RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          15 November 2005
      DOCKET NUMBER:  AR20050004734


      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. Richard P. Nelson             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Stanley Kelley                |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Robert L. Duecaster           |     |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 three separate DD Forms 149 (Application for
Correction of Military Record Under the Provisions of Title 10, U.S. Code,
Section 1552), correction of his records to add the following awards: the
Good Conduct Medal; the Presidential Unit Citation; the Valorous Unit
Award; the Republic of Vietnam Gallantry Cross Unit Citation with Palm; the
Vietnam Service Medal; and the Republic of Vietnam Campaign Medal with
Device (1960).

2.  The applicant states he received several letters of appreciation while
he was on active duty and was never punished or reduced in rank.  He claims
that his company commander informed him he was to receive the Good Conduct
Medal, but it was never posted in his records.  He further states that he
only recently became aware of the unit awards he is entitled to when he was
discussing them with a friend.  The units he served with in Vietnam, the
119th Aviation Company, and the 52d Aviation Battalion, both received unit
awards while he was assigned there, and the applicant feels he is entitled
to these unit awards.

3.  The applicant provides copies of: his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge); two letters of
appreciation; and a printout of unit awards from an Internet web site.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error that
occurred on 27 January 1967.  The application submitted in this case is
dated 17 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 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’s records show he enlisted in the Regular Army on 10
February 1964 and completed training in Military Occupational Specialty
768.20 (General
Supply Clerk).  He was assigned to a Nike-Hercules Missile battalion in
Lockport, New York, then later to Vietnam where he served from 14 July 1965
to 28 June 1966 with the 119th Aviation Company (Assault Helicopter).  The
applicant then returned to Fort Bragg, North Carolina where he completed
his enlistment and was honorably separated from active duty in pay grade E-
4 on 27 January 1967.
4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214
shows he is entitled to the Armed Forces Expeditionary Medal and the
National Defense Service Medal.  No other awards or decorations are listed.

5.  There is no indication in the applicant’s personnel records that he was
awarded the Good Conduct Medal.  There also is no evidence the applicant
was disqualified by his unit commander for award of the Good Conduct Medal.
 Records show the applicant’s conduct and efficiency were rated as
“excellent” throughout his first period of qualifying service and there is
no indication of indiscipline in his service personnel records.

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Army Good Conduct Medal 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 Good Conduct Medal, disqualification must be justified.

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 shows the 119th Aviation Company, to
which the applicant was assigned, was cited for award of the Valorous Unit
Award for the period 18 September to 28 October 1965 by Department of the
Army General Orders Number 20, dated 1967, and for the period 28 to 30 May
1966 by Department of the Army General Orders Number 40, dated 1967. This
document also shows the unit was cited for award of the Republic of Vietnam
Gallantry Cross Unit Citation with Palm for the period 1 March 1966 to 26
March 1967 by Department of the Army General Orders Number 22, dated 1968.


8.  Department of the Army Pamphlet 672-3 also shows that Headquarters and
Headquarters Company, 52d Aviation Battalion, was cited for award of the
Presidential Unit Citation for the period 29 October to 30 November 1967 by
Department of the Army General Orders Number 38, dated 1971.

9.  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.
10.  Army Regulation 600-8-22 provides, in pertinent part, that the Armed
Forces Expeditionary Medal is authorized for participants in military
operations within a specific geographic area during a specified time
period.  Paragraph 2-13d specifically provides that individuals qualified
for the Armed Forces Expeditionary Medal for service in Vietnam from 1 July
1958 and 3 July 1965 (inclusive) shall remain qualified for that medal.
Upon request, a unit personnel officer may award the Vietnam Service Medal
in lieu of the Armed Forces Expeditionary Medal, but the regulation
requires that the Armed Forces Expeditionary Medal be removed from the
records of the individual.  No person will be entitled to both awards for
Vietnam Service.

11.  Army Regulation 600-8-22, in pertinent part, authorizes award of a
bronze service star, based on qualifying service, for each campaign listed
in Appendix B of this regulation and states that authorized bronze service
stars will be worn on the appropriate service medal, to include the Vietnam
Service Medal.  The appendix shows the applicant is entitled to wear one
bronze service star for each the following Vietnam campaigns: Vietnam
Defense and Vietnam Counteroffensive.

12.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Republic of Vietnam Campaign Medal with Device (1960).  The Government of
Vietnam awarded this medal to all members of the Armed Forces of the United
States for qualifying service in Vietnam during the period 1 March 1961
through 28 March 1973.  Qualifying service included assignment in Vietnam
for 6 months or more.  Qualifying service outside the geographical limits
of the Republic of Vietnam required the individual to provide direct combat
support to the Republic of Vietnam Armed Forces.  Individuals who had
qualified for award of the Vietnam Service Medal or the Armed Forces
Expeditionary Medal and were evacuated prior to completing six months of
service due to wounds resulting from hostile action were entitled to award
of the Republic of Vietnam Campaign Medal with Device (1960).

13.  Headquarters, 4th Training Brigade Special Orders Number 71 dated 1
April 1964 announced award of the Expert Marksmanship Badge with Rifle Bar
to the applicant.

14.  Headquarters, 1st Missile Battalion (Nike-Hercules) Special Orders
Number 116 dated 26 October 1964 announced award of the Marksman
Marksmanship Badge with Carbine Bar to the applicant.

DISCUSSION AND CONCLUSIONS:

1.  Since the applicant was not disqualified for award of the Good Conduct
Medal, and his records show that his conduct and efficiency were rated as
“excellent” throughout his first period of qualifying service, he is
entitled to the first award of the Good Conduct Medal based on completion
of a period of qualifying service from 10 February 1964 to 27 January 1967.
 Therefore, he is entitled to correction of his records to show this award.

2.  General Orders show the applicant is entitled to two awards of the
Valorous Unit Award.  Therefore, he is entitled to correction of his
records to show these unit awards.

3.  General Orders show the applicant is entitled to the Republic of
Vietnam Gallantry Cross Unit Citation with Palm.  Therefore, he is entitled
to correction of his records to show this unit award.

4.  There is no evidence the applicant was assigned to Headquarters and
Headquarters Company, 52d Aviation Battalion, during the period 29 October
to 30 November 1967.  Therefore, he is not entitled to the Presidential
Unit Citation, or correction of his records to show this unit award.

5.  The applicant’s service records show he is entitled to the Vietnam
Service Medal.  Therefore, he is entitled to correction of his records to
show this service medal.

6.  The applicant was awarded the Armed Forces Expeditionary Medal for
service in Vietnam prior to 3 July 1965.  Since he is not entitled to both
service medals as a result of his Vietnam service, and since he has no
other qualifying overseas service, his request for award of the Vietnam
Service Medal is being interpreted as a request for deletion of the Armed
Forces Expeditionary Medal.  Therefore, his records should be corrected to
show deletion of this service medal.

7.  Evidence of record shows the applicant participated in two Vietnam
campaigns.  As a result, he is entitled to award of two bronze service
stars, to be affixed to the Vietnam Service Medal, and correction of his
records to show these appurtenances.

8.  The applicant’s service records show he is entitled to the Republic of
Vietnam Campaign Medal with Device (1960).  Therefore, he is entitled to
correction of his records to show this foreign service medal.
9.  Special Orders show the applicant is entitled to the Expert
Marksmanship Badge with Rifle Bar.  Therefore, he is entitled to correction
of his records to show this marksmanship badge.

10.  Special Orders show the applicant is entitled to the Marksman
Marksmanship Badge with Carbine Bar.  Therefore, he is entitled to
correction of his records to show this marksmanship badge.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

___sk___  ___jtm___  ____rld__  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. showing award of the first award of the Good Conduct Medal, for the
period 10 February 1964 to 27 January 1967;


      b. showing award of two awards of the Valorous Unit Award;


      c. showing award of the Republic of Vietnam Gallantry Cross Unit
Citation with Palm;


      d. showing award of the Vietnam Service Medal with two bronze service
stars;


      e. deleting award of the Armed Forces Expeditionary Medal;


      f. showing award of the Republic of Vietnam Campaign Medal with Device
(1960);


      g. showing award of the Expert Marksmanship Badge with Rifle Bar; and
      h. showing award of the Marksman Marksmanship Badge with Carbine 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 Presidential Unit Citation.




            ______Stanley Kelley________
                    CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20050004734                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051115                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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