RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         JANUARY 11, 2005
      DOCKET NUMBER:  AR2004105613


      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:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Ms. Carol A. Kornhoff             |     |Member               |
|     |Mr. John T. Meixell               |     |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 he be awarded the Air Medal.

2.  The applicant states, in effect, that he flew almost every day as a
door gunner from January 1970 to August 1970 and believes that he earned
the Air Medal from the hours that he flew.

3.  The applicant provides a copy of his DD Form 214, Armed Forces of the
United States Report of Transfer or Discharge, a copy of a DD Form 215,
Correction to DD Form 214, Certificate of Release or Discharge from Active
Duty, issued to correct his last name, and a copy of the Daily Staff
Journal for the 123rd Aviation Battalion, for 15 August 1970, in support of
his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice, which
occurred on 5 October 1970.  The application submitted in this case is
dated 29 February 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.  The applicant's military records show that he enlisted for 3 years in
the Regular Army on 29 February 1968.  He received his basic combat
training at Fort Polk, Louisiana.  He received his advanced individual
training at Fort Gordon, Georgia.  Upon completion of all required military
training, he was awarded military occupational specialty (MOS) 36C, Wire
Systems Installer.

4.  The applicant was assigned to and arrived in Vietnam on 4 July 1969.
He was assigned to Headquarter and Headquarters Company, 523rd Signal
Battalion.  On 23 February 1970, the applicant was reassigned to Company B,
123rd Aviation Battalion, for duty as a door gunner.  He remained assigned
to this company until 5 October 1970 when he was returned to the United
States for release from active duty.

5.  The applicant was honorably released from active duty on 5 October
1970, under the provision of Army Regulation (AR) 635-200, Early Release of
Overseas Returnees, in the rank and pay grade, Private First Class, E-3.
On his release from active duty, he had 2 years, 7 months, and 7 days
active military service, with no days of lost time.

6.  The applicant's DD Form 214, in Block 24 (Decorations, Medals, Badges,
Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows
that he was awarded the following awards: National Defense Service Medal;
Vietnam Service Medal; Vietnam Campaign Medal; the Expert Marksmanship
Qualification Badge, with Automatic Rifle Bar (M-16 Rifle); and the
Marksman Marksmanship Qualification Badge, Rifle Bar (M-14 Rifle).  The Air
Medal is not shown on the DD Form 214.

7.  There is no entry in Item 41 (Awards and Decorations), of the
applicant's DA Form 20, Enlisted Qualification Records, showing he was
awarded the Air Medal.

8.  A search of the general orders database maintained by the Awards
Branch, Human Resources Command, was made for orders awarding the applicant
the Air Medal; however, no orders were found.

9.  A search of the applicant's service personnel records failed to produce
a copy of a DA Form 759, Individual Flight Record And Flight Certificate-
Army, showing all the hours and various types of missions flown by the
applicant while he served as a door gunner in Vietnam.

10.  Item, 38 (Record of Assignment), of the applicant's DA Form 20, shows
that he was assigned to Company B, 123rd Aviation Battalion, on 8 July
1970, for duty as a door gunner.

11.  A DA Form 3327, Individual/Organizational Clothing and Equipment
Record, in the applicant's service personnel records show that he was
issued clothing and equipment typically worn by individuals who were
assigned to flying duties.  The equipment issued included Nomex trousers,
Nomex shirts, a flying helmet, and leather boots.

12.  The applicant's DD Form 214 shows entitlement to the Vietnam Service
Medal; however, it does not show the bronze service stars to which the
applicant is entitled for campaign participation.

13.  While in Vietnam, the applicant participated in the following four
campaigns:  the Vietnam Summer-Fall 1969, which extended from 9 June
through 31 October 1969; the Vietnam Winter-Spring 1970, which extended
from 1 November 1969 through 30 April 1970; the Sanctuary Counteroffensive,
which extended from 1 May through 30 June 1970; and the Vietnam
Counteroffensive, Phase VII, which extended from 1 July 1970 through 30
June 1971.

14.  AR 600-8-22, in pertinent part, authorizes award of a bronze service
star, based on qualifying service, for each campaign listed in its Appendix
B and states that authorized bronze service stars will be worn on the
appropriate service medal, in this case, the Vietnam Service Medal.

15.  Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign
Participation Credit Register, dated 29 January 1988, lists unit awards
received by units serving in Vietnam.  This document shows the 523rd Signal
Battalion was awarded the Republic of Vietnam Gallantry Cross, with Palm,
Unit Citation, for the period 24 August 31 December 1969, by Department of
the Army General Order (DAGO) 42, dated 1972.

16.  DA Pamphlet 672-3 also show that the 123rd Aviation Battalion was
awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation,
for the period 31 March through 30 June 1970, by DAGO 42, dated 1972.

17.  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 30 consecutive days of the period cited.
Individuals may not wear more than one Republic of Vietnam Gallantry Cross
Unit Citation and one Republic of Vietnam Civil Actions Honor Medal Unit
Citation; this precludes wear of the Vietnamese fourrageres, which
represent additional unit awards.

18.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards)
provided, in pertinent part, guidelines for award of the Air Medal.  It
established that passenger personnel who did not participate in an air
assault were not eligible for the award based upon sustained operations.
It defined terms and provided guidelines for the award based upon the
number and types of missions or hours.  Twenty-five Category I missions
(air assault and equally dangerous missions) and accrual of a minimum of 25
hours of flight time while engaged in Category I missions was the standard
established for which sustained operations were deemed worthy of
recognition by an award of the Air Medal.  However, the regulation was
clear that these guidelines were considered only a departure point.
Nothing created an entitlement to the award.

DISCUSSION AND CONCLUSIONS:

1.  Given that the applicant was assigned to an aviation battalion, that
his Enlisted Qualification Record shows that he was assigned the duty title
of Door Gunner for a seven-month period, that he was issued clothing and
equipment typically issued individuals performing flying duties, and in the
absence of general orders awarding the applicant the Air Medal or evidence
to the contrary, it appears that the only reasonable conclusion that can be
reached is that the applicant was performing duties as a door gunner and
that he flew a sufficient number of missions to merit award of the Air
Medal.  The applicant is therefore entitled to award of the Air Medal and
to have it added to his DD Form 214.

2.  The applicant's DD Form 214 shows entitlement to the Vietnam Service
Medal; however, it does not show the four bronze service stars to which the
applicant is entitled for his campaign participation.  He is entitled to
award of four bronze service stars to denote his campaign participation to
be affixed to his Vietnam Service Medal, and to be shown on his separation
document.

3.  The applicant served in units that were awarded the Republic of Vietnam
Gallantry Cross, with Palm, Unit Citation, at a time the applicant was
assigned to these units.  He is therefore entitled to award of two Republic
of Vietnam Gallantry Cross, with Palm, Unit Citations, and to have them
added to his DD Form 214.

BOARD VOTE:

lds _____  cak _____  jtm______  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 the applicant the Air Medal and adding this award to his
DD Form 214;


      b.  awarding the applicant four bronze service stars to be affixed to
his already-awarded Vietnam Service Medal to denote his campaign
participation credit, to be shown on his DD Form 214 as the Vietnam Service
Medal, with four bronze service stars; and


      c.  awarding the applicant two Republic of Vietnam Gallantry Cross,
with Palm, Unit Citations, and adding these unit awards to his DD Form 214.





                            _____Linda D. Simmons___
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004105613                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050111                                |
|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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