RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           20 October 2005
      DOCKET NUMBER:  AR20050002341


      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. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John T. Meixell               |     |Chairperson          |
|     |Mr. James B. Gunlicks             |     |Member               |
|     |Ms. Jeanette R. 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 Item 24 (Decorations, Medals,
Badges, Commendations, Citations and Campaign Ribbons Awarded or
Authorized) of his separation document (DD Form 214) be corrected by adding
the Air Medals (AMs) he earned and the Republic of Vietnam (RVN) Gallantry
Cross with Palm Unit Citation he is entitled to; and that he be awarded the
Army Good Conduct Medal (AGCM).

2.  The applicant states, in effect, his DD Form 214 does not list his AMs,
Army Good Conduct Medal (AGCM) or RVN Gallantry Cross with Palm Unit
Citation.  He states that he earned these awards and would like them added
to his
DD Form 214.

3.  The applicant provides a National Personnel Records Center (NPRC)
Letter, dated 27 August 2004, in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
that occurred on 24 July 1969.  The application submitted in this case is
dated
1 September 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’s record shows he enlisted in the Regular Army and
entered active duty on 25 July 1966.  He was trained in, awarded and served
in military occupational specialty (MOS) 67N (Helicopter Mechanic).

4.  The applicant’s Enlisted Qualification Record (DA Form 20) shows, in
Item 38 (Record of Assignments), that he served in the RVN from 18
September 1967 through 16 September 1968, and that during his RVN tour, he
was assigned to the 135th Aviation Company, performing duties in MOS 67N,
as a helicopter mechanic.  Item 38 also shows he received "Excellent"
conduct and efficiency ratings at each of his active duty assignments.
5.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20 shows he
earned the following awards during his active duty tenure:  National
Defense Service Medal (NDSM); Vietnam Service Medal (VSM); AM; Aircraft
Crewmember Badge (ACMB), and Marksman Qualification Badge with Rifle Bar.

6.  The applicant’s Military Personnel Records Jacket (MPRJ) contains 1st
Aviation Brigade General Orders (GO) Number (#) 1908, dated 3 April 1968,
which awarded the applicant the AM for the period 27 November 1967 through
12 December 1967.  The MPRJ also contains 1st Aviation Brigade GO # 371,
dated 22 January 1969, which awarded the applicant the AM (1st through the
21st Oak Leaf Cluster) during the period 14 December 1967 through 29 August
1968.

7.  The applicant’s MPRJ contains no derogatory information and there is no
documented record of a disqualification from any of the applicant's active
duty commanders that would have precluded him from receiving the AGCM.

8.  On 24 July 1969, the applicant was honorably separated after completing
a total of 3 years of active military service.  The DD Form 214 he was
issued shows he earned the following awards during his active duty tenure:
NDSM; VSM ACMB; RVN Campaign Medal; Expert Qualification Badge with Rifle
Bar and 2 Overseas Bars.

9.  The applicant provides a letter from the NPRC, dated 27 August 2004.
This letter verified the applicant’s entitlement awards that included the
AM with numeral 21 and the AGCM.

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-13 provides
guidance on the VSM.  It states, in pertinent part, that 1 bronze service
star is authorized with this award for each RVN campaign a member is
credited with participating in while serving in the RVN.

11.  Table B-1 of the awards regulation contains a list of authorized
campaigns.  It shows that during his tenure of assignment in the RVN, the
applicant was credited with participating in the following RVN campaigns:
Vietnam Counteroffensive Phase III, TET Counteroffensive and Vietnam
Counteroffensive Phase IV.

12.  Paragraph 3-15 of the awards regulation contains guidance on the AM.
It states that the AM is awarded to any person who, while serving in any
capacity in or with the U.S. Army, will have distinguished himself or
herself by meritorious achievement while participating in aerial flight.
It also states, in pertinent part, that Numerals, starting with 2 will be
used to denote second and subsequent awards of the AM.

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.
Although there is no automatic entitlement to the AGCM, disqualification
must be justified.

14.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register) establishes the eligibility of individual members for campaign
participation credit, assault-landing credit, and unit citation badges
awarded during the Vietnam Conflict.  It confirms that during his tenure of
assignment in the RVN, the applicant’s unit (135th Aviation Company) earned
the RVN Gallantry Cross with Palm Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's record confirms that he received "Excellent" conduct
and
efficiency ratings at all of his active duty assignments.  Further, the
record is void
of any derogatory information or a specific disqualification by any of the
active
duty unit commanders for whom he served.  As a result, it would be
appropriate
to award the applicant the first award of the AGCM, for his qualifying
three-year period of honorable active duty service from 25 July 1966
through 24 July 1969.

2.  The applicant’s record also contains orders awarding the AM (1st
through the 21st Oak Leaf Cluster).  Further, based on his RVN service and
campaign participation, he is entitled to the RVN Gallantry Cross with Palm
Unit Citation and 3 bronze service stars with his VSM.  Thus, it would also
be appropriate to add these awards to his record and separation document at
this time.

BOARD VOTE:

___JTM _  ___JBG _  __JRM__  GRANT 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 awarding him the Army Good Conduct
Medal; by showing he earned the Air Medal with numeral 21; by showing that
based on his service and campaign participation in the RVN, he is entitled
to the Republic of Vietnam Gallantry Cross with Palm Unit Citation and 3
bronze service stars with his Vietnam Service Medal; and by providing him a
corrected separation document that includes these awards.




            ____John T. Meixell_____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050002341                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/10/20                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |196907/24                               |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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