RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 December 2005
      DOCKET NUMBER:  AR20050004417


      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. Richard T. Dunbar             |     |Chairperson          |
|     |Mr. James B. Gunlicks             |     |Member               |
|     |Mr. Scott W. Faught               |     |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 award of the Bronze Star Medal and Air Medal.

2.  The applicant states, in effect, that he was awarded the Bronze Star
Medal and Air Medal; however, the awards are not annotated on his DD Form
214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant provides the front copy of Headquarters, 9th Infantry
Division (Vietnam), General Orders Number 5072, dated 29 April 1969, and an
Air Medal Certificate, dated 27 October 1968, and Citation in support of
his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
4 September 1969, the date of his separation from active duty.  The
application submitted in this case is dated 8 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 was inducted into
the U.S. Army on 22 November 1967.  Upon completion of basic combat
training and advanced individual training, the applicant was awarded
military occupational specialty (MOS) 11H (Infantry Direct Fire Crewman).
He was subsequently awarded MOS 11B (Light Weapons Infantryman).

4.  The applicant's military service record shows that he was assigned to
the
4th Battalion, 47th Infantry Regiment, 9th Infantry Division in Vietnam,
from
16 May 1968 through 2 May 1969.  He was honorably separated from the U.S.
Army on 4 September 1969 after serving on active duty for 1 year, 9 months,
and 9 days.

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 19 March 2001, shows in Item
24 (Decorations, Medals, Badges, Commendations, Citations and Campaign
Ribbons Awarded or Authorized) that he was awarded the National Defense
Service Medal, Vietnam Service Medal with 2 bronze (service) stars, Vietnam
Campaign Medal with 1960 Device, Valorous Unit Award, Combat Infantryman
Badge, Army Commendation Medal, Expert Marksmanship Qualification Badge
with (M-16) Rifle and (106mm) Recoilless Rifle Bars, Marksman Marksmanship
Qualification Badge with (.45 caliber) Pistol Bar, Purple Heart, and
Republic of Vietnam Gallantry Cross with Palm Unit Citation.

6.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 31
(Foreign Service), shows that he served in the Republic of Vietnam from 7
May 1968 through 6 May 1969.  Item 39 (Campaigns) of this document shows
that he participated in the "7th Campaign (unnamed)".

7.  The applicant provides a copy of the front page of Headquarters, 9th
Infantry Division (Vietnam), General Orders Number 5072, dated 29 April
1969, which shows that he was awarded the Bronze Star Medal for meritorious
service in connection with military operations against a hostile force in
the Republic of Vietnam from May 1968 to April 1969.

8.  The applicant also provides a copy of The Air Medal Certificate, dated
27 October 1968, and accompanying Citation which shows that he was awarded
the Air Medal for meritorious achievement while participating in sustained
aerial flight, in support of combat ground forces in the Republic of
Vietnam, during the period 5 May 1968 to 23 September 1968.

9.  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.

10.  There is no evidence the applicant received the first award of the
Good Conduct Medal.  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.

11.  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 IV, Vietnam
Counteroffensive Phase V, Vietnam Counteroffensive Phase VI, and the
TET 69 Counteroffensive; a total of four campaigns.

12.  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 4th Battalion, 47th Infantry Regiment, the
unit was cited for award of the Republic of Vietnam Civil Actions Honor
Medal First Class Unit Citation by Headquarters, Department of the Army,
General Orders Number 59 (1969).

13.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze
Star Medal is awarded in time of war for heroism and for meritorious
achievement or service.  United States Army Vietnam Regulation 672-1
(Military Awards) governed the military awards program in Vietnam during
the Vietnam War.  This regulation stated that the Bronze Star Medal may
have been awarded for heroism, meritorious achievement or service which did
not involve aerial flight, but which was performed in connection with
military operations against an armed enemy including combat, support, and
supply operations.  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 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.  U.S. Army Vietnam Regulation 672-1 provided, in pertinent part,
guidelines for award of the Air Medal.  It established that passenger
personnel who did not participate in an air assault were not eligible for
the award based upon sustained operations.  It also defined terms and
provided guidelines for the award based upon the number and types of
missions or hours.  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.  As with all personal decorations, formal recommendations,
approval through the chain of command, and announcement in orders are
required.

15.  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, but as little as one year is required for the first
award in those cases when the period of service ends with the termination
of Federal military service.  Although there is no automatic entitlement to
the Good Conduct Medal, disqualification must be justified.

16.  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.

17.  Army Regulation 600-8-200 provides, in pertinent part, that the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation is
awarded by the Vietnamese government as a unit award for meritorious
service.

18.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Bronze Star
Medal and Air Medal and provides a copy of the front page of the General
Orders awarding him the Bronze Star Medal and his Award Certificate and
Citation for the Air Medal.

2.  The evidence of record shows that General Orders awarded the applicant
the Bronze Star Medal.  Therefore, it would be appropriate to correct his
records to show this award.
3.  The evidence of record shows that the applicant was presented The Air
Medal Certificate, dated 27 October 1968, for meritorious achievement while
participating in aerial flight in the Republic of Vietnam during the period
5 May 1968 to 23 September 1968.  Although the applicant's military service
records are absent General Orders awarding him the Air Medal, it would be
appropriate to correct his records to show award of the Air Medal.

4.  The applicant is entitled to the first award of the Good Conduct Medal
for the period 22 November 1967 through 4 September 1969 based on
completion of a period of qualifying service ending with the termination of
a period of Federal military service.  Therefore, he is entitled to
correction of his records to show this award.

5.  Records show that the applicant served in four campaigns in Vietnam.
Therefore, he is entitled to correction of his records to show award of
four bronze service stars to be affixed to his Vietnam Service Medal.

6.  General Orders awarded the applicant's unit the Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation.  Therefore, it would
be appropriate to correct his records to show this foreign unit award.

7.  Records show that the applicant served a total of 12 months in Vietnam.
 Therefore, he is entitled to correction of his records to show award of
two Overseas Service Bars.

8.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 4 September 1969; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
3 September 1972.  The applicant did not file within the 3-year statute of
limitations, but has provided compelling evidence to show that it would be
in the interest of justice to excuse failure to timely file in this case.
Therefore, 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 and Good Conduct Medal.

BOARD VOTE:

__RTD __  __JBG __  __SWF  _  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 the applicant the Air Medal for meritorious achievement
while participating in sustained aerial flight, in support of combat ground
forces in the Republic of Vietnam, during the period 5 May 1968 to 23
September 1968;

      b.  awarding the applicant the Good Conduct Medal for exemplary
conduct, efficiency, and fidelity during the period 22 November 1967
through
4 September 1969;

      c.  correcting his DD Form 214 by deleting the Vietnam Service Medal
w/2 Bronze Stars; and

      d.  correcting his DD Form 214 by adding the Bronze Star Medal, Air
Medal, Good Conduct Medal, Vietnam Service Medal with 4 bronze service
stars, Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation, and
2 Overseas Service Bars.



                            ___RICHARD T. DUNBAR___
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004417                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051208                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19690904                                |
|DISCHARGE AUTHORITY     |AR 635-200, Chapter 5                   |
|DISCHARGE REASON        |Early Release to Attend School          |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0014.0000                           |
|2.                      |107.0018.0000                           |
|3.                      |107.0056.0000                           |
|4.                      |107.0095.0000                           |
|5.                      |                                        |
|6.                      |                                        |


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