RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           4 October 2005
      DOCKET NUMBER:  AR20050002910


      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. Wanda L. Waller               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Mark Manning                  |     |Chairperson          |
|     |Mr. Larry Bergquist               |     |Member               |
|     |Ms. Carmen Duncan                 |     |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 DD Form 214 (Report of
Transfer or Discharge) to show award of the Good Conduct Medal and a second
award of the Air Medal (correctly known as the Air Medal with Numeral “2").

2.  The applicant states he was awarded the Good Conduct Medal but it is
not listed on his DD Form 214.  He also contends that he is entitled to a
second award of the Air Medal.  He states he was reassigned out of the
335th Assault Helicopter Company to a different battalion and company and
he believes the information never got transferred.

3.  The applicant provides a statement from his commanding officer at the
time in question; a DA Form 137 (Installation Clearance Record); a
newspaper article; and a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
27 March 1970.  The application submitted in this case is dated 11 February
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 limitation 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 a second
award of the Air Medal.  There are no orders or other evidence authorizing
this decoration to the applicant.  In the absence of a proper award
authority for this decoration, the applicant may request a second 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, they will not be discussed further in this Record of Proceedings.

4.  The applicant enlisted on 26 June 1967 for a period of 3 years.  He
served as a helicopter mechanic assigned to the 166th Transportation
Detachment in Vietnam from 24 January 1968 through 21 May 1968.  He was
assigned to the 335th Assault Helicopter Company in Vietnam from 22 May
1968 through
11 September 1968.  He was assigned to the 61st Assault Helicopter Company
in Vietnam from 12 September 1968 through 25 May 1969.  He was assigned to
the 61st Aviation Company in Vietnam from 26 May 1969 through 27 March
1970.  On 27 March 1970, the applicant was released from active duty in the
rank of specialist five after completing 2 years, 9 months, and 2 days of
creditable active service with no time lost.

5.  The applicant’s DD Form 214 shows the National Defense Service Medal,
the Vietnam Service Medal, the Army Commendation Medal, the Vietnam
Campaign Medal, and the Expert Marksmanship Qualification Badge with Rifle
Bar as authorized awards.

6.  There are no orders for the Good Conduct Medal in the applicant’s
service personnel records.  There also is no evidence the applicant was
disqualified by his chain of command from receiving the Good Conduct Medal.
 His records do not contain any adverse information and he received conduct
and efficiency ratings of “excellent” throughout his service.

7.  In support of his claim for award of the Good Conduct Medal, the
applicant provided a letter, dated 1 February 2005, from his commanding
officer (61st Assault Helicopter Company) at the time in question.  The
commanding officer attests that he recommended the applicant for award of
the Good Conduct Medal on 25 March 1970 and he provided a copy of the
applicant’s DA Form 137 with this recommendation.

8.  A DD Form 215 (Correction to DD Form 214), dated 17 February 2004,
amended the applicant’s DD Form 214 to show award of the Air Medal, the
Army Commendation Medal with Second Oak Leaf Cluster, the Vietnam Service
Medal with one silver service star and three bronze service stars, the
Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge, and the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

9.  Army Regulation 672-5-1, 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
except that a service school efficiency rating based upon academic
proficiency of at least "good" rendered subsequent to 22 November 1955 was
not disqualifying.  However, there was no right or entitlement to the medal
until the immediate commander made positive recommendation for its award
and until the awarding authority announced the award in General Orders.

DISCUSSION AND CONCLUSIONS:

1.  The statement from the applicant’s commanding officer at the time in
question and the DA Form 137 provided by the applicant are accepted as a
sufficient basis for amending the applicant’s DD Form 214 to show the Good
Conduct Medal.

2.  Records show the applicant should have discovered the alleged error now
under consideration on 27 March 1970; therefore, the time for the applicant
to file a request for correction of any error expired on 26 March 1973.
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:

________  ________  ________  GRANT RELIEF

MM_____  LB_____  __CD____  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 amending his DD Form 214 to show the
Good Conduct Medal.



            __Mark Manning________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2005002910                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051004                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0056                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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