RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 August 2006
      DOCKET NUMBER:  AR20050016565


      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. Karl L. Briales               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Dale E. DeBruier              |     |Member               |
|     |Mr. James R. Hastie               |     |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 that his DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge) be corrected to show the award of
the Bronze Star Medal (BSM), Air Medal, Army Commendation Medal (ARCOM),
Good Conduct Medal (GCM), Aircraft Crewman Badge, Republic of Vietnam
Gallantry Cross with/Palm Unit Citation, Expert Marksmanship Badge with
Automatic Rifle Bar, and military occupational specialty (MOS) 69B20,
68B20, 67B20, 67T20.

2.  The applicant states that he is entitled to have his DD Form 214
corrected to show all his awards, medals, and accomplishments.

3.  The applicant provides the following:

      a.  copy of the BSM certificate awarding him the BSM.

      b.  copy of General Orders Number 306 awarding him the Air Medal.

      c.  copy of General Orders Number 5521 awarding him the ARCOM.

      d.  copy of DA Form 1577 (Authorization for Issuance of Awards).

      e.  copy of his DA Form 20 (Enlisted Qualification Record).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 29 May 1969.  The application submitted in this case is
dated
11 November 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 Board noted the applicant’s request for award of the Bronze Star
Medal.  The applicant's DD Form 214 (Armed Forces of the United States
Report of Transfer or Discharge) does not list the Bronze Star Medal as an
authorized award.  There is no evidence that he was awarded or was
recommended for award of the Bronze Star Medal.  The applicant has not
exhausted the administrative remedy available to him under the provisions
of Section 1130, Title 10, United States Code.  He has been notified by
separate correspondence regarding submission of recommendations for award
of the Bronze Star Medal under this provision of law.  As a result, award
of the Bronze Star Medal requested by the applicant is not discussed
further in these proceedings.

4.  The applicant's records show that he enlisted on 31 May 1966.  He
completed basic combat training and advanced individual training and was
awarded the military occupational specialty (MOS) 68B20 (Aircraft
Powerplant Repairer).  The applicant was assigned to the 199th Aviation
Company while in the Republic of Vietnam during the period 15 July 1967
through 11 July 1968.  He was honorably transferred to the U.S. Army
Reserve (USAR) Control Group, St. Louis, Missouri on 29 May 1969.

5.  Headquarters, 1st Aviation Brigade General Orders Number 306, dated
23 January 1968, shows the applicant was awarded the Air Medal for
meritorious achievement while participating in aerial flight in the
Republic of Vietnam.

6.  Headquarters, 1st Aviation Brigade General Orders Number 5521, dated
12 August 1968, shows the applicant was awarded the Army Commendation Medal
for meritorious service in connection with military operations against a
hostile force in the Republic of Vietnam for the period July 1967 to April
1968.

7.  Headquarters, 13th Combat Aviation (Delta) Battalion Special Orders
Number 187, dated 7 August 1967, shows the applicant was awarded the
Aircraft Crewman Badge (Permanent).

8.  There are no orders in the applicant's records which show he was
awarded the MOS 67T20 and 69B20.

9.  Headquarters, 13th Combat Aviation (Delta) Battalion Special Orders
Number 232, dated 27 September 1967, shows the applicant was awarded the
primary MOS of 67B20, and had withdrawn the primary MOS of 68B20.




10.  On 29 May 1969, the applicant was honorably transferred to the USAR
after completing 2 years, 11 months, and 29 days of active military
service.  The DD Form 214 he was issued contains the entry 67B20 Single
Engine Aircraft Mechanic in Item 23a (Specialty Number and Title).  The
applicant authenticated this document with his signature in Item 32
(Signature of Person Being Transferred or Discharged).

11.  Army Regulation 635-5 serves as the authority for the preparation of
the DD Form 214.  The regulation in effect at the time provided that only
the primary specialty and title would be reflected in block 23a.

12.  There are no orders in the applicant's records which show he was
awarded the Good Conduct Medal.

13.  The applicant's DA Form 20 shows he had a character and efficiency
rating of "excellent" throughout his service on active duty and had no
convictions by courts-martial.

14.  Army Regulation 672-5-1, in effect at the time when the service member
was discharged, required that throughout a qualifying period of service for
award of the Good Conduct Medal the enlisted person must have had all
“excellent” conduct and efficiency ratings and no convictions by a court-
martial.  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.  With the publication of the new Army Regulation 672-5-1, in 1974,
the requirement for all excellent conduct and efficiency ratings was
dropped and an individual was required to show that he/she willingly
complied with the demands of the military environment, had been loyal and
obedient, and faithfully supported the goals of his organization and the
Army.  Today, Army Regulation 600-8-22, which replaced Army Regulation
672-5-1, notes that there is no automatic entitlement to the Army Good
Conduct Medal and disqualification must be justified.  Current practice
requires that the commander provide written notice of nonfavorable
consideration and permits the individual to respond.

15.  Headquarters 55th Aviation Battalion Special Orders Number 44, dated
22 May 1967, shows the applicant was awarded the Expert Marksmanship
Qualification Badge with Rifle Bar (M-16), Expert Marksmanship
Qualification Badge with Machine-Gun Bar (M-60).

16.  Headquarters 189th Maintenance Battalion Special Orders Number 117,
dated 9 October 1968, shows the applicant was awarded the Sharpshooter
Marksmanship Qualification Badge with Rifle Bar (M-14).
17.  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 unit to which the applicant
was assigned, 199th Aviation Company, was cited for award of the Republic
of Vietnam Gallantry Cross with Palm Unit Citation based on Department of
the Army General Orders Number 21, dated 1969.

18.  The applicant provided a copy of DA Form 1577, from the Army Personnel
Center (ARPECEN) St. Louis, Missouri.  This form shows the applicant was
entitled/issued the following awards:

      a.  Army Commendation Medal.

      b.  National Defense Service Medal.

      c.  Vietnam Service Medal with 1 bronze service star.

      d.  Republic of Vietnam Campaign Ribbon with/Device (1960).

      e.  Aircraft Crewman Badge.

      f.  Expert Badge with/Auto Rifle Bar.

      g.  Sharpshooter Badge with/Rifle Bar.

      h.  Republic of Vietnam Gallantry Cross with/Palm Unit Citation.

19.  Review of the applicant's records indicates entitlement to additional
awards that are not shown on his DD Form 214.

20.  The applicant's records show that he was awarded the Vietnam Service
Medal.  However, his DD Form 214 does not show any bronze service stars
indicating campaign credit.  The applicant's records indicate he
participated in the Vietnam Counteroffensive, Phase III, IV, V, and the TET
Counteroffensive campaigns.

21.  Appendix B of Army Regulation 600-8-22 shows that the applicant
participated in four campaigns during his tour of duty in Vietnam.  This
same regulation states that a bronze service star will be awarded for wear
on the Vietnam Service Medal for participation in each campaign.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to correction of his DD Form
214 to show the Air Medal, Army Commendation Medal, Good Conduct Medal,
Aircraft Crewman Badge, Republic of Vietnam Gallantry Cross with/Palm Unit
Citation, Expert Marksmanship Badge with Rifle/Machine Gun Bar, and
military occupational specialties 69B20, 68B20, 67B20, 67T20.

2.  General Orders awarded the applicant the Air Medal and the Army
Commendation Medal.  Therefore, he is entitled to correction of his records
to show the award of the Air Medal and the Army Commendation Medal.

3.  Special Orders awarded the applicant the Aircraft Crewman Badge
(Permanent).  Therefore, he is entitled to correction of his records to
show this award.

4.  The evidence of record shows that the applicant had 2 years, 11 months,
and 29 days of creditable service at the time of discharge.  There is no
evidence of any convictions by courts-martial contained in the applicant’s
records.  Additionally, his DA Form 20 shows that he was rated “excellent”
in conduct and efficiency.  By regulation, he is entitled to correction of
his records to show award of the Good Conduct Medal.

5.  Special Orders show the applicant was awarded the Expert Marksmanship
Qualification Badge with Rifle Bar (M-16), Sharpshooter Marksmanship
Qualification Badge with Rifle Bar (M-14), and the Expert Marksmanship
Qualification Badge with Machine-Gun Bar (M-60).  Therefore, he is entitled
to correction of item 24 of his DD Form 214 to show these three
Marksmanship Qualification Badges.

6.  General Orders show the applicant was awarded the Republic of Vietnam
Gallantry Cross with Palm Unit Citation which is not shown on his
separation document.  Therefore, he is entitled to correction of his
records to show this foreign unit award.

7.  Records show that the applicant participated in four campaigns during
his service in Vietnam.  Therefore, he is entitled to award of four bronze
service stars to be affixed to his Vietnam Service Medal.



8.  The evidence of record, while showing that the applicant was awarded
the primary MOS 68B20, confirms his MOS 68B20 was withdrawn and he was
awarded the primary MOS 67B20 on 27 September 1967.  Therefore, the MOS
entry in Item 23a of his DD Form 214 is an accurate reflection of his
record.

9.  There are no orders or evidence in the available records and the
applicant has not provided sufficient evidence which shows that he was
awarded the MOS of 67T20, or 69B20; therefore, there is no basis to enter
the MOS 67T20, or 69B20 on his DD Form 214 at this time.

10.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 29 May 1969; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
28 May 1972.  Although the applicant did not file within the ABCMR’s
statute of limitations, it is appropriate to waive failure to timely file
based on the relief being granted.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__jea___  __ded___  __jrh___  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.  adding in item 24 the entry Air Medal;


      b.  adding in item 24 the entry Army Commendation Medal;

      c.  adding in item 24 the entry Good Conduct Medal for the period of
service 31 May 1969 through 29 May 1970;

      d.  adding in item 24 the entry Aircraft Crewman Badge (Permanent);
      e.  adding in item 24 the entry Expert Marksmanship Qualification
Badge with Rifle Bar (M-16);

      f.  adding in item 24 the entry Expert Marksmanship Qualification
Badge with Machine Gun Bar (M-60);

      g.  adding in item 24 the entry Sharpshooter Marksmanship
Qualification Badge with Rifle Bar (M-14);

      h.  adding in item 24 the entry Republic of Vietnam Gallantry Cross
with Palm Unit Citation;

      i.  adding in item 24 the entry four bronze service stars for wear on
his already awarded Vietnam Service Medal.

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
MOS 67B20, 67T20 and
69B20.



                                  James E. Anderholm
                            ______________________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050016565                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060808                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0018                                |
|2.                      |107.0020                                |
|3.                      |107.0056                                |
|4.                      |107.0118                                |
|5.                      |107.0108                                |
|6.                      |107.0094                                |


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