RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        23 November 2005
      DOCKET NUMBER:  AR20050003461


      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. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Mr. Patrick H. McGann, Jr.        |     |Member               |
|     |Mr. Larry J. Olson                |     |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, award of the Air Medal and Combat
Infantryman Badge, and an explanation why the Vietnam Service Medal was
deleted from his discharge document.

2.  The applicant states, in effect, that he flew regular test flights his
first year in Vietnam and daily combat missions for the remaining 10
months.  He further states that, although he was not an infantryman, he
spent one night with a Long Range Patrol team and encountered enemy action
on or about 13 March 1970.

3.  The applicant provides no documentary evidence in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 21 October 1970, the date of his separation from active duty.
The application submitted in this case is dated 20 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 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 service record shows that he enlisted in the
U.S. Army on 15 March 1968.  Upon completion of basic combat training and
advanced individual training, the applicant was awarded military
occupational specialty (MOS) 67M (Single Rotor Observation Helicopter
Mechanic).
4.  The applicant's military service record shows that he was initially
assigned to Headquarters and Headquarters Company, 3rd Brigade, 4th
Infantry Division in Vietnam, from 24 October 1968 through 9 November 1968.
 He was reassigned to Company E, 704th Maintenance Battalion, 4th Infantry
Division, where he served as a Helicopter Repairman and Forklift Operator,
from 10 November 1968 through 20 December 1969.  The applicant was
subsequently reassigned to
D Troop, 1st Squadron, 1st Cavalry (Vietnam), where he served as a Crew
Chief, from 22 December 1969 through 9 June 1970.  His military service
records also show that he was wounded in action on 7 June 1970 and
medically evacuated from Vietnam on 10 June 1970.  The applicant was
honorably separated from active duty on 21 October 1970 after serving in
the U.S. Army for a total of
2 years, 7 months, and 7 days.

5.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 31
(Foreign Service), shows that he served in the Republic of Vietnam from 12
October 1968 through 10 June 1970.  Item 39 (Campaigns) of this document
shows that he participated in the Vietnam Counteroffensive Phase V, Vietnam
Counteroffensive Phase VI, TET 69 Counteroffensive, and a campaign "To Be
Designated".  Item 41 (Awards and Decorations) shows that he was awarded
the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign
Medal, 1 Overseas Service Bar, Aircraft Crew Member Badge, Army
Commendation Medal, Purple Heart, Expert Marksmanship Qualification Badge
with Auto Rifle Bar, and Sharpshooter Marksmanship Qualification Badge with
Rifle Bar.

6.  The applicant's DD Form 214 (Armed Forces of the United States Report
of Transfer or Discharge), issued at the time of his separation, shows in
Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign
Ribbons Awarded or Authorized), that he was awarded the Army Commendation
Medal with "V" Device (1st Oak Leaf Cluster), Purple Heart, National
Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, and
Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

7.  The applicant's DD Form 214 was corrected by a DD Form 215 (Correction
to DD Form 214, Certificate of Release or Discharge from Active Duty),
issued on
9 February 2005.  This document shows that the Vietnam Service Medal was
deleted from Item 24 of the applicant's DD Form 214.  This document also
shows that the following awards were added to Item 24 of his DD Form 214:
Bronze Star Medal with 3 Bronze Oak Leaf Clusters, Good Conduct Medal,
Meritorious Unit Citation, Vietnam Service Medal with 4 Bronze Oak Leaf
Clusters, Sharpshooter Badge with Auto Rifle, Aviation Badge, and Glider
Badge.

8.  A review of the applicant's record reveals that he may be entitled to
additional awards that are not shown on his DD Form 214.

9.  The applicant's records contain copies of DA Form 759-1 (Individual
Flight Record and Flight Certificate - Army), Sheet Numbers 1-1 through 1-
4, covering the period 24 December 1969 through 5 June 1970, which shows,
in pertinent part, the dates, aircraft type, mission category, duty
position, and flight hours accrued by the applicant.  These documents show
that, while assigned to
D Troop, 1st Squadron, 1st Cavalry, the applicant served as a crew chief,
flying combat missions on OH-6A Cayuse, Light Observation Helicopters, and
accrued a total of 349 flight hours during this period.

10.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists the
campaigns for Vietnam.  This document shows that the applicant participated
in the following campaigns:  Vietnam Counteroffensive Phase V, Vietnam
Counteroffensive Phase VI, TET 69 Counteroffensive 1969, Vietnam Summer-
Fall 1969, Vietnam Winter-Spring 1970, and DA Sanctuary Counteroffensive; a
total of six (6) campaigns.

11.  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 704th Maintenance Battalion (Vietnam), the
unit was cited for award of the Meritorious Unit Commendation by
Headquarters, Department of the Army, General Orders Number 56 (1969).
This document also shows that, at the time of the applicant's assignment,
the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit
Citation by Headquarters, Department of the Army, General Orders Number 52
(1971).

12.  The applicant's records contain a copy of Headquarters, United States
Army Aviation School, Fort Rucker, Alabama, Special Orders Number 243,
dated
11 September 1968, which shows that he was awarded the Expert Marksmanship
Qualification Badge with Auto Rifle Bar.

13.  Army Regulation 600-8-22 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.

14.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards)
provided, in pertinent part, guidelines for award of the Air Medal.  It
defined terms and provided guidelines for the award based upon the number
and types of missions or hours.  This document defined a mission as the
departure of an aircraft from a base camp to a nonsecure landing zone and
return and that an additional mission may be credited for each additional
landing zone used.  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 Air Medal.  However, the regulation was clear that these guidelines
were considered only a departure point.

15.  Combat missions were divided into three categories.  A category I
mission was defined as a mission performed in an assault role in which a
hostile force was engaged and was characterized by delivery of ordnance
against the hostile force, or delivery of friendly troops or supplies into
the immediate combat operations area.  A category II mission was
characterized by support rendered a friendly force immediately before,
during or immediately following a combat operation.  A category III mission
was characterized by support of friendly forces not connected with an
immediate combat operation, but which must have been accomplished at
altitudes which made the aircraft at times vulnerable to small arms fire,
or under hazardous weather or terrain conditions.

16.  Army Regulation 600-8-22 also provides that Arabic numerals are now
used instead of oak leaf clusters for the second and succeeding awards of
the Air Medal.  For example, the numeral 2 denotes the second award of the
Air Medal.

17.  Army Regulation 600-8-22, paragraph 8-6, provides for award of the
Combat Infantryman Badge.  That paragraph states that there are basically
three requirements for award of the Combat Infantryman Badge.  The Soldier
must be an infantryman satisfactorily performing infantry duties, he must
be assigned to an infantry unit during such time as the unit is engaged in
active ground combat, and he must actively participate in such ground
combat.  Award of the Combat Infantryman Badge during Vietnam was announced
in unit special orders, normally published at battalion or brigade level.
18.  Army Regulation 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.  A bronze service star is worn on
the Vietnam Service Medal to denote an additional award for participation
in a campaign and a silver service star is authorized in lieu of five
bronze service stars.

19.  Army Regulation 600-8-22 provides, in pertinent part, that effective 1
March 1961 the Meritorious Unit Commendation was authorized for units
and/or detachments of the Armed Forces of the United States for
exceptionally meritorious conduct in the performance of outstanding
services for at least six continuous months in support of military
operations.

20.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and
Decorations) provided for the processing of foreign awards and decorations
presented to individuals and units.  It states, in pertinent part, that the
Republic of Vietnam Gallantry Cross Unit Citation was awarded in four
degrees:  with Palm, with Gold Star, with Silver Star, and with Bronze
Star.

21.  Army Regulation 600-8-22, in pertinent part, sets forth requirements
for award of basic marksmanship qualification badges.  The qualification
badge is awarded to indicate the degree in which an individual has
qualified in a prescribed record course, and an appropriate bar is
furnished to denote each weapon with which the individual has qualified.
The qualification badges are in three classes:  Expert, Sharpshooter, and
Marksman.

22.  Army Regulation 600-8-22 provides, in pertinent part, that the
Aircraft Crew Member Badge may be permanently awarded for successful
completion of formal advanced individual training in career management
field 67 military occupational specialties.  However, MILPER Message Number
00-138, date-time group 101221Z April 2000, changed the name of the
Aircraft Crew Member Badge to the Aviation Badge and changed the criteria
for award of the Basic, Senior and Master Aviation Badges.  This message,
in pertinent part, also authorizes permanent award of the Basic Aviation
Badge to an individual who has participated in at least 15 combat missions
under probable exposure to enemy fire while performing in-flight duties.
The changes for these badges was effective 29 February 2000 and retroactive
to 1 January 1947.


23.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time,
governs the requirements for the Overseas Service Bar.  In pertinent part,
it provides that a bar is authorized for wear for each period of active
Federal service as a member of the U.S. Army outside of the continental
limits of the United States for the specific time frames and areas of
operation cited in Army Regulation 670-1, or appropriate Department of the
Army message.  For Vietnam service, one Overseas Service Bar is authorized
for each period of 6 months active Federal service as a member of a U.S.
Service in Vietnam from 1 July 1958 to
28 March 1973.  Both the month of arrival and the month of departure from
Vietnam are counted as whole months for credit toward the Overseas Service
Bar.

24.  Army Regulation 600-8-22, in pertinent part, discontinued award of the
Glider Badge effective 3 May 1961.  The regulation authorizes wear of the
Glider Badge if the individual met the eligibility requirements then in
effect. The regulation also provides for award of the Glider Badge
retroactively when it can be established by means of sufficient
documentation that the proficiency tests then prescribed were
satisfactorily completed while the individual was assigned or attached to
an airborne unit, or to the Airborne Department of the Infantry School, or
by participating in at least one combat glider landing into enemy-held
territory as a member of an organized force carrying out an assigned
tactical mission for which the unit was credited with an airborne assault
landing by the theater commander.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that he is entitled to award of the
Air Medal and Combat Infantryman Badge, and that the Vietnam Service Medal
should not have been deleted from his DD Form 214.  However, the applicant
provides no documentary evidence in support his claim.

2.  The evidence of records shows the applicant accumulated a total of 349
flight hours while serving as a crew chief on combat missions in Vietnam
during the period 24 December 1968 through 5 June 1970.  While the total
number of missions can not be determined from this documentation, it does
show that the applicant flew combat missions on 92 different days during
this period.  In reviewing the records, given the number of hours flown on
these days, it is evident that the applicant was routinely participating in
more than one combat mission on most days.  Based on the type of aircraft
flown and its mission in Vietnam, there is a presumption that the applicant
accrued the requisite number of category 1 combat missions (i.e., 25) in
Vietnam as he accrued the minimum number of required flight hours (i.e.,
25).  Therefore, based on the regulatory guidance in effect at the time,
the applicant met the requirements for 13 awards of the Air Medal for
meritorious service in aerial flight during sustained operations.

3.  There is no evidence of records that show the applicant satisfactorily
performed infantry duties in Vietnam, while assigned to an infantry unit
engaged in active ground combat, and that he actively participated in such
ground combat. In addition, there are no orders or evidence of records that
show the applicant was awarded the Combat Infantryman Badge.  Therefore,
there is no evidence upon which to base award of the Combat Infantryman
Badge in this case.

4.  Records show that the applicant participated in six campaigns in
Vietnam.  Therefore, he is entitled to correction of his records to show
award of one silver service star and one bronze service star to be affixed
to his Vietnam Service Medal.

5.  As a matter of information and clarification regarding the applicant's
request concerning the Vietnam Service Medal, the evidence of records shows
that the applicant qualified for award of the Vietnam Service Medal.  The
DD Form 215, issued on 9 February 2005, correctly deleted the Vietnam
Service Medal from the applicant's DD Form 214 when it concurrently added
the Vietnam Service Medal with 4 Bronze Oak Leaf Clusters to the
applicant's DD Form 214.  This was strictly an administrative procedure
documenting the authorized award (e.g., Vietnam Service Medal with 4 Bronze
Oak Leaf Clusters).  However, the Board notes that the action taken to add
the award was administratively incorrect and requires further correction.
Therefore, based on the evidence of record, the Vietnam Service Medal with
4 Bronze Oak Leaf Clusters will be deleted from the applicant's discharge
document and the Vietnam Service Medal with 1 silver service star and 1
bronze service star will be added.  This action will then properly document
that the applicant was awarded the Vietnam Service Medal and credited with
participating in six campaigns during his service in Vietnam.

6.  General Orders awarded the applicant's unit the Meritorious Unit
Commendation.  The DD Form 215, issued on 9 February 2005, incorrectly
added the "Meritorious Unit Citation" to the applicant's DD Form 214, which
is not an actual Army unit award.  Therefore, it would be appropriate to
correct his records to show award of the Meritorious Unit Commendation.

7.  General Orders awarded the applicant's unit the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.  Therefore, it would be
appropriate to correct his records to show this foreign unit award.

8.  Special Orders awarded the applicant the Expert Marksmanship
Qualification Badge with Auto Rifle Bar.  The DD Form 215, issued on 9
February 2005, incorrectly added the "Sharpshooter Badge with Auto Rifle"
to the applicant's DD Form 214.  Therefore, it would be appropriate to
correct his records to show award of the Expert Marksmanship Qualification
Badge with Auto Rifle Bar.

9.  As a matter of record regarding the applicant's Aircraft Crew Member
Badge, the evidence shows that the badge was retroactively renamed the
Aviation Badge.  Therefore, the DD Form 215, issued on 9 February 2005,
correctly added the proper Aviation Badge to the applicant's DD Form 214.

10.  Records show that the applicant served a total of 21 months in
Vietnam.  Therefore, he is entitled to correction of his records to show
award of 3 Overseas Service Bars.

11.  The Glider Badge was discontinued by the U.S. Army, effective 3 May
1961. The applicant did not enter the U.S. Army until 15 March 1968.
Consequently, the applicant is not eligible for award of the Glider Badge.
The DD Form 215, issued on 9 February 2005, incorrectly added the "Glider
Badge" to the applicant's DD Form 214.  Therefore, it would be appropriate
to correct the applicant's records by deleting the Glider Badge from his
discharge document.

12.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 21 October 1970; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
20 October 1973.  The applicant did not file within the 3-year statute of
limitations and has not provided a compelling explanation or evidence to
show that it would be in the interest of justice to excuse failure to
timely file in this case.  Although the applicant did not file within the
ABCMR's statute of limitations, it is appropriate to waive failure to
timely file for 13 awards of the Air Medal (i.e., Air Medal with Numeral
"13").
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___JS___  __PHM__  __LJO___  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 Air Medal with Numeral "13";

      b.  correcting his DD Form 214 to delete the Vietnam Service Medal w/
4 Oak Leaf Clusters, Meritorious Unit Citation, Sharpshooter Badge with
Auto Rifle, and Glider Badge; and

      c.  correcting his DD Form 214 to add the Air Medal with Numeral
"13", Vietnam Service Medal with 1 silver service star and 1 bronze service
star, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross
with Palm Unit Citation, and Expert Marksmanship Qualification Badge with
Auto Rifle Bar.

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
the Combat Infantryman Badge.




                            ______JOHN SLONE______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050003461                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051123                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19701021                                |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0018.0000                           |
|2.                      |107.0073.0000                           |
|3.                      |107.0111.0000                           |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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