RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 August 2006
      DOCKET NUMBER:  AR20060002424


      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:

|     |Ms. Linda Simmons                 |     |Chairperson          |
|     |Mr. John Meixell                  |     |Member               |
|     |Mr. Jerome Pionk                  |     |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, correction of his DD Form 214
(Report of Transfer or Discharge) for the period ending 26 August 1968 to
show a second award of the Air Medal with “V” Device, the Good Conduct
Medal, and the Aviation Badge (formerly known as the Aircraft Crew Member
Badge).  He also requests that he be awarded secondary military
occupational specialty (MOS) 67A1F (door gunner).

2.  The applicant states his second award of the Air Medal with “V” Device
and the Good Conduct Medal are not noted on his DD Form 214.  He also
states he was a door gunner from May 1967 to November 1967 and that he is
entitled to secondary MOS 67A1F and award of the Aviation Badge.

3.  The applicant provides orders for two awards of the Air Medal with “V”
Device; a copy of his DA Form 20 (Enlisted Qualification Record); a letter,
dated
21 October 2005, from the National Personnel Records Center, St. Louis,
Missouri; and a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
26 August 1968.  The application submitted in this case is dated 1 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 was inducted on 2 November 1965.  He was honorably
discharged on 8 November 1965 for immediate enlistment in the Regular Army.
 He enlisted on 9 November 1965 for a period of 3 years.  He successfully
completed basic combat training and advanced individual training (AIT) in
MOS 45J (aircraft armament repairman).

4.  The applicant arrived in Vietnam on 26 November 1966.  He served in MOS
45J assigned to Company D, 229th Aviation Battalion of the 1st Cavalry
Division in Vietnam from 1 December 1966 through 25 November 1967.  Item 38
(Record of Assignments) on the applicant’s DA Form 20 shows his duty MOS
was 45J20 and his principal duty was door gunner during the period 18 May
1967 to           21 November 1967 in Vietnam.

5.  On 26 August 1968, the applicant was released from active duty in the
rank of specialist five after completing a total of 2 years, 9 months, and
23 days of creditable active service with no time lost.

6.  The applicant’s DD Form 214 for the period ending 26 August 1968 shows
the National Defense Service Medal, the Vietnam Service Medal with two
bronze service stars, the Republic of Vietnam Campaign Medal with Device
1960, the Air Medal with Sixteenth Oak Leaf Cluster with “V” Device, two
awards of the Overseas Service Bar, and the Expert Marksmanship
Qualification Badge with Rifle Bar (M-14 and M-16) as authorized awards.
Item 23a (Specialty Number
& Title) on his DD Form 214 shows the entry, 45J20 Acft Arm Rpmn” [aircraft
armament repairman].

7.  Headquarters, 1st Cavalry Division (Airmobile) General Orders Number
5274, dated 8 September 1967, show the applicant received the basic award
of the Air Medal.

8.  Headquarters, 1st Cavalry Division (Airmobile) General Orders Number
6424, dated 19 October 1967, show the applicant received the Air Medal with
First Oak Leaf Cluster with “V” Device for heroism while under fire on 17
September 1967 in Vietnam.

9.  Headquarters, 1st Cavalry Division (Airmobile) General Orders Number
7346, dated 13 December 1967, show the applicant received the Air Medal
(Second through Sixteenth Oak Leaf Clusters).

10.  Headquarters, 1st Cavalry Division (Airmobile) General Orders Number
6435, dated 27 June 1968, show the applicant received the Air Medal with
“V” Device for heroism while under fire on 9 August 1967 in Vietnam (his
18th award of the Air Medal).

11.  There is no evidence the applicant received the first award of the
Good Conduct Medal.  There also is no evidence the applicant was
disqualified by his chain of command from receiving the Good Conduct Medal.
 His records do not contain any adverse information and he received conduct
and efficiency ratings of “excellent” throughout his service.

12.  There are no orders which show the applicant was awarded MOS 67A1F.

13.  There are no orders for the Aircraft Crew Member Badge in the
applicant’s service personnel records.

14.  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 applicant's unit is entitled
to award of the Presidential Unit Citation for actions during the period 25
August 1966 to
26 January 1967 based on Department of the Army General Orders Number
2, dated 1973.

15.  Department of the Army Pamphlet 672-3 shows the applicant's unit is
entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation based on Department of the Army General Orders Number 59, dated
1969.

16.  Army Regulation 600-8-22 (Military Awards) 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.

17.  Army Regulation 600-8-22 provides, in pertinent part, that the
Aircraft Crew Member Badge (i.e., the Aviation Badge) may be permanently
awarded for successful completion of formal AIT in career management field
67 MOSs.  Paragraph 8-25a(3) states that an individual who has participated
in at least      15 combat missions under probable exposure to enemy fire
while serving in a principal duty outlined in paragraph a(1) above (which
includes gunner), is permanently authorized to wear the Aircraft Crew
Member Badge (i.e., the Aviation Badge).

18.  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 22 November 1955 was
not disqualifying.  However, there was no right or entitlement to the medal
until the immediate commander made positive recommendation for its award
and until the awarding authority announced the award in General Orders.

19.  Army Regulation 635-5 (Separation Documents) established the
standardized policy for preparing and distributing the DD Form 214.  The
regulation provides, in pertinent part, that the primary MOS and all
additional military occupational specialties served in for a period of one
year or more, during the Soldier’s continuous active military service will
be entered in item 23a.

DISCUSSION AND CONCLUSIONS:

1.  Orders correctly show the applicant received the basic award of the Air
Medal and his first award of the Air Medal with First Oak Leaf Cluster with
“V” Device.

2.  However, Headquarters, 1st Cavalry Division (Airmobile) General Orders
Number 6435, dated 27 June 1968, show the applicant received the Air Medal
with “V” Device for heroism on 9 August 1967 in Vietnam.  This was his 18th
award of the Air Medal.  Therefore, the applicant’s DD Form 214 for the
period ending 26 August 1968 should be corrected to show the Air Medal with
Numeral 18 with “V” Device.  There is no regulatory provision for showing
the Air Medal (or any other award) with two “V” devices on the DD Form 214.

3.  The applicant was separated in the rank of specialist five with almost
34 months of creditable active service with no time lost.  Therefore, it
appears the applicant met the eligibility criteria for the first award of
the Good Conduct Medal for the period 2 November 1965 through 26 August
1968 based on completion of a period of qualifying service ending with the
termination of a period of Federal military service.

4.  It is acknowledged that the applicant’s DA Form 20 shows his principal
duty was door gunner during the period 18 May 1967 to 21 November 1967.
However, at this point in time, the Board will not make a determination
that the applicant should be awarded MOS 67A1F when his commander at the
time did not do so.

5.  Evidence of record shows the applicant received 18 awards of the Air
Medal. Two of those awards were for heroism while participating in aerial
flight, under fire, while serving as a door gunner.  Based on the
foregoing, it is reasonable to presume that the other 16 awards of the Air
Medal were awarded during periods he was also under fire.  Therefore, those
Air Medal awards are accepted as sufficient evidence to show that he
participated in at least 15 combat missions under probable exposure to
enemy fire while serving as a gunner and are accepted as sufficient
evidence on which to base award of the Aviation Badge.

6.  The applicant’s unit was cited for the Presidential Unit Citation and
the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he
was assigned to it.

7.  Records show the applicant should have discovered the alleged errors
now under consideration on 26 August 1968; therefore, the time for the
applicant to file a request for correction of any error expired on 25
August 1971.  The applicant did not file within the 3-year statute of
limitations; however, based on the available evidence it would be in the
interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

LS_____  __JM____  _JP_____  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.  awarding him the first award of the Good Conduct Medal for the
period 2 November 1965 through 26 August 1968; and

      b.  amending his DD Form 214 to add the Good Conduct Medal and to show
that he was awarded the Air Medal with Numeral 18 with “V” Device, the
Aviation Badge, the Presidential Unit Citation, 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
a secondary MOS.




                            __Linda Simmons_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060002424                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060822                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0000                                |
|2.                      |100.0500                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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