RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        27 SEPTEMBER 2005
      DOCKET NUMBER:  AR20050000001


      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. Kenneth H. Aucock             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Ronald Blakely                |     |Chairperson          |
|     |Mr. Lawrence Foster               |     |Member               |
|     |Ms. LaVerne Douglas               |     |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 that his record be corrected to show award of
the Air Medal with “V” device; and in effect, two silver oak leaf clusters
and two bronze oak leaf clusters to the Air Medal, e.g., 12 additional
awards of that medal.

2.  The applicant states that the medals were awarded but not documented in
his records.

3.  The applicant provides a copy of a citation showing award of the Air
Medal, a copy of pages from his enlisted qualification record, a copy of an
individual flight record, and a copy of a letter of commendation.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 10 July 1970.  The application submitted in this case is
dated         18 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 was inducted into the Army on 5 July 1967, discharged
after      7 days of service, and enlisted in the Army for 3 years on 12
July 1967.  The applicant trained as a helicopter mechanic and in February
1968 was assigned to the 205th Assault Helicopter Company in Vietnam.  He
was promoted to pay grade E-5 on 12 December 1968.

4.  Orders published by Headquarters, 1st Aviation Brigade on 13 February
1969 show that the applicant was awarded the Air Medal with “V” device for
heroism while engaged in aerial flight in connection with military
operations against a hostile force on 25 September 1968.  On 19 February
1969 that same headquarters awarded the applicant the Air Medal (first oak
leaf cluster) for meritorious achievement for the period 1 June 1968 to 13
June 1968.

5.  The applicant completed his tour in Vietnam in February 1969, returned
to the United States and was assigned to Fort Eustis, Virginia.  He
participated in four campaigns, and the 205th Assault Helicopter Company
was awarded the Republic of Vietnam Gallantry Cross with Palm for its
actions while he was assigned to that unit.

6.  The applicant’s enlisted qualification record shows that his conduct
and efficiency were excellent throughout his military service.  He was
released from active duty at Fort Eustis in pay grade E-5 on 10 July 1970.
His DD Form 214 (Report of Transfer or Discharge) does not show any awards
of the Air Medal.  It does show award of the Vietnam Service Medal but in
so doing does not reflect the number of campaigns in which he participated.

7.  The individual flight record that the applicant submits with his
request has no identifying information, is not authenticated by the
operations officer, and contains questionable entries; for instance, all of
the entries showing a flight mission on a particular day reflect an
inordinate amount of multiple landings –    20, 30, and even 40 or more for
one flight.

8.  The Awards Branch, Human Resources Command indicated that the applicant
was awarded the Air Medals as indicated above, but there was no evidence of
any other awards of that decoration.

9.  Service (campaign) medals and service ribbons denote honorable
performance of military duty within specified limited dates in specified
geographical areas.  Army Regulation 600-8-22, paragraph 6-7 provides for
service stars for wear on campaign and service ribbons to denote an
additional award, and states that service stars are authorized for wear on
the Vietnam Service Medal.  A silver service star is worn instead of five
bronze service stars.

10.  Army Regulation 600-8-22 provides that the Good Conduct Medal is
awarded to individuals who distinguish themselves by their conduct,
efficiency and fidelity during a qualifying period of active duty enlisted
service.  This period is 3 years except in those cases when the period for
the first award ends with the termination of a period of Federal military
service.

11.  Oak leaf clusters denote award of second and succeeding awards of
decorations (other than the Air Medal).  A silver oak leaf cluster is worn
instead of five bronze oak leaf clusters.  The practice of awarding oak
leaf clusters to the Air Medal, however, was discontinued.  Instead, Arabic
numerals are issued to denote award of second and succeeding awards of the
Air Medal.  The ribbon denotes the first award and numerals starting with
the numeral 2 denote the number of additional awards.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Air Medal with “V” device for heroism and
the Air Medal for meritorious achievement.  Those awards should be
reflected on his DD Form 214.

2.   The applicant participated in four campaigns during his tour of duty
in Vietnam.  He is entitled to award of the Vietnam Service Medal with four
bronze service stars.

3.  The applicant is entitled to award of the Republic of Vietnam Gallantry
Cross Unit Citation with Palm.

4.  The applicant served his country faithfully and honorably.  He is
entitled to award of the Army Good Conduct Medal.

5.  There is no evidence to show that the applicant is entitled to
additional awards of the Air Medal, notwithstanding the copy of the flight
record that he submits with his request.  Therefore, his request for awards
of the Air Medal, other than as indicated above, is not granted.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__RB ___  ___LF___  __LD ___  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
Air Medal with “V” device, the Air Medal for meritorious achievement, the
Vietnam Service Medal with four bronze service stars, the Republic of
Vietnam Gallantry Cross Unit Citation with Palm, and the Army Good Conduct
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
additional awards of the Air Medal.




                            _____ Ronald Blakely______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050000001                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050927                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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