RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 September 2005
      DOCKET NUMBER:  AR20050000985


      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. Shirley L. Powell             |     |Chairperson          |
|     |Mr. Robert Duecaster              |     |Member               |
|     |Ms. Jeanette McCants              |     |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,
the National Defense Service Medal, and the Republic of Vietnam Campaign
Medal.

2.  The applicant states, in effect, that he was a crew chief on a CH-47
Chinook Helicopter and was collecting flight pay for flying in Vietnam.

3.  The applicant provided a copy of a certificate of achievement; a copy
of a DA Form 2349, Military Pay Voucher; and a copy of his DD Form 214,
Armed Forces of the United States, Report of Transfer or Discharge; in
support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 28 October 1965.  The application submitted in this case is
dated 8 January 2005.

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 records show that he enlisted in the Regular
Army on 2 November 1962.  He completed his basic combat training at Fort
Knox, Kentucky, and his advanced individual training at Fort Rucker,
Alabama.  After completing all required training, he was awarded the
military occupational specialty (MOS), 675.10 (Single Rotor Observation
Helicopter Maintenance).

4.  The applicant was assigned to the 133rd Assault Helicopter Company,
Fort Benning, Georgia.  On 17 August 1965, the applicant was assigned to
Vietnam with his unit as part of a unit permanent change of station.  The
applicant remained with this unit until 25 October 1965 when he was
returned to the United States for release from active duty at the
expiration of his term of service.
5.  The applicant was released from active duty on 28 October 1965, under
the provisions of Army Regulation (AR) 635-200, in the rank and pay grade
of Specialist Five, E-5, with 2 years, 11 months, and 27 days, active
military service.

6.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214,
shows he was awarded the Sharpshooter Marksmanship Qualification Badge,
with Rifle Bar [M-1 Rifle] and the Expert Marksmanship Qualification Badge,
with Rifle Bar [M-14 Rifle].  No other awards are shown.

7.  The certificate of achievement the applicant provided shows that he was
recognized for his performance of duty as a crew chief on a CH-47
Helicopter for the period 14 November 1964 to 15 October 1965.

8.  The military pay voucher the applicant submitted shows he was entitled
to incentive and to other pay; however, the pay voucher does not identify
if this pay was for aviation flight duty, which the applicant alleges he
performed.

9.  There are no orders in the applicant's service record assigning him to
crewmember or non-crewmember flight status.  There is no evidence that the
applicant was awarded the aircraft crew member badge.

10.  There is no evidence that a DA Form 759, Individual Flight Record and
Flight Certificate-Army, was prepared and was being maintained for the
applicant.

11.  On 30 August 1978, the applicant was advised by the Reserve
Components Personnel Administration Center (now the Army Human Resources
Command-St. Louis) that no record had been found to show that he was
awarded the Air Medal.  The applicant was advised that if he had General
Orders awarding him this decoration, he should furnish a copy of the
orders to that center and further action would be taken.  In the absence
of a proper award authority for this decoration, the applicant may
request award of the Air Medal, under the provisions of Section 1130 of
Title 10, United States Code.  The applicant has been notified by
separate correspondence of the procedures for applying for this
decoration under Section 1130 and, as a result, award of the Air Medal
will not be discussed further in this Record of Proceedings.

12.  Item 31 (Foreign Service), of the applicant's DA Form 20, Enlisted
Qualification Record, shows that he served in Vietnam for the period from
17 August 1965 to 25 October 1965.

13.  While in Vietnam, the applicant participated in one campaign of the
Vietnam War, the Vietnam Defense Campaign, which extended from 8 March
through 24 December 1965.

14.  The applicant had "excellent" conduct and efficiency ratings
throughout his time in the Army.  There is no evidence of indiscipline or a
breach of good order while he served on active duty.  There is no record
that he was subjected to either nonjudicial punishment or to court-martial.
 There is no entry in Item 42 (Remarks), of the applicant's DA Form 20 to
indicate that he was disqualified from award of the Good Conduct Medal.

15.  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, a
subordinate unit of the United States Army Vietnam, was awarded the
Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the
period 20 July 1965 through 28 March 1973, by Department of the Army
General Order (DAGO) Number 8, dated 1974.

16.  AR 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.

17.  AR 600-8-22 provides, in pertinent part, for award of the Vietnam
Campaign Medal.  This medal was awarded by the Government of Vietnam to all
members of the Armed Forces of the United States for qualifying service in
Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying
service included assignment in Vietnam for 6 months or more.  Qualifying
service outside the geographical limits of the Republic of Vietnam required
the individual to provide direct combat support to the Republic of Vietnam
and Armed Forces.  Individuals who had qualified for award of the Vietnam
Service Medal or the Armed Forces Expeditionary Medal and were evacuated
prior to completing six months of service due to wounds resulting from
hostile action were entitled to award of the Vietnam Campaign Medal.

18.  AR 672-5-1, in effect at the time of the applicant's separation
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.  Although there is no automatic entitlement to the Good
Conduct Medal, disqualification must be justified.  To be eligible for
award of the Good Conduct Medal, soldiers must meet all of the following
criteria:  all conduct (character) and efficiency ratings must be recorded
as "Excellent" except that ratings of "Unknown" for portions of the period
under consideration are not disqualifying.  Service school efficiency
ratings based upon academic proficiency of at least "Good" rendered
subsequent to 22 November 1955 are not disqualifying.

19.  AR 600-8-22 provides, in pertinent part, that the National Defense
Service Medal is awarded for honorable active service for any period
between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August
1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a
date to be determined.

DISCUSSION AND CONCLUSIONS:

1.  The applicant consistently had "Excellent" conduct and efficiency
ratings throughout his active duty service.  He attained the rank and pay
grade of Specialist Five, E-5, and deployed to Vietnam with his unit and,
had his enlistment not ended, it is logical to assume that the service for
which he was recognized in the certificate of achievement he provided would
have continued.  Based on this excellent record of service, he is eligible
for award of the Good Conduct Medal for the period 2 November 1962 through
28 October 1965 and to have it added to his DD Form 214.

2.  The applicant served honorably on active duty during one of the
qualifying periods for award of the National Defense Service Medal.  He is
therefore eligible to receive this award and to have it added to his DD
Form 214.

3.  The applicant served in Vietnam during the qualifying period, for in
excess of one day, for award of the Vietnam Service Medal.  He is therefore
eligible for award of the Vietnam Service Medal, with one bronze service
star, to denote his campaign participation credit.

4.  The applicant's service in Vietnam extended from 17 August 1965
through 25 October 1965, a period of less than 6 months.  The applicant
was returned to the
United States for the purpose of his release from active duty from the
Army.  The applicant was not medically evacuated from Vietnam prior to
completing six months of service due to wounds resulting from hostile
action and therefore he is not entitled to award of the Republic of Vietnam
Campaign Medal and to have it added to his DD Form 214.

5.  The applicant served in a unit subordinate to the United States Army,
Vietnam, which was cited for award of the Republic of Vietnam Gallantry
Cross, with Palm, Unit Citation.  He is therefore entitled to this unit
award and to have it added to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___slp__  ___rd___  ___jm__  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 the applicant the Good Conduct Medal for the period
2 November 1962 through 28 October 1965 and adding this award to his
DD Form 214;

      b.  awarding the applicant the Vietnam Service Medal, with one bronze
service star, to denote his participation in one campaign while he served
in Vietnam, and adding this award to his DD Form 214; and


      c.  awarding the applicant the Republic of Vietnam Gallantry Cross,
with Palm, Unit Citation, and the Republic of Vietnam Civil Actions Honor
Medal, First Class, Unit Citation, and adding these unit awards to his DD
Form 214.
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
award of the Republic of Vietnam Campaign Medal to the applicant and its
addition to his DD Form 214.



                                  Shirley L. Powell
                            ______________________
                                      CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20050000985                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050913                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT IN PART                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.46     |107.0000                                |
|2.64                    |107.0018                                |
|3.115                   |107.0069                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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