RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:             OCTOBER 19, 2004
      DOCKET NUMBER:     AR2004102118


      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. Luis Almodova                 |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James C. Hise                 |     |Chairperson          |
|     |Mr. Benard P. Ingold              |     |Member               |
|     |Ms. Yolanda Maldonado             |     |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 Air Medal be added to his
DD Form 214, Armed Forces of the United States, Report of Transfer or
Discharge.  The applicant adds that this Air Medal is for 25 combat
missions and that he is missing two additional awards of the Air Medal
since he flew a total of 86 missions.

2.  The applicant states, in effect, with the documents he submits, it is
very obvious that the Air Medal was awarded; however, flight logs can only
provide proof of the additional Air Medals.  During the period, door
gunners did not keep logs; pilots did.  He did not find this error earlier
because he never looked at his records closely.

3.  The applicant provides an addendum to his DD Form 149, Application for
Correction of Military Record, on which he lists the documents he submits
in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records show that he enlisted for 3 years in
the Regular Army on 13 July 1962.  He completed his basic combat training
at Fort Dix, New Jersey.  The applicant volunteered for and attended the
Basic Airborne Course at Fort Benning, Georgia, before being assigned to
his advanced individual training at Fort Rucker, Alabama.  After completing
all required training, he was awarded the military occupational specialty
(MOS), 427.10 (Aircraft Armament Repairman).

2.  The applicant remained assigned to Fort Rucker, Alabama, as a first
duty station.  On 12 July 1965, the applicant was honorably discharged at
the expiration of his term of service and, on 13 July 1965, he reenlisted
in the Regular Army for 3 years.

3.  The applicant was assigned to the 175th Aviation Company, Fort Benning,
Georgia, on 25 December 1965.  On 16 March 1966, the applicant was
reassigned to Vietnam with his unit.  On 5 May 1966, the applicant was
reassigned to Company A, 25th Aviation Battalion, 25th Infantry Division,
and on 26 July 1966, he was further assigned to Company B, in the same
battalion.  He remained in this unit until 28 February 1967 when he was
returned to the United States with an initial assignment initially at Fort
Benning, Georgia, and later at Auburn University.

4.  The applicant was honorably released from active duty on 12 July 1968,
under the provisions of Army Regulation (AR) 635-200, at the expiration of
his term of service, in the rank and pay grade of Specialist Five, E-5,
with 6 year total active military service.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of his DD Form 214, shows he was
awarded: the National Defense Service Medal; the Vietnam Service Medal,
with 2 bronze service stars; the Republic of Vietnam Campaign Medal, with
Device 1960; one overseas service bar; the Aircraft Crewman Badge; the Good
Conduct Medal; and the Sharpshooter Marksmanship Qualification Badge, with
Rifle Bar (M-14 Rifle).  The Air Medal and additional awards of the Air
Medal, in effect, the Air Medal, with oak leaf cluster(s), are not shown
among his authorized awards.

6.  The applicant provided a copy of a General Orders Number 1210, an
awards certificate, and a copy of the citation prepared by Headquarters,
25th Infantry Division, dated 12 October 1966, which awards him the Air
Medal, for meritorious achievement, while participating in aerial flight,
during the period from 11 May 1966 to 7 June 1966.

7.  There are no additional orders in the applicant's service personnel
records to show that he was awarded additional awards of the Air Medal.

8.  A search of the general orders consolidation maintained by the Awards
Branch, Human Resources Command, was made for such orders; however, this
search failed to reveal that such orders were published.  There is no entry
in Item 41 (Awards and Decorations), of the applicant's DA Form 20, showing
that he was awarded additional Air Medals.

9.  The applicant’s request for additional awards of the Air Medal, in
effect, the Air Medal, with oak leaf cluster(s), is outside the statute of
limitations on approval of award recommendations for actions during the
Vietnam War.  However, the applicant’s request for this award can be
considered under the provisions of Title 10, United States Code, Section
1130, which governs consideration of awards not submitted within time
limits established by law.  The applicant must exhaust this remedy before
the ABCMR will consider this portion of his request and he has been so
notified by separate correspondence.  Therefore, consideration
of additional awards of the Air Medal, in effect, the Air Medal, with oak
leaf cluster(s), to the applicant will not be discussed further in this
Record of Proceedings.

10.  DA Pamphlet 672-3, Unit Citation and Campaign Participation Credit
Register, dated 29 January 1988, which lists unit awards received by units
serving in Vietnam, shows that the unit the applicant was assigned to, the
175th Aviation Company, was awarded the Republic of Vietnam Gallantry
Cross, with Palm, Unit Citation, for the period 1 March 1966 through 26
March 1967, by Department of the Army General Order (DAGO) Number 22, dated
1968, while the applicant was a member of the unit.  This unit award is not
shown on his DD Form 214.

11.  DA Pamphlet 672-3, shows that the 25th Aviation Battalion, 25th
Infantry, was awarded the Valorous Unit Award for action on 19 July 1966,
by Department of the Army General Orders (DAGO) Number 17, dated 1968; the
Meritorious Unit Commendation, for the period 2 April through 31 December
1966, by DAGO 43, dated 1969; the Republic of Vietnam Gallantry Cross, with
Palm, Unit Citation, for the period March 1966 through August 1968, by DAGO
48, dated 1971; and the Republic of Vietnam Civil Actions Honor Medal,
First Class, Unit Citation, for the period 31 March 1966 through 21 January
1970, by DAGO 51, dated 1971, while the applicant was a member of the unit.
 These unit awards are not shown on his DD Form 214.

12.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S.
and foreign unit awards.  This regulation states that a soldier may wear
the unit award permanently if the individual was assigned to, and present
for duty with the unit any time during the period cited; or was attached by
competent orders to, and present for duty with the unit during the entire
period, or for at least thirty consecutive days of the period cited.

13.  Paragraph 5, DA Pamphlet 672-3, provides that individuals will not
wear more than one Republic of Vietnam Gallantry Cross, with Palm, Unit
Citation.  This precludes wear of the Vietnamese Fourragere, which
represents additional unit awards of the Republic of Vietnam Gallantry
Cross.  Although wear of multiple awards of the unit citation is not
authorized, official military personnel and historical records will
indicate all awards received.  In those instances, however, where a single
unit receives duplicate Vietnamese unit awards during the same period, only
one unit citation will be recorded in the official military personnel and
historical records.

14.  The other orders, which assign the applicant to non-crewmember flight
status, and later are amended to assign him to crewmember flight status,
that were provided by the applicant, have been noted but have limited
bearing on the addition of additional awards of the Air Medal to his DD
Form 214.
DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Air Medal, for meritorious achievement,
while participating in aerial flight, during the period from 11 May 1966 to
7 June 1966.  This award is not shown on his DD Form 214.  He is therefore
eligible to have this award added to his DD Form 214.

2.  The applicant served in units which were awarded the following unit
awards while he was a member of the unit:  the Republic of Vietnam
Gallantry Cross, with Palm, Unit Citation; the Republic of Vietnam Civil
Actions Honor Medal, First Class, Unit Citation; the Valorous Unit Award;
and the Meritorious Unit Commendation.  He is entitled to these unit awards
and to have them added to his DD Form 214.

BOARD VOTE:

jch _____  bpi_____  ym______  GRANT 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:  adding the already-awarded Air
Medal, to the applicant's DD Form 214; and awarding the applicant the
Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; the Republic
of Vietnam Civil Actions Honor Medal, First Class, Unit Citation; the
Valorous Unit Award; and the Meritorious Unit Commendation; and adding
these unit awards to his DD Form 214.





            ____James C. Hise____
                    CHAIRPERSON


                                    INDEX

|CASE ID                 |AR2004102118                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041019                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.  64                  |107.0018                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |



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