RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 February 2007
      DOCKET NUMBER:  AR20060010412


      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. Jeffrey C. Redmann            |     |Chairperson          |
|     |Mr. David K. Haasenritter         |     |Member               |
|     |Mr. Ronald D. Gant                |     |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 amended to add the Air Medal (2d
and 3d award).

2.  The applicant states that he was awarded the Air Medal (2d and 3d
award).

3.  The applicant provides an award certificate for the 2d and 3d awards of
the Air Medal, a citation for the 2d and 3d awards of the Air Medal, and
his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on   21 January 1972.  The original application submitted in this
case was dated        17 May 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 enlisted in the Regular Army on 5 January 1970.  He
completed basic combat training and advanced individual training and was
awarded military occupational specialty 67U (CH-47 Helicopter Repairman).

4.  The applicant arrived in Vietnam and was assigned to the 180th Aviation
Company on 19 February 1971.  He performed duties as a CH-47 helicopter
repairman and as a flight engineer.

5.  Headquarters, 1st Aviation Brigade General Orders Number 4208 dated
  24 May 1971 awarded the applicant the basic Air Medal for the period 27
March to 13 April 1971.

6.  The applicant departed Vietnam on 14 January 1972 after participating
in three campaigns.

7.  The applicant was honorably released from active duty on 23 January
1972 in the rank and grade of Specialist, E-5 after completing 2 years and
19 days of creditable active service.  His DD Form 214 shows he was awarded
the National Defense Service Medal, the Vietnam Service Medal, the Air
Medal, the Aircraft Crewman Badge, the Republic of Vietnam Campaign Medal
with 1960 device, and the Expert Marksmanship Qualification Badge (M-16).

8.  The applicant provided an award certificate, dated 30 June 1972 and
signed by the Brigade Commander, which shows he was awarded the Air Medal
(2d and 3d award) for the period 1 November 1971 to 6 January 1972 by the
1st Aviation Brigade.  He provided the related award citation.  General
orders are not available.

9.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he
received “excellent” conduct and efficiency ratings throughout his
enlistment.  His records contain no adverse information.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, that the Air Medal is awarded in time of war for heroism and for
meritorious achievement or service while participating in aerial flight.
This award is primarily intended for personnel on flying status but may
also be awarded to those personnel whose combat duties require them to fly.
 As with all personal decorations, formal recommendations, approval through
the chain of command, and announcement in orders are required.

11.  Army Regulation 600-8-22, 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.

12.  Army Regulation 672-5-1, in effect at the time, provided policy and
criteria concerning individual military decorations.  It stated 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.

13.  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.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarding the applicant the Air Medal (2d and 3d award)
are not available.  However, the applicant provided not only a citation for
these awards but also a signed award certificate.  The award certificate
was signed several months after the applicant was released from active
duty.

2.  The applicant was a helicopter repairman assigned to an aviation
company in Vietnam.  His DA Form 20 shows he performed duties as a
helicopter repairman and as a flight engineer.  1st Aviation Brigade
general orders show he was awarded the basic Air Medal for the period 27
March to 13 April 1971.  He departed Vietnam in January 1972 during a
period when American units there were rapidly preparing for departure.

3.  Given the above, it is conceivable to believe the applicant was awarded
the Air Medal (2d and 3d award) and that orders were not published due to
an administrative oversight.  Any reasonable doubt should be resolved in
favor of the applicant.

4.  The applicant was honorably released from active duty, in the rank and
grade of E-5, after completing more than 2 years of creditable active
service.  He received “excellent” conduct and efficiency ratings throughout
his enlistment and had no record of adverse information.  It appears he met
the eligibility criteria for award of the Army Good Conduct Medal for the
period 5 January 1970 through 23 January 1972.

5.  The applicant met the eligibility criteria to wear three bronze service
stars on his Vietnam Service Medal.

6.  All units in Vietnam were awarded the Republic of Vietnam Gallantry
Cross with Palm Unit Citation.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 23 January 1972; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on         22 January 1975.  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:

__jcr____  __dkh___  __rdg___  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 the applicant the first award of the Army Good Conduct
Medal for the period 5 January 1970 through 23 January 1972; and

     b.  amending his DD Form 214 to show he was awarded the Air Medal
(third award); to add the Army Good Conduct Medal (first award), and the
Republic of Vietnam Gallantry Cross with Palm Unit Citation; and to show he
is eligible to wear three bronze service stars on his already-awarded
Vietnam Service Medal.




                            __Jeffrey C. Redmann__
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060010412                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070208                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |110.04                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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