RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           6 October 2005
      DOCKET NUMBER:  AR20050001129


      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             |
|     |Ms. Lisa O. Guion                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Curtis Greenway               |     |Chairperson          |
|     |Mr. Richard T. Dunbar             |     |Member               |
|     |Ms. Laverne V. Berry              |     |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 rank listed on his
separation document (DD Form 214) be corrected to show private first class
(PFC/E-3), and that he be awarded the Combat Infantryman Badge (CIB), Air
Medal (AM), Army Good Conduct Medal (AGCM), and Army Aviator Badge (AAB).

2.  The applicant states, in effect, that his separation document should
indicate that he was a PFC/E-3 at the time of his discharge.  He also
indicates that he feels he earned the CIB, AM, and AAB for his service in
the Republic of Vietnam (RVN), and the AGCM based on his over 2 years of
honorable service.

3.  The applicant provides a copy of United States Army Transportation
Center and Fort Eustis Special Orders (SO) Number (#) 173, dated 18 August
1970, and a copy of his honorable discharge (HD) certificate in support of
his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 2 September 1970.  The application submitted in this case
is dated 13 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 he enlisted in the Regular Army
and entered active duty 19 July 1954.  He was trained in and awarded
military occupational specialty (MOS) 111.17 (Light Weapons Infantryman).
His
Service Record (DA Form 24) shows, in Section 4 (Chronological Record of
Military Service), that he earned "Excellent" conduct and efficiency
ratings at each of his active duty assignments.  Section 9 (Medals,
Decorations, and Citations) shows he earned the National Defense Service
Medal (NDSM), Parachutist Badge, and Marksman Qualification Badge with
Rifle Bar during his tenure on active duty.

4.  On 18 July 1957, the applicant was honorably separated after having
completed 3 years active military service.  At the time, he was transferred
to the United States Army Reserve (USAR) to fulfill his Reserve obligation.
 The separation document issued at this time confirms he earned the NDSM
and Parachutist Badge during this period of active duty service.

5.  On 7 July 1967, the applicant reenlisted in the Regular Army and
reentered active duty.  At this time, he was trained in, awarded, and
served in MOS 67N (UH-1 Helicopter Repairman).  On 20 February 1968, he
completed the basic airborne course at Fort Benning, Georgia and was
awarded the primary MOS (PMOS) 67N2P.

6.  The applicant’s Enlisted Qualification Record (DA Form 20) shows, in
Item 31 (Foreign Service), that he served in the RVN from 2 September 1968
through 26 June 1969.  Item 31 (Appointments and Reductions) shows he
attained the rank of specialist four (SP4) on 18 January 1968, and that
this was the highest rank he attained while serving on active duty.  It
further shows that he was reduced to the rank of private/E-1 (PVT/E-1) for
cause on 19 April 1968.  On 3 December 1968, he was advanced back to the
rank of private/E-2 (PVT/E-2), and this was the rank he held on the date of
his separation.

7.  Item 35 (Record of Assignment) of the applicant’s DA Form 20 shows he
was assigned to Headquarters and Headquarters Company (HHC), 2nd Brigade
(Bde), 101st Airborne (Abn) Division (Div) (Aml) during his service in the
RVN.  It also shows he received "Unsatisfactory" conduct and efficiency
ratings during the period 5 March 1968 to 21 July 1968, and from 10 October
1969 to 1 September 1970.  Item 44 (Time Lost) shows he was reported absent
without leave (AWOL) from his unit six separate times, totaling 58 days of
time lost due to AWOL.

8.  The applicant’s Official Military Personnel File (OMPF) contains United
States Army Transportation Center and Ft Eustis SO #173, dated 18 August
1970.  These orders directed the applicant's discharge in the rank of PFC/E-
3.  The OMPF also contains United States Army Transportation Center and Ft
Eustis
SO # 182, dated 31 August 1970.  These orders amended SO # 173 to show the
applicant’s rank was PVT/E-2.

9.  On 2 September 1970, the applicant was honorably discharged by reason
of expiration of term of service (ETS).  The separation document (DD Form
214) he was issued at the time confirms he completed a total of 6 years
active military service.  The DD Form 214 also shows he was released from
active duty in the rank of PVT/E-2, and that he earned the following awards
during his active duty tenure:  NDSM, Bronze Star Medal (BSM), Vietnam
Service Medal (VSM), RVN Campaign Medal with 1960 Device, and Sharpshooter
Qualification Badge with Rifle Bar.

10.  Army Regulation 635-5 prescribes the separation documents that are
prepared for individuals upon retirement, discharge, or release from active
military service or control of the Army.  It also establishes standardized
policy for preparing and distributing the DD Form 214.  Paragraph 2-4h(4),
states in effect, that the active duty grade of rank and pay grade at the
time of separation will be entered in Item 5a (Grade, Rate, or Rank) and
Item 5b (Pay Grade) of the
DD Form 214.

11.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Chapter 8 contains
guidance on award of combat badges.  It states, in pertinent part, that the
CIB is awarded to infantry officers and to enlisted and warrant officer
personnel who have an infantry MOS.  They must have served in active ground
combat while assigned or attached to an infantry unit of brigade,
regimental or smaller size.  The Awards Branch of the Human Resources
Command (HRC) has advised, in similar cases, that during the Vietnam era
the CIB was awarded only to enlisted individuals who held and served in MOS
11B, 11C, 11F, 11G, or 11H.

12.  Paragraph 3-16 of the awards regulation provides that the ARCOM may be
awarded to any member of the Armed Forces of the United States who, while
serving in any capacity with the Army after 6 December 1941, distinguished
himself or herself by heroism, meritorious achievement or meritorious
service.  As with all personal decorations, formal recommendations,
approval through the chain of command, and announcement in orders are
required.

13.  Chapter 4 of the awards regulation prescribes the policy for award of
the
AGCM.  It states, in pertinent part, that the AGCM 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, in
which case the qualifying period is more than 1 year.  Although there is no
automatic entitlement to the AGCM, disqualification must be justified.
14.  Paragraph 8-15 of the awards regulation prescribes policy for award of
the AAB.  It states, in pertinent part, that it is awarded by the
Commander, US Army Aviation Center and Fort Rucker upon successful
completion of courses leading to an aeronautical rating of Army Aviator.

15.  Paragraph 8-25 of the awards regulation prescribes policy for award of
the basic award of the Aircraft Crewmember Badge (ACMB).  It states, in
pertinent part, that it is permanently awarded to Soldiers upon successful
completion of formal AIT in career management field (CMF) 67.

16.  Paragraph 2-13 of the awards regulation contains guidance on award of
the Vietnam Service Medal.  It states, in pertinent part, that a bronze
service star is authorized with this award for each campaign a member is
credited with participating while serving in the RVN.

17.  United States Army Vietnam (USARV) Regulation 672-1 (Decorations and
Awards), in effect at the time, provided guidelines for award of the AM.
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 AM.

18.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register) establishes the eligibility of individual members for unit
citation badges awarded during the Vietnam Conflict.  It confirms during
his tenure of assignment in the RVN, the applicant’s unit (HHC, 2nd Bde,
101st Abn Div) earned the RVN Gallantry Cross with Palm Unit Citation and
RVN Civil Actions Honor Medal First Class Unit Citation.  It also shows he
was credited with participating in the Vietnam Counteroffensive Phase V,
Vietnam Counteroffensive Phase VI,
TET Counteroffensive 1969, and the Vietnam Summer Fall 1969 campaigns.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his separation document should be
corrected to show that he was separated in the rank of PFC and to show his
entitlement to the CIB, AM, ARCOM, AGCM, and the AAB were carefully
considered, and found to have partial merit.
2.  The applicant's record confirms he received "Excellent" conduct and
efficiency ratings at all of his active duty assignments and his record is
void of any derogatory information, or a specific disqualification by any
of the active duty unit commanders for whom he served during his initial
period of active duty service.  As a result, it would be appropriate to
award him the first award of the AGCM, for his qualifying period of
honorable active duty service from 19 July 1954 through 18 July 1957.
However, his record during his second active duty period does not support
an additional award of the AGCM.

3.  The evidence of record confirms the applicant held the rank and pay
grade of PVT/E-2 on the date of his separation from active duty.
Therefore, this rank is properly entered in Item 5a and 5b of his DD Form
214.

4.  The applicant’s record confirms that he served in MOS 67N, as a
helicopter repairman, during his RVN tour.  By regulation, the CIB is
awarded to enlisted personnel who serve in an infantry MOS in active ground
combat while assigned or attached to an infantry unit of brigade,
regimental or smaller size.  Given the applicant did not hold an infantry
MOS, he did not meet the regulatory criteria necessary to support award of
the CIB based on his RVN service.

5.  There is no evidence of record to show that the applicant was
recommended for, or awarded the AM by proper authority.  Further, his OMPF
does not contain flight records that would confirm that he accrued a
minimum flight time, or category of missions necessary to receive the AM
during his RVN tour.  Thus, there is an insufficient evidentiary basis to
support award of the AM in this case.

6.  There is no evidence to show that the applicant was ever recommended
for, or awarded the ARCOM by proper authority.  Therefore, there is
insufficient evidence to support award of the ARCOM in this case.

7.  The evidence of record fails to show that the applicant ever attended
or successfully completed a course that lead to an aeronautical rating of
Army Aviator.  Therefore he is not entitled to the award of the AAB.
However, based on his qualification in MOS 67N, he is entitled to receive
the ACMB.  Thus, it would be appropriate to add this award to his record at
this time.

8.  The evidence of record does show that based on his RVN service and
campaign participation, the applicant is entitled to the RVNGC with Palm
Unit Citation, RVNCAHM with FC Unit Citation and 4 bronze service stars
with his VSM.  Thus, it would be appropriate to add these awards to his
record at this time.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___CG __  __RTD__  ___LVB__  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 awarding him the first
award of the Army Good Conduct Medal and Aircraft Crewmember Badge; by
showing that he is entitled to the Republic of Vietnam Gallantry Cross with
Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal with
First Class Unit Citation, 4 bronze service stars with his Vietnam Service
Medal; and by issuing him a corrected separation document to reflect these
changes.

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
correcting his record to show he was separated in the rank of private first
class/E-3, and award of the
Combat Infantryman Badge, Air Medal, Army Commendation Medal, and
Army Aviator Badge.




            ___Curtis Greenway______
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR2005000112*9                          |
|SUFFIX                  |                                        |
|RECON                   |NA                                      |
|DATE BOARDED            |2005/10/06                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1970/09/02                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0000                                |
|2.                      |131.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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