RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           29 November 2005
      DOCKET NUMBER:  AR20050005279


      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. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Stanley Kelley                |     |Chairperson          |
|     |Mr. Melvin H. Meyer               |     |Member               |
|     |Ms. LaVerne M. Douglas            |     |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, that Item 24 (Decorations, Medals,
Badges, Commendations, Citations and Campaign Ribbons Awarded or
Authorized) of his 8 June 1972 separation document (DD Form 214) be
corrected by adding the  Army Good Conduct Medal (AGCM), Republic of
Vietnam Gallantry Cross (RVNGC) with Palm Unit Citation, Republic of
Vietnam Campaign Medal (RVNCM), Presidential Unit Citation (PUC),
Meritorious Unit Commendation (MUC), Valorous Unit Award (VUA) and Air
Medal (3rd Award).

2.  The applicant states, in effect, the awards in question were left off
his
DD Form 214 when he separated from active duty.

3.  The applicant provides a copy of his DD Form 214 in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
that occurred on 8 June 1972.  The application submitted in this case is
dated 1 April 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 requests award of the Air Medal.  However, there are no
orders or other evidence on file in his Official Military Personnel File
(OMPF) that confirm he is entitled to this award.  In the absence of
authority for this award, he may request award of the Air Medal under the
provisions of Section 1130 of Title 10 of the United States Code (10 USC
1130).  The applicant has been notified by separate correspondence of the
procedures for applying for this award under
10 USC 1130.  As a result, his request for award of the Air Medal will not
be discussed further in this Record of Proceedings.

4.  The applicant’s military records show he enlisted in the Regular Army
and entered active duty on 8 December 1969.  He was trained in, awarded and
served in military occupational specialty 35C (Avionics Mechanic), and the
highest rank he attained while serving on active duty was specialist five
(SP5).

5.  The applicant’s Enlisted Qualification Record (DA Form 20) shows he
served in the Republic of Vietnam (RVN) from 23 August 1970 through 21
August 1971. During his RVN tour he was assigned to Company D, 101st
Aviation Battalion, 101st Airborne Division, performing duties in MOS 35K
as an avionics mechanic.

6.  Item 38 (Record of Assignments) of the applicant’s DA Form 20 shows
that he received “Excellent” conduct and efficiency ratings at each of his
active duty assignments.  His Military Personnel Records Jacket (MPRJ) is
void of any derogatory information, or of a unit commander disqualification
that would have prevented award of the AGCM.

7.  On 8 June 1972, the applicant was honorably separated after completing
2 years, 6 months and 1 day of active military service.  Item 24 of his DD
Form 214 shows that he earned the following awards during his tenure on
active duty:  National Defense Service Medal (NDSM); Vietnam Service Medal
with 1 bronze service star; RVN Campaign Medal with 60 Device; Army
Commendation Medal (ARCOM); 1 Overseas Bar; and Sharpshooter Qualification
Badge with Rifle Bar.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Chapter 4 prescribes the
policy for award of the AGCM.  It states, in pertinent part, that the AGCM
is awarded to individuals who distinguish themselves by their conduct,
efficiency and fidelity during a qualifying period of active duty enlisted
service.  This normal qualifying period is 3 years; however, for the first
award only, upon termination of service on or after 27 June 1950, a period
of more than 1 but less than 3 years is a qualifying period.   Although
there is no automatic entitlement to the AGCM, disqualification must be
justified.

9.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register) establishes the eligibility of individual members for campaign
participation credit, assault-landing credit, and unit citation badges
awarded during the Vietnam Conflict.  It confirms that during his tenure of
assignment in the RVN, the applicant’s unit (101st Aviation Battalion)
earned the VUA, RVNGC with Palm Unit Citation and RVN Civil Actions Honor
Medal First Class Unit Citation.  The applicant’s unit did not receive the
MUC or PUC during his tenure of assignment.
DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that AGCM, RVNGC with Palm Unit Citation,
RVNCM), PUC, MUC, and VUA should be added to his DD Form 214 was carefully
considered and found to have partial merit.

2.  The applicant's record confirms he received "Excellent" conduct and
efficiency ratings at all of his active duty assignments.  Further, the
record is void
of any derogatory information or a specific disqualification by any of the
active
duty unit commanders for whom he served.  As a result, it would be
appropriate
to award the applicant the first award of the AGCM, for his qualifying
period of honorable active duty service from 8 December 1969 through 8 June
1972, and to add this award to his record and separation document at this
time.

3.  The evidence of record also shows based on his service in the RVN, the
applicant is also entitled to the VUA, RVNGC with Palm Unit Citation and
RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, it
would also be appropriate to add these awards to his record and separation
document at this time.

4.  The applicant’s DD Form 214 already includes the RVNCM.  Therefore,
relief on this issue is not necessary.

5.  DA Pamphlet 672-3 confirms his unit did not receive the PUC or MUC
during his tenure of assignment.  As a result, there is an insufficient
evidentiary basis to grant the requested relief regarding these awards.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

___SK __  ___MHM_  __LMD _  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 awarding him the first
award of the Army Good Conduct Medal, for his qualifying active duty
service from 8 December 1969 through 8 June 1972; by showing he is entitled
to the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm
Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class
Unit Citation; and by providing him a correction to his separation document
that includes these changes.

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
adding the Presidential Unit Citation and Meritorious Unit Commendation to
Item 24 of his DD Form 214.




            ____Stanley Kelley_______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR                                      |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2005-11-29                              |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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