RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 December 2005
      DOCKET NUMBER:  AR20050004386


      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. Ted S. Kanamine               |     |Chairperson          |
|     |Mr. Robert L. Duecaster           |     |Member               |
|     |Ms. Jeanette B. McPherson         |     |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, correction of his records to show
awards he believes he is entitled to based upon his military service.

2.  The applicant states, in effect, that his discharge document does not
reflect all of the awards he is entitled to; therefore, he would like his
records corrected to show award of the Presidential Unit Citation, Valorous
Unit Award, Vietnam Service Medal with 7 campaign stars, second award of
the Good Conduct Medal, 24 awards of the Air Medal, Cold War Victory
Commemorative Medal, Combat Service Commemorative Medal, and Overseas
Commemorative Service Medal.

3.  The applicant provides a self-authored statement and copies of
Headquarters, U.S. Army Military Personnel Center, Alexandria, Virginia,
Orders S222-9, dated 16 November 1978; Headquarters, U.S. Army Military
Personnel Center, Alexandria, Virginia, Orders S239-17, dated 12 December
1978; DD Form 2 (U.S. Uniformed Services) card, issued 24 October 1986; DD
Form 214 (Report of Separation From Active Duty), with an effective date of
28 February 1979;
DD Form 215 (Correction to DD Form 214, Report of Separation from Active
Duty), dated 30 July 1979; Headquarters, Officer Candidate School Brigade,
U.S. Army Armor School, Fort Knox, Kentucky, General Orders Number 26,
dated
23 May 1966; Headquarters, 1st Aviation Brigade, 1st Cavalry (Vietnam),
General Orders Number 2640, dated 2 May 1968; and Individual Flight Record
and Flight Certificate - Army, dated February 1979.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 28 February 1979, the date of his retirement from the U.S.
Army.  The application submitted in this case is dated 16 March 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 31 December 1958, attained the rank of staff sergeant/pay
grade E-6, graduated from Officer Candidate School, was discharged and
appointed as a commissioned officer in the U.S. Army on 25 May 1966, and
served in military specialty 15000 (Aviation).

4.  The applicant's military service record shows that he served in Vietnam
and was assigned as follows:  Troop C, 7th Squadron, 1st Cavalry from 22
February 1968 through 12 March 1968; Troop B, 7th Squadron, 1st Cavalry
from 13 March 1968 through 11 August 1968; Headquarters Troop, 3rd
Squadron, 17th Cavalry from 12 August 1968 through 7 October 1968; and the
195th Assault Helicopter Company from 8 October 1968 through 28 January
1969.  The applicant's military service record also shows that he served a
second tour of duty in Vietnam and was assigned to Troop F (Air), 4th
Cavalry from 27 September 1971 through 4 December 1971 and to Headquarters
and Headquarters Troop,
3rd Squadron, 17th Air Cavalry from 5 December 1971 through 24 March 1972.

5.  The applicant's DD Form 214, issued at the time of his separation, and
as amended by DD Form 215 (Correction to DD Form 214, Certificate of
Release or Discharge from Active Duty), dated 30 July 1979, shows that he
served honorably and retired from the U.S. Army on 28 February 1979 after
serving on active duty for a total of 20 years, 1 month, and 4 days.  Item
26 (Decorations, Medals, Badges, Commendations, Citations and Campaign
Ribbons Awarded or Authorized) of this document shows that he was awarded
the Bronze Star Medal (First Oak Leaf Cluster), Meritorious Service Medal,
Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal
(6 Campaigns), Armed Forces Reserve Medal, Senior Army Aviator Badge,
Parachutist Badge, Republic of Vietnam Campaign Medal, Republic of Vietnam
Gallantry Cross with Gold Star, Republic Vietnam Gallantry Cross with Palm
Unit Citation, and Republic of Vietnam Civil Actions Medal Unit Citation.

6.  The applicant's DA Form 2-1 (Personnel Qualification Record), Item 5
(Oversea  Service), shows that he served in the Republic of Vietnam from
1 February 1968 through 31 January 1969 and from 22 September 1971 through
25 March 1972.  Item 9 (Awards, Decorations and Campaigns) of this document
shows, in pertinent part, that he was awarded 3 Overseas Service Bars and
participated in the TET Counteroffensive, Vietnam Counteroffensive Phase
IV, Vietnam Counteroffensive Phase V, Vietnam Counteroffensive Phase VI,
Consolidation I, and Consolidation II campaigns; a total of six (6)
campaigns.


7.  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 fails to show that during the period of
the applicant's assignment to the units (i.e., as outlined in paragraph 4,
above) that any of these units were cited for award of the Presidential
Unit Citation, Valorous Unit Award, or Meritorious Unit Commendation.

8.  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:  TET Counteroffensive, Vietnam Counteroffensive
Phase IV, Vietnam Counteroffensive Phase V, Vietnam Counteroffensive Phase
VI, Consolidation I, and Consolidation II campaigns; a total of six (6)
campaigns.

9.  The applicant's military records contain a copy of Headquarters,
Officer Candidate School Brigade, U.S. Army Armor School, Fort Knox,
Kentucky, General Orders Number 26, dated 23 May 1966, which show he was
awarded the Good Conduct Medal Clasp (Second Award) for exemplary behavior,
efficiency, and fidelity for the period 25 May 1963 to 24 May 1966.

10.  The applicant's military records contain a copy of Headquarters, 1st
Aviation Brigade (Vietnam), General Orders Number 2640, dated 2 May 1968,
which shows he was awarded the Air Medal for meritorious achievement while
participating in aerial flight in the Republic of Vietnam from 29 February
1968 to
4 March 1968.

11.  The applicant's military service records contain copies of DA Forms
759 and 759-1 (Individual Flight Record and Flight Certificate - Army,
Parts I and II), which provide detailed information regarding the missions
the applicant flew while serving in Vietnam.  These documents show, in
pertinent part, that the applicant departed from a base camp on combat
missions on 204 separate occasions that included 924 landings, and that he
accrued 605 flight hours while flying combat missions in Vietnam.

12.  The applicant provides a self-authored statement and copies of his
retirement orders, identification card (retired), discharge document, award
orders for the Good Conduct Medal Clasp (Second Award) and Air Medal, and
his Individual Flight Record and Flight Certificate - Army.  The award
orders and individual flight record provide documentary evidence supporting
the applicant's claims to a second award of the Good Conduct Medal and
multiple awards of the Air Medal.

13.  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.

14.  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.

15.  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 month of departure from
Vietnam are counted as whole months for credit toward the Overseas Service
Bar.

16.  Army Regulation 600-8-22 provides, in pertinent part, that the Good
Conduct Medal is awarded to individuals who distinguish themselves by their
exemplary conduct, efficiency, and fidelity during a qualifying period of
active duty enlisted service.  After 27 June 1950 to the present time, the
current standard for award of the Good Conduct Medal is 3 years of
qualifying service.  A clasp is authorized for wear on the Good Conduct
Medal to denote second and subsequent awards.

17.  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.

18.  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.

19.  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.

20.  Army Regulation 600-8-22 provides, in pertinent part, that the
Presidential Unit Citation (known as the Distinguished Unit Citation until
3 November 1966) is awarded for extraordinary heroism in action.  A unit
must display such gallantry, determination, and esprit de corps in
accomplishing its mission as would warrant award of the Distinguished
Service Cross to an individual and the unit must be cited in Department of
the Army General Orders.

21.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Valorous Unit Award to units of the Armed Forces of the United States for
extraordinary heroism in action against an armed enemy of the United States
while engaged in military operations involving conflict with an opposing
foreign force or while serving with friendly foreign forces engaged in an
armed conflict in which the United States is not a belligerent party for
actions occurring on or after 3 August 1963.  This award requires a lesser
degree of gallantry, determination, and esprit de corps than required for
the Presidential Unit Citation.  Nevertheless, the unit must have performed
with marked distinction under difficult and hazardous conditions in
accomplishing its mission so as to set it apart from and above other units
participating in the same conflict.  The degree of heroism required is the
same as that which would warrant award of the Silver Star to an individual.

22.  Army Regulation 670-1 provides, in pertinent part, a Soldier is
authorized to wear the unit award permanently if the individual was
assigned and present for duty with the unit any time during the period
cited or was attached by competent orders to, and present for duty with,
the unit during the entire period or for at least 30 consecutive days of
the period cited

23.  Army Regulation 600-8-22 does not authorize "commemorative" awards.




DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to additional awards that
are not shown on his discharge document, particularly with regard to his
service in Vietnam, and provides documentary evidence in support of his
claim for the second award of the Good Conduct Medal and 24 awards of the
Air Medal.  However, he provides insufficient evidence to support award of
the Presidential Unit Citation, Valorous Unit Award, or Vietnam Service
Medal with service stars for 7 campaigns.

2.  There is no evidence of records, and the applicant provides no
documentary evidence, that he is entitled to award of the Presidential Unit
Citation or Valorous Unit Award for his service while serving with a unit
in Vietnam when it was cited for award of either the Presidential Unit
Citation or Valorous Unit Award.  Therefore, the applicant is not entitled
to have his records corrected to show either of these unit awards on his
discharge document.

3.  Records show that the applicant served in six (6) campaigns in Vietnam
and his records correctly show award of the Vietnam Service Medal with six
campaigns.  However, the proper entry on the discharge document is to show
the Vietnam Service Medal with 1 silver service star and 1 bronze service
star.  Therefore, the applicant is entitled to correction of his records to
show award of the Vietnam Service Medal with 1 silver service star and 1
bronze service star.

4.  The evidence of record shows that the applicant was awarded the Good
Conduct Medal Clasp (Second Award) for the period 25 May 1963 to 24 May
1966 based on completion of a period of qualifying enlisted active duty
service.  Therefore, he is entitled to correction of his records to show
this award.

5.  The evidence of record shows that the applicant was awarded the Air
Medal for meritorious achievement while participating in aerial flight in
the Republic of Vietnam during the period 29 February 1968 to 4 March 1968.
 In addition, the evidence of record shows the applicant accrued additional
creditable combat category I missions and flight hours that entitle him to
additional awards of the Air Medal.  Therefore, based on the regulatory
guidance in effect at the time, the applicant met the requirements for 24
awards of the Air Medal for meritorious service in aerial flight during
sustained operations.  Therefore, his records should be corrected to show
award of the Air Medal with the Numeral "24".

6.  Records show that the applicant served a total of 18 months in Vietnam.
 Therefore, he is entitled to correction of his records to show award of
three
(3) Overseas Service Bars.
7.  Army Regulation 600-8-22 does not authorize commemorative awards.
These awards are normally created and offered by private organizations.
Therefore, the applicant is not entitled to award of the Cold War Victory
Commemorative Medal, Combat Service Commemorative Medal, or Overseas
Commemorative Service Medal by the U.S. Army.

8.  As a matter of information for the applicant, in accordance with
section 1084 of the Fiscal Year 1998 National Defense Authorization Act,
the Secretary of Defense approved awarding the Cold War Recognition
Certificate to all members of the armed forces and qualified federal
government civilian personnel who faithfully and honorably served the
United States anytime during the Cold War era, which is defined as 2
September 1945 to 26 December 1991.  However, the award of the Cold War
Recognition Certificate is not governed by the provisions of Army
Regulation 600-8-22 and, as a result, is not shown on a discharge document.
 The applicant may submit an application to the Commander, U.S. Army Human
Resources Command, Cold War Recognition, Hoffman II, Attention: AHRC-CWRS,
Suite 3N45, 200 Stovall Street, Alexandria, VA 22332-0473, to apply for the
Certificate.  Additional information is available on the Internet at:
https://www.hrc.army.mil/site/active/TAGD/coldwar/default.htm.

9.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 28 February 1979; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
27 February 1982.  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 award of the Air Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__TSK __  __RLD __  __JBM __  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 "24";

      b.  correcting his DD Form 214 to delete the Vietnam Service Medal
(6 Campaigns);

      c.  correcting his DD Form 214 to add the Air Medal with Numeral
"24", Good Conduct Medal (Second Award), Vietnam Service Medal with 1
silver service star and 1 bronze service star, and 3 Overseas Service Bars.

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
award of the Presidential Unit Citation, Valorous Unit Award, Vietnam
Service Medal (7 Campaigns), Cold War Victory Commemorative Medal, Combat
Service Commemorative Medal, and Overseas Commemorative Service Medal.




                              ___Ted S. Kanamine____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004386                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051222                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0018.0000                           |
|2.                      |107.0031.0000                           |
|3.                      |107.0033.0000                           |
|4.                      |107.0056.0000                           |
|5.                      |                                        |
|6.                      |                                        |


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