RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         10 January 2006
      DOCKET NUMBER:  AR20050006861


      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. Yvonne Foskey                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Kenneth L. Wright             |     |Chairperson          |
|     |Mr. Dale E. DeBruler              |     |Member               |
|     |Mr. Qawly A. Sabree               |     |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 the Air Medal (AM) be added to
his record and separation document (DD Form 214).

2.  The applicant states, in effect, he was awarded the AM while serving in
the Republic of Vietnam (RVN) and he would like to have this award added to
the list of awards contained on his DD Form 214.

3.  The applicant provides an AM Certificate and State of New York
Executive Department Division of Veterans' Affairs Letter in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 26 December 1969.  The application submitted in this case
is dated 29 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’s record shows that he was inducted into the United
States Army and entered active duty on 24 May 1968.  He was trained in,
awarded and served in military occupational specialty (MOS) 11B
(Infantryman), and the highest rank he attained while serving on active
duty was specialist four (SP4).

4.  The applicant’s Enlisted Qualification Record (DA Form 20) shows that
he served in the RVN from 13 December 1968 through 25 December 1969.
During his RVN tour, he was assigned to Company B and Headquarters and
Headquarters Company (HHC), 1st Battalion, 18th Infantry Regiment, 1st
Infantry Division, performing duties in MOS 11B, as a rifleman and
grenadier; and in MOS 05B (Radio Operator) as a senior radio operator.
5.  Item 38 of the applicant’s DA Form 20 shows that he received
"Excellent" conduct and efficiency ratings at each of his active duty
assignments.  Further, his Military Personnel Records Jacket (MPRJ)
contains no derogatory information and there is no documented record of a
disqualification from any of his active duty commanders that would have
precluded him from receiving the Army Good Conduct Medal (AGCM).

6.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows he
earned the following awards during his active duty tenure:  National
Defense Service Medal (NDSM); Vietnam Service Medal (VSM); Combat
Infantryman Badge (CIB); Purple Heart (PH); Vietnam Campaign Medal (VCM);
and
2 Overseas Bar.

7.  The applicant's Military Personnel Record Jacket (MPRJ) contains a copy
of Headquarters, 1st Infantry Division General Orders Number 16690, dated
4 December 1969.  These orders awarded the applicant the AM, for
meritorious achievement while participating in aerial flight during the
period 13 December 1968 through 16 April 1969.  It also contains a copy of
Headquarters, 1st Infantry Division General Orders Number 16689, dated 4
December 1969, which awarded him the second award of the AM for meritorious
achievement while participating in aerial flight on 17 April through 15
August 1969.

8.  On 26 December 1969, the applicant was honorably separated after
completing a total of 1 year, 7 months and 3 days of active military
service.  The DD Form 214 he was issued shows he earned the NDSM, VSM, VCM,
CIB, PH, and Bronze Star Medal (BSM).

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Chapter 4 of the awards
regulation 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 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, in which case a period of more
than 1 year is a qualifying period.  Although there is no automatic
entitlement to the AGCM, disqualification must be justified.

10.  Paragraph 2-13 of the awards regulation contains guidance on the VSM.
It states, in pertinent part, that a bronze service star is authorized with
this award for each campaign a member is credited with participating in
while serving in the RVN.

11.  Table B-1 of the awards regulation contains a list of RVN campaigns.
It shows that during the applicant’s tenure of assignment in the RVN,
campaign credit was authorized for the following four campaigns:  Vietnam
Counteroffensive Phase VI; Tet 69 Counteroffensive; Vietnam Summer-Fall
1969; and Vietnam Winter-Spring 1970.

12.  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 (1st Battalion, 18th Infantry)
earned the RVN Civil Actions Honor Medal First Class Unit Citation and RVN
Gallantry Cross with Palm Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to award of the AM was
carefully considered and found to have merit.  The applicant's record
contains orders awarding him the first and second award of the AM.
Therefore it would be appropriate to add these awards to his record and
separation document at this time.

2. The applicant's record also confirms that 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 24 May 1968 through 26 December
1969.

3.  The evidence or record also confirms that based on his service and
campaign participation in the RVN, the applicant is entitled to the RVN
Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal
First Class Unit Citation, and 4 bronze service stars with his VSM.
Therefore, it would also be appropriate to add these awards to his record
at this time.
BOARD VOTE:

___KLW_  ___DED_  __QAS__  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 showing he earned the Air Medal 2nd
Award; by awarding him the first award Army Good Conduct Medal; by showing
his entitlement to the Republic of Vietnam Gallantry Cross with Palm Unit
Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation, and 4 bronze service stars with his Vietnam Service Medal; and by
providing him with a correction to this separation document that includes
these awards.




                            _____Kenneth L. Wright____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050006861                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2006/01/10                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1969/12/26                              |
|DISCHARGE AUTHORITY     |AR635-200 . . . . .                     |
|DISCHARGE REASON        |Chapter 5                               |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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