RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 September 2006
      DOCKET NUMBER:  AR20060002160


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Ms. Maribeth Love                 |     |Member               |
|     |Mr. Thomas M. Ray                 |     |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 records be corrected to show he was
awarded the Distinguished Flying Cross (1st Oak Leaf Cluster) and the Army
Good Conduct Medal.

2.  The applicant states he was told by his pilots that he would have a
second Distinguished Flying Cross.  His records show he received an oak
leaf cluster on 8 November 1968.  They also show he received the Army Good
Conduct Medal.

3.  The applicant provides an extract from the Annual Supplement, History
of the 191st Assault Helicopter Company, 214th Combat Aviation Battalion,
1st Aviation Brigade for the period 1 July 1968 through 31 December 1968;
and a DA Form 1577 (Authorization for Issuance of Awards) dated 9 November
1994.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 19 August 1969.  The application submitted in this case
is dated    19 January 2006.

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 requested correction of his records to show award of the
Distinguished Flying Cross (1st Oak Leaf Cluster).  There are no orders or
other evidence authorizing award of this decoration to the applicant.  The
applicant provided his unit’s Annual Supplement for the period 1 July 1968
through          31 December 1968; however, that document stated only that
the award was presented to the applicant.  In the absence of a proper award
authority for this decoration, the applicant may request award of the
Distinguished Flying Cross (1st Oak Leaf Cluster) under the provisions of
section 1130 of Title 10, U. S. Code.  He has been notified by separate
correspondence of the procedures for applying for this decoration under
section 1130 and, as a result, it will not be discussed further in this
Record of Proceedings.

4.  The applicant enlisted in the Regular Army on 18 October 1966.  He
completed basic combat training and advanced individual training (AIT) and
was awarded military occupational specialty 67A (Aircraft Maintenance
Apprentice).

5.  The applicant arrived in Vietnam and was assigned to the 506th Field
Depot from 29 January 1968 through 4 February 1968.  He was assigned to the
570th Supply Company from 5 February 1968 through 14 April 1968.  He was
assigned to the 821st Heavy Materiel Supply Company from 15 April 1968
through           10 June 1968.  He was assigned to the 191st Assault
Helicopter Company from 11 June 1968 until he departed Vietnam on 22
January 1969 after participating in five campaigns.

6.  The applicant was honorably released from active duty on 19 August 1969
in the rank of Specialist Five, E-5 after completing 2 years, 10 months,
and 2 days of creditable active service.  His DD Form 214 (Armed Forces of
the United States Report of Transfer or Discharge) shows he was awarded the
National Defense Service Medal, the Aircraft Crewman Badge, the Air Medal,
the Purple Heart, the Vietnam Service Medal with four bronze service stars,
the Army Commendation Medal, the Republic of Vietnam Campaign Medal, the
Distinguished Flying Cross, and the Marksman Marksmanship Qualification
Badge (Rifle).

7.  Headquarters, 12th Combat Aviation Group General Orders Number 3 dated
18 February 1969 awarded the applicant the Purple Heart (1st Oak Leaf
Cluster) for wounds received on 14 November 1968.

8.  Headquarters, 1st Aviation Brigade General Orders Number 756 dated
   15 February 1969 awarded the applicant the Air Medal (1st through 15th
Oak Leaf Clusters).

9.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows his
conduct and efficiency were rated as “excellent” throughout his enlistment
except for an “academic good” efficiency rating while in AIT.  There is no
evidence the applicant was disqualified by his chain of command from
receiving the Good Conduct Medal.

10.  Army Regulation 672-5-1, in effect at the time, provided policy and
criteria concerning individual military decorations.  It stated that the
Army Good Conduct Medal was awarded for each 3 years of continuous enlisted
active Federal military service completed on or after 27 August 1940 and,
for the first award only, upon termination of service on or after 27 June
1950 of less than 3 years but more than 1 year.  At the time, a Soldier’s
conduct and efficiency ratings must have been rated as “excellent” for the
entire period of qualifying service except that a service school efficiency
rating based upon academic proficiency of at least "good" rendered
subsequent to 11 November 1956 was not disqualifying.

11.  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 that, at the time of the
applicant's assignment to the 191st Assault Helicopter Company, it was
cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation for the period January through June 1969 by Department of the Army
General Orders (DAGO) Number 59 dated 1969.

12.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant’s assignment to the 191st Assault Helicopter Company, it was
cited for award of the Republic of Vietnam Civil Actions Honor Medal First
Class Unit Citation for the period 19 December 1969 through 28 June 1969 by
DAGO Number 59 dated 1969.

13.  Army Regulation 600-8-22 (Military Awards), 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, including the Vietnam Service Medal.  One silver service star will
be worn in lieu of five bronze service stars.

14.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was honorably released from active duty in the rank of
Specialist Five, E-5 with no record of disciplinary actions and no evidence
of record to show he was disqualified for award of the Army Good Conduct
Medal.  The “academic good” efficiency rating he received was not a
disqualifier.  Therefore, it appears he met the eligibility criteria for
the first award of the Army Good Conduct Medal.

2.  The evidence of record shows the applicant was awarded 16 awards of the
Air Medal.  His DD Form 214 should be amended to read Air Medal (16th
award).

3.  The evidence of record shows the applicant was awarded the Purple Heart
(1st Oak Leaf Cluster).  His DD Form 214 should be amended to read Purple
Heart (second award).

4.  The evidence of record shows the applicant participated in five
campaigns.  His DD Form 214 should be amended to read Vietnam Service Medal
with one silver service star.

5.  The evidence of record shows the applicant was assigned to a unit
during a period of time that unit was awarded the Republic of Vietnam
Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation.  These awards should be
added to his DD Form 214.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 19 August 1969; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on          18 August 1972.  Although the applicant did
not file within the 3-year statute of limitations, the evidence shows that
it would be in the interest of justice to excuse failure to timely file in
this case.

BOARD VOTE:

__jea___  __ml____  __tmr___  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:

     a.  awarding him the first award of the Army Good Conduct Medal for
the period 18 October 1966 through 19 August 1969;

     b.  amending his DD Form 214 to delete the Air Medal, the Purple
Heart, and the Vietnam Service Medal with four bronze service stars; and

     c.  amending his DD Form 214 to add the Air Medal (16th award), the
Purple Heart (2d award), the Vietnam Service Medal with one silver service
star, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and
the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation.




                                  __James E. Anderholm__
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060002160                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060919                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0056                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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