Service Bars, and four bronze service stars to be worn on his
Vietnam Service Medal.




2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
award of the Presidential Unit Citation, the Meritorious Unit Citation, 5
Overseas Service Bars, and the Air Medal with 9 Oak Leaf Clusters.









                                  _____Shirley L. Powell______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040010692                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050913                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(NC, GRANT , DENY, GRANT PLUS)          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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