RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 September 2005
      DOCKET NUMBER:  AR20040011223


      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. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Larry J. Olson                |     |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 award of the Combat Infantryman Badge, the
Republic of Vietnam Gallantry Cross with Palm, and the Republic of Vietnam
Civil Actions Honor Medal First Class.

2.  The applicant states, in effect, that his discharge document should be
corrected because he earned these awards while serving in Vietnam.

3.  The applicant provides his DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge), two certificates of appreciation,
and a self-authored statement, in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
4 June 1970.  The application submitted in this case is dated 6 December
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 military service record shows that he was inducted into
the U.S. Army on 16 October 1968.  Upon completion of basic combat training
and advanced individual training, the applicant was awarded military
occupational specialty (MOS) 67G (Aircraft Mechanic and Repairman).

4.  The applicant's military service record shows that he was assigned to
the U.S. Army Vietnam Flight Detachment, from 7 June 1969 through 29
November 1969. Records show that he was subsequently assigned to the
Command Aircraft Company, 165th Aviation Group, 1st Aviation Brigade in
Vietnam, from
30 November 1969 through 1 June 1970.  He was honorably separated from the
U.S. Army on 4 June 1970 after serving on active duty for a total of 1
year, 7 months, and 19 days.


5.  The applicant's DD Form 214, issued at the time of his separation,
shows in Item 13 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), that he was awarded the National
Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, and
Aircraft Crew Member Badge.

6.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 31
(Foreign Service), shows that he served in the Republic of Vietnam from 4
June 1969 through 3 June 1970.  Item 39 (Campaigns) of this document shows
that he participated in the TET Counteroffensive Campaign and the 11th
Campaign
(i.e., Vietnam Summer-Fall 1969 Campaign).

7.  There are no orders in the applicant’s service personnel records which
show that he was awarded the Combat Infantryman Badge.  There is no
evidence in his records that he was trained in and awarded an infantry MOS.
 The applicant's DA Form 20 does not show an entry for MOS Series 11 in
Item 27 (Military Education) or in Item 22 (Military Occupational
Specialties).  In addition, Item 38 (Record of Assignments) shows the
applicant's Duty MOS and Principal Duties while serving in Vietnam as MOS
67G2O, Airplane Mechanic and Crew Chief.

8.  The applicant provides his DD Form 214, two certificates of
appreciation, and a self-authored statement in support of his application.
In this statement the applicant relates information that he has obtained
from other Vietnam veterans.

9.  A review of the applicant's record reveals that he may be entitled to
additional awards that are not shown on his DD Form 214.

10.  The applicant's record contains a copy of Headquarters, 1st Aviation
Brigade [Vietnam], General Orders Number 2700, dated 25 April 1970, which
shows that he was awarded the Army Commendation Medal for meritorious
service in connection with military operations against a hostile force,
from June 1969 to May 1970.

11.  There is no evidence the applicant received the first award of the
Good Conduct Medal.  There also is no evidence the applicant was
disqualified by his chain of command from receiving the Good Conduct Medal.
 His records do not contain any adverse information and he received conduct
and efficiency ratings of “excellent” throughout his service.



12.  The applicant's records contain a copy of Headquarters, U.S. Army
Transportation School, Fort Eustis, Virginia, Special Orders Number 97,
dated
15 May 1969, which shows that he was awarded the Marksmanship Badge with (M-
16) Rifle Bar, effective 13 May 1969.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in Vietnam.  This document shows that, at the time of the
applicant's assignment to U.S. Army Vietnam Flight Detachment, the unit was
cited for award of the Meritorious Unit Commendation by Headquarters,
Department of the Army, General Orders Number 51, 1971.

14.  Department of the Army Pamphlet 672-3 also shows that, at the time of
the applicant's assignment to the U.S. Army Vietnam Flight Detachment, the
unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit
Citation by Headquarters, Department of the Army, General Orders Number 8,
1974.

15.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that
the applicant participated in four campaigns during his service in Vietnam.
 This document shows that the applicant participated in the following
campaigns:
TET 69 Counteroffensive, Vietnam Summer-Fall 1969, Vietnam Winter-Spring
1970, and DA Sanctuary Counteroffensive.

16.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat
Infantryman Badge is awarded to infantry officers, warrant officers, and
enlisted Soldiers who have an infantry MOS.  They must have served in
active ground combat while assigned or attached to an infantry unit of
brigade, regimental or smaller size.  The Military Awards Branch of the
U.S. Army Human Resources Command has advised in similar cases that, during
the Vietnam era, the Combat Infantryman Badge was awarded to enlisted
Soldiers only if they held and served in MOS 11B, 11C, 11F, 11G, or 11H.
17.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations)
specifically governed award of the Combat Infantryman Badge to Army forces
operating in South Vietnam.  This regulation specifically stated that
criteria for award of the Combat Infantryman Badge identified the man who
trained, lived, and fought as an infantryman.  The Combat Infantryman Badge
is the unique award established to recognize the infantryman, and only the
infantryman, for his service.  It stated that, “the Combat Infantryman
Badge is not an award for being shot at or for undergoing the hazards of
day to day combat”.  This regulation also stated the Combat Infantryman
Badge was authorized for award to infantry officers, warrant officers, and
enlisted Soldiers who have an infantry MOS and required that they must have
served in active ground combat while assigned or attached to an infantry
unit of brigade, regimental or smaller size.

18.  Army Regulation 600-8-22 provides, in pertinent part,  that the Army
Commendation Medal may be awarded to any member of the Armed Forces of the
United States who, while serving in any capacity with the Army after
6 December 1941, distinguished himself or herself by heroism, meritorious
achievement, or meritorious service.  As with all personal decorations,
formal recommendations, approval through the chain of command, and
announcement in orders are required.

19.  Army Regulation 600-8-22 provides, in pertinent part, that the Good
Conduct Medal is awarded to individuals who distinguish themselves by their
exemplary conduct, efficiency, and fidelity during a qualifying period of
active duty enlisted service.  After 27 June 1950 to the present time, the
current standard for award of the Good Conduct Medal is 3 years of
qualifying service, but as little as one year is required for the first
award in those cases when the period of service ends with the termination
of Federal military service.  Although there is no automatic entitlement to
the Good Conduct Medal, disqualification must be justified.

20.  Army Regulation 600-8-22 provides, in pertinent part, that effective
1 March 1961 the Meritorious Unit Commendation was authorized for units
and/or detachments of the Armed Forces of the United States for
exceptionally meritorious conduct in the performance of outstanding
services for at least six continuous months in support of military
operations.

21.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and
Decorations) provided for the processing of foreign awards and decorations
presented to individuals and units.  It states, in pertinent part, that the
Republic of Vietnam Gallantry Cross Unit Citation was awarded in four
degrees:  with Palm, with Gold Star, with Silver Star, and with Bronze
Star.
22.  Army Regulation 600-8-22 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.  A service star is worn on the
Vietnam Service Medal to denote an additional award for participation in a
campaign.

23.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time,
governs the requirements for the Overseas Service Bar.  In pertinent part,
it provides that a bar is authorized for wear for each period of active
Federal service as a member of the U.S. Army outside of the continental
limits of the United States for the specific time frames and areas of
operation cited in Army Regulation 670-1, or appropriate Department of the
Army message.  For Vietnam service, 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 whole months for credit toward the Overseas Service
Bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Combat
Infantryman Badge, the Republic of Vietnam Gallantry Cross with Palm, and
the Republic of Vietnam Civil Actions Honor Medal First Class.

2.  The applicant contends, in effect, that he served in Vietnam as a Crew
Member and Crew Chief and frequently flew missions into combat areas.
Consequently, he contends that he should be awarded the Combat Infantryman
Badge, along with the two unit awards.  However, the documents he provides
are insufficient evidence to support award of the Combat Infantryman Badge
or the Republic of Vietnam Civil Actions Honor Medal First Class.

3.  There are no orders or evidence of records which shows the applicant
held an infantry MOS or was awarded the Combat Infantryman Badge.
Therefore, there is insufficient evidence upon which to base award of the
Combat Infantryman Badge in this case.

4.  Department of the Army Pamphlet 672-3 fails to show award of the
Republic of Vietnam Civil Actions Honor Medal First Class to the
applicant's unit during his assignment in Vietnam.  Therefore, he is not
entitled to this unit award.

5.  General Orders awarded the applicant the Army Commendation Medal.
Therefore, it would be appropriate to correct his records to show this
award.

6.  The applicant is entitled to the first award of the Good Conduct Medal
for the period 16 October 1968 through 4 June 1970 based on completion of a
period of qualifying service ending with the termination of a period of
Federal military service.  Therefore, he is entitled to correction of his
records to show this award.

7.  Special Orders awarded the applicant the Marksmanship Qualification
Badge with Rifle Bar.  Therefore, it would be appropriate to correct his
records to show this badge.

8.  General Orders awarded the applicant's unit the Meritorious Unit
Commendation.  Therefore, it would be appropriate to correct his records to
show this unit award.

9.  General Orders awarded the applicant's unit the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.  Therefore, it would be
appropriate to correct his records to show this foreign unit award.

10.  Records show that the applicant served in four campaigns in Vietnam.
Therefore, he is entitled to correction of his records to show award of
four bronze service stars to be affixed to his Vietnam Service Medal.

11.  Records show that the applicant served a total of 12 months in
Vietnam.  Therefore, he is entitled to correction of his records to show
award of two Overseas Service Bars.

12.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 4 June 1970; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
3 June 1973.  The applicant did not file within the 3-year statute of
limitations and has not provided a compelling explanation or evidence to
show that it would be in the interest of justice to excuse failure to
timely file in this case.  Although the applicant did not file within the
ABCMR's statute of limitations, it is appropriate to waive failure to
timely file for award of the Good Conduct Medal.






BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___JTM_   __WDP_   __LJO__    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 all Department of the Army
records of the individual concerned be corrected by showing award of the
Army Commendation Medal, the Good Conduct Medal, the Meritorious Unit
Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit
Citation, the Vietnam Service Medal with four bronze service stars, the
Marksman Qualification Badge with Rifle Bar, and two Overseas Service Bars.

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
the Combat Infantryman Badge and the Republic of Vietnam Civil Actions
Honor Medal First Class Unit Citation.




                            _____John T. Meixell________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040011223                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050908                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19700604                                |
|DISCHARGE AUTHORITY     |AR 635-200, Chapter 5                   |
|DISCHARGE REASON        |Early Separation of Overseas Returnee   |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0111.0000                           |
|2.                      |107.0094.0000                           |
|3.                      |107.0095.0000                           |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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