RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        11 August 2005
      DOCKET NUMBER:  AR20050000416


      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. Michael J. Fowler             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Ms. Deborah Jacobs                |     |Member               |
|     |Mr. Michael J. Flynn              |     |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 correction of his records to show awards of the
Bronze Star Medal, the Air Medal, and the Combat Infantryman Badge.

2.  The applicant states, in effect, that he did not discover the error on
his discharge document until now because he just did his job and left the
war back in Vietnam.

3.   The applicant provides copies of a DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge); a Citation for the Bronze
Star Medal; a Citation for the Air Medal, and an Air Medal Certificate,
dated 31 May 1972.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on 8 July 1972.  The application submitted in this case is dated 6 November
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 requested correction of his records to show award of the
Bronze Star Medal.  There are no orders or other evidence authorizing award
of this decoration to the applicant.  In the absence of a proper award
authority for this decoration, the applicant may request award of the
Bronze Start Medal under the provisions of Section 1130, Title 10, United
States Code.  He has been notified by separate correspondence of the
procedures for applying for the decoration under section 1130 and, as a
result, it will not be discussed further in this record of Proceedings.

4.  The applicant was inducted on 3 December 1970 and successfully
completed basic training and advanced individual training (AIT).  He was
awarded military occupational specialty (MOS) 67V (CH-47 Helicopter
Repairman).

5.  The applicant arrived in Vietnam and he was assigned to A Company,
228th Aviation Battalion on or about 10 July 1971.  He was reassigned to
the 203rd Aviation Company on or about 5 October 1971.  He was reassigned
to Headquarters and Headquarters Company, 17th Aviation Group on or about
10 April 1972.  He was attached to the Air Force Advisory Team II on or
about 1 May 1972.

6.  Records show that the applicant performed all his assigned duties as a
helicopter repairman.  He departed Vietnam on or about 7 July 1972 after
being credited with participating in three campaigns.  He was honorably
released from active duty on 8 July 1972 after completing 1 year, 7 months,
and 6 days of creditable active service.

7.  The applicant's DD Form 214 shows he was awarded the National Defense
Service Medal, the Vietnam Campaign Medal, and the Vietnam Service Medal.

8.  There are no orders in the applicant's service personnel records
awarding him the Combat Infantryman Badge.

9.  Headquarters, 1st Aviation Brigade General Orders Number 1577, dated
31 May 1972 show that the applicant was awarded the Air Medal for
meritorious achievement while participating in aerial flight.

10.  There is no evidence the applicant received the first award of the
Army Good Conduct Medal.  His records do not contain any adverse
information and his DA Form 20 (Enlisted Qualification Record) shows his
conduct and efficiency ratings as "excellent" throughout his period of
service.

11.  Department of the Army General Orders Number 8, 1974, announced award
of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to
Headquarters, U. S. Military Assistance Command and its subordinate units
during the period 8 February 1962 to 28 March 1973 and to Headquarters,
   U. S. Army Vietnam and its subordinate units during the period 20 July
1965 to 28 March 1973.

12.  Army Regulation 672-5-1 (Military Awards), in effect at the time,
provided policy and criteria concerning individual military decorations.
It stated that the Army Good Conduct Medal was awarded for each 3 years of
continuous enlisted active Federal military service completed on or after
27 August 1940 and, for the first award only, upon termination of service
on or after 27 June 1950 of less than 3 years but more than 1 year.  At the
time, a Soldier's conduct and efficiency ratings must have been rated as
"excellent" for the entire period of qualifying service.



13.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, for award of the Aircraft Crew Member Badge.  The Aircraft Crew
Member Badge may be permanently awarded to Soldiers upon successful
completion of formal AIT in career management field (CMF) 67 MOSs.

14.  Army Regulation 600-8-22 provides, in pertinent part, for award of a
bronze service star, based on qualifying service, for each campaign listed
in Appendix B of this regulation and states that authorized bronze service
stars will be worn on the appropriate service medal.

15.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat
Infantryman Badge is awarded to infantry officers and to enlisted and
warrant officer persons who have an infantry MOS.  There are basically
three requirements for award of the Combat Infantryman Badge.  The Soldier
must be an infantryman satisfactorily performing infantry duties, must be
assigned to an infantry unit during such time as the unit is engaged in
active ground combat, and must actively participate in such ground combat.
Campaign or battle credit alone is not sufficient for award of the Combat
Infantryman Badge.  The 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 only to enlisted individuals who held
and served in MOS 11B, 11C, 11F, 11G, or 11H.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence of record does not show that the applicant was
eligible for award of the Combat Infantryman Badge.  The applicant did not
perform infantryman duties and was not assigned to an infantry unit in
Vietnam.  The evidence of record shows the applicant performed duties in
his primary MOS 67V Helicopter Repairman his entire time in Vietnam which
makes him ineligible for award of the Combat Infantryman Badge.

2.  It appears the applicant has met the regulatory requirements for award
of the Army Good Conduct Medal for a qualifying period from 3 December 1970
through 8 July 1972.

3.  Records show that the applicant was awarded the Air Medal while
assigned to the 1st Aviation Brigade.  He is also eligible for award of the
Aircraft Crew Member Badge.  His DD Form 214 should be amended to add these
awards.





4.  The evidence of record confirms that the applicant served in Vietnam.
Therefore, he is eligible for award of the Republic of Vietnam Gallantry
Cross with Palm Unit Citation.  His participation in three campaigns
entitles him to three bronze service stars to be worn on his Vietnam
Service Medal.  His DD Form 214 should be amended to add these awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__ JS ___  __ DJ ___  __ MJF _  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:

      a.  awarding him the Army Good Conduct Medal (1st Award) for the
period 3 December 1970 through 8 July 1972; and

      b.  amending his DD Form 214 to show award of the Air Medal, the Army
Good Conduct Medal, the Aircraft Crew Member Badge, the Republic of Vietnam
Gallantry Cross with Palm Unit Citation and three 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
the Combat Infantryman Badge.




                            _____Mr. John Slone ____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050000416                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |11 August 2005                          |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]