RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          20 December 2005
      DOCKET NUMBER:  AR20050006450


      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             |
|     |Ms. Wanda L. Waller               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James Hise                    |     |Chairperson          |
|     |Mr. Ronald Blakely                |     |Member               |
|     |Ms. Jeanette McCants              |     |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 Vietnam Service Medal,
the Combat Infantryman Badge, the National Defense Service Medal, two
awards of the Air Medal, and the Vietnam Campaign Medal.

2.  The applicant states he served two tours in Vietnam from January 1962
to January 1963 and from 1963 to 1964.

3.  The applicant provides an award certificate and citation for the Air
Medal for the period 16 April 1962 to 30 July 1962; orders and an award
certificate for the Air Medal for the period 21 November 1963 to 17 January
1964; a newspaper article; a Texas driver license; four personal accounts
of his combat experiences in Vietnam; a DD Form 214 (Report of Transfer or
Discharge); and a DD Form 215 (Correction to DD Form 214).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
9 March 1964.  The application submitted in this case is dated 12 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 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 enlisted on 23 March 1961 for a period of 3 years.  He
successfully completed basic combat training and advanced individual
training (AIT) in military occupational specialty (MOS) 670.00 (aircraft
maintenance).  He served as a helicopter mechanic assigned to the 93rd
Transportation Company in Vietnam from 16 December 1961 through 8 December
1962.  He served as a helicopter mechanic assigned to the 120th Aviation
Company in Vietnam from
13 October 1963 through 8 March 1964.  On 9 March 1964, the applicant was
released from active duty.

4.  The applicant’s DD Form 214 shows the Armed Forces Expeditionary Medal
(Vietnam), the Good Conduct Medal, the Marksman Marksmanship Qualification
Badge with Rifle Bar, and the Expert Marksmanship Qualification Badge with
Carbine Bar as authorized awards.

5.  A DD Form 215, dated 26 September 1976, amended the applicant’s DD Form
214 to show award of the Air Medal.

6.  There are no orders for the Combat Infantryman Badge in the applicant's
service personnel records.

7.  There are no orders for the Air Medal for the period 16 April 1962 to
30 July 1962 in the available records.  However, the applicant’s service
personnel records contain a letter, dated 12 January 1963, from the
Adjutant General, United States Army which is titled “Presentation of
Decoration” and indicates the applicant was awarded the Air Medal for the
period 16 April 1962 to 30 July 1962 in Vietnam.  This letter also states,
in pertinent part, “Announcement of the award will appear in Department of
the Army General Orders.”  The applicant also provided an award certificate
for the Air Medal for the period 16 April 1962 to
30 July 1962.

8.  Headquarters, United States Army Support Command, Vietnam General
Orders Number 213, dated 1 May 1964, show the applicant received the Air
Medal for the period 21 November 1963 to 17 January 1964.

9.  Department of the Army General Orders Number 8, 1974, announced award
of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to
Headquarters, U.S. Military Assistance Command and its subordinate units
during the period 8 February 1962 to 28 March 1973 and to Headquarters,
U.S. Army Vietnam and its subordinate units during the period 20 July 1965
to
28 March 1973.

10.  On 29 November 2005, the applicant was advised that no person would be
entitled to both the Armed Forces Expeditionary Medal and the Vietnam
Service Medal for Vietnam service and that he was entitled to request that
the Armed Forces Expeditionary Medal be removed from his records and
authorized the Vietnam Service Medal instead.  On 6 December 2005, the
applicant responded and indicated that he would like to leave the Armed
Forces Expeditionary Medal on his DD Form 214.  Therefore, this portion of
the applicant's request will not be discussed further in these Proceedings.

11.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat
Infantryman Badge is awarded to infantry officers and to enlisted and
warrant officer persons who have an infantry MOS.  They must have served in
active ground combat while assigned or attached to an infantry unit of
brigade, regimental or smaller size.  The Awards Branch of the U.S. Army
Human Resources Command has advised, in similar cases, that during the
Vietnam era the Combat Infantryman Badge was awarded only to enlisted
individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

12.  Army Regulation 600-8-22 provides, in pertinent part, that the
National Defense Service Medal is awarded for honorable active service for
any period between 27 July 1950 through 27 July 1954, 1 January 1961
through 14 August 1974, 2 August 1990 through 30 November 1995, and 11
September 2001 to a date to be determined.

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

14.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Vietnam Campaign Medal.  This medal was awarded by the Government of
Vietnam 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 and 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 Vietnam Campaign Medal.

15.  Army Regulation 600-8-22 provides, in pertinent part, that the
Aircraft Crew Member Badge may be permanently awarded for successful
completion of formal AIT in career management field 67 MOSs.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant held and served in MOS 670.00
during his assignments in Vietnam.  There is no evidence of record which
shows the applicant held an infantry MOS or served in active ground combat
while an assigned member of an infantry unit of brigade or smaller size in
Vietnam.  Therefore, there is insufficient evidence on which to base award
of the Combat Infantryman Badge in this case.

2.  The applicant served a period of qualifying service for award of the
National Defense Service Medal and the Vietnam Campaign Medal.

3.  The 12 January 1963 Adjutant General’s letter and the citation for the
Air Medal for the period 16 April 1962 to 30 July 1962 are accepted as
sufficient evidence on which to base one award of the Air Medal.  Orders
show the applicant received a second award of the Air Medal for the period
21 November 1963 to 17 January 1964.  Therefore, the applicant’s DD Form
214 should be corrected to show the Air Medal with Numeral “2.”

4.  Since the applicant completed AIT in a career management field 67 MOS,
he is entitled to award of the Aircraft Crew Member Badge.

5.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was
awarded to all units which served in Vietnam.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

JH_____  RB______  _JM_____  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 amending his DD Form
214 to show that he was awarded the National Defense Service Medal, the Air
Medal with Numeral “2,” the Vietnam Campaign Medal, the Aircraft Crew
Member Badge, and the Republic of Vietnam Gallantry Cross with Palm Unit
Citation.

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 Combat Infantryman Badge.



            __James Hise__________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050006450                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051220                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]