RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        16 August 2005
      DOCKET NUMBER:  AR20050001419


      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. Melvin H. Meyer               |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. James B. Gunlicks             |     |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 award of the
Air Medal.

2.  The applicant states, in effect, that he was mailed the Air Medal
certificate and orders but lost his orders in a house fire.  He further
states that he needs the Air Medal added to DD Form 214 (Armed Forces of
the United States Report of Transfer or Discharge) for Veterans Affairs
benefits.

3.  The applicant provides a copy of an Air Medal certificate, dated 9
September 1969.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 12 August 1969.  The application submitted in this case is
dated 27 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 was inducted on 5 January 1968 and successfully completed
basic training and advanced individual training.  He was awarded military
occupational specialty 11C (Infantry Indirect Fire Crewman).

4.  The applicant arrived in Vietnam and was assigned to D Company, 1st
Battalion, 2nd Infantry, 1st Infantry Division, on or about 12 August 1968
where he performed duties as an infantryman.  He departed Vietnam on or
about 8 August 1969 after being credited with participating in four
campaigns.  He was honorably released from active duty on 12 August 1969
after completing 1 year, 7 months, and 8 days of active creditable service.

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

6.  There are no records in the applicant's records that show he was
awarded the Air Medal.

7.  The applicant provided a copy of an Air Medal certificate, dated 9
September 1969 that shows he was awarded the Air Medal for meritorious
achievement while participating in aerial flight during the period 21
August 1968 though 30 June 1969.

8.  Headquarters, 1st Infantry Division General Orders Number 7293, dated
21 July 1969 show that the applicant was awarded the Army Commendation
Medal for meritorious service.

9.  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.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in Vietnam.  This document shows that, at the time of the
applicant’s assignment to the 1st Battalion, 2nd Infantry, it was cited for
award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation
for the period 12 July 1965 through 16 October 1968 based on Headquarters,
Department of the Army General Orders Number 21, dated 1969.

11.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant’s assignment to the 1st Battalion, 2nd Infantry, it was cited for
award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation for the period October 1965 through 7 April 1970 based on
Headquarters, Department of the Army General Orders Number 53, dated 1970.

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, that the Air Medal is awarded in time of war for heroism and for
meritorious achievement or service while participating in aerial flight.
This award is primarily intended for personnel on flying status, but may
also be awarded to those personnel whose combat duties require them to fly,
for example personnel in the attack elements of units involved in air-land
assaults against an armed enemy.  As with all personal decorations, formal
recommendations, approval through the chain of command, and announcement in
orders are required.

14.  Army Regulation 600-8-22 (Military Awards) 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.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders in the applicant’s service personnel records which
show that he was awarded the Air Medal.  However, his records show that he
performed duties as infantryman in an infantry unit in Vietnam and that he
submitted an Air Medal certificate, dated 9 September 1969, that shows he
was awarded the Air Medal.

2.  The Board accepts the evidence provided by the applicant as sufficient
to show he was awarded the Air Medal for meritorious achievement during
21 August 1968 though 30 June 1969.

3.  Records show that the applicant was awarded the Army Commendation
Medal.  His DD Form 214 should be amended to add this award.

4.  It appears the applicant has met the regulatory requirements for award
of the Army Good Conduct Medal for a qualifying period from 5 January 1968
though 12 August 1969.

5.  The applicant was assigned to a unit during a period of time that unit
was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation
and the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation.  His participation in four campaigns entitles him to four bronze
service stars to be worn on his Vietnam Service Medal.  Therefore, his DD
Form 214 should be amended to add these awards.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 12 August 1969; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on         11 August 1972.  The applicant did not file
within the 3-year statute of limitations; however, based on the available
evidence it would be in the interest of justice to excuse failure to timely
file in this case.
BOARD VOTE:

__MHM__  _ JTM___  __JBG __  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 him the Army Good Conduct Medal (1st Award) for the
period 5 January 1968 though 12 August 1969; and

      b.  amending his DD Form 214 to show award of the Air Medal, the Army
Commendation Medal, the Army Good Conduct Medal, the Republic of Vietnam
Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation, and four bronze service
stars to be worn on his Vietnam Service Medal.




                            __ Mr. Melvin H. Meyer _
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050001419                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |16 August 2005                          |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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