RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 February 2007
      DOCKET NUMBER:  AR20060010593


      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. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Hubert O. Fry                 |     |Chairperson          |
|     |Mr. William F. Crain              |     |Member               |
|     |Mr. Dale E. DeBruler              |     |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 he be awarded the 1st and 2nd
Award of the Air Medal (AM).

2.  The applicant states, in effect, he was awarded the AM in 1968, but it
was not included in the list of awards contained on his separation document
(DD Form 214) or on the separation document correction (DD Form 215) issued
in 1985.  He states that based on his completion of 51.4 flying hours, he
should receive the 1st and 2nd Award of the AM based on the 25 flying
requirement for each.

3.  The applicant provides a DD Form 214, DD Form 215, and flight record in
support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 11 January 1968, the date of his separation.  The
application submitted in this case is dated 10 June 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's record shows that he enlisted in the Regular Army and
entered active duty on 30 January 1965.  He was trained in, awarded, and
served in military occupational specialty (MOS) 26E (Airborne Radar
Specialist), and the highest rank he attained while serving on active duty
was specialist five (SP5).

4.  The applicant's Enlisted Qualification Record (DA Form 20) shows that
he served in the Republic of Vietnam (RVN) from 7 July 1967 through
9 January 1968.  Item 38 (Record of Assignments) shows that during his RVN
tour, he was assigned to the 244th Aviation Company, performing duties in
MOS 26E as a senior radar specialist.  Item 38 also shows that he received
no less than "Excellent" conduct and efficiency ratings at all of his
active duty assignments.
5.  The applicant's Military Personnel Records Jacket (MPRJ) is void of any
derogatory information, or a unit commander disqualification that would
have precluded the applicant from receiving the Army Good Conduct Medal
(AGCM).  It also contains 1st Aviation Brigade General Orders Number 51,
dated 4 January 1968, which awarded the applicant the AM for the period 29
August through
13 December 1967.

6.  On 11 January 1968, 13 April 1970, the applicant was honorably
separated after completing 2 years, 11 months, and 12 days of active
military service.  Item 24 (Decorations, Medals, Badges, Commendations,
Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he
was issued at the time shows he earned the National Defense Service Medal,
Vietnam Service Medal (VSM), and RVN Campaign Medal during his active duty
tenure.

7.  On 30 April 1985, a DD Form 215 was issued by The Adjutant General,
which amended Item 24 of the applicant's DD Form 214 by adding the RVN
Campaign Medal with Device, Overseas Service Bar 1st and Overseas Service
Bar (2nd).

8.  The applicant provides Individual Flight Records for the period January
through October 1967 and October through December 1967.  These records show
he accrued 51.4 combat flight time hours as a crewmember between August and
December 1967.

9.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards
policy.  Paragraph 2-13 provides guidance on the VSM.  It states, in
pertinent part, that a bronze service star is authorized with his award for
each RVN campaign a member is credited with participating in.  A silver
service star is used in lieu of 5 bronze service stars to denote
participation in five campaigns.

10.  Paragraph 3-15 of the awards regulation contains guidance on the AM.
It states, in pertinent part, that it 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, for example personnel in the attack elements of units involved in
air-land assaults against an armed enemy.  The version of the regulation in
effect at the time the applicant served stated that an Oak Leaf Cluster
would be awarded to denote the second and subsequent awards of the AM.
11.  United States Army Vietnam (USARV) Regulation 672-1 (Decorations and
Awards) provided local USARV awards policy.  It also established guidelines
for award of the AM in the RVN.  It defined terms and provided guidelines
for the award based upon the number and types of missions or hours.  Twenty-
five Category I missions (air assault and equally dangerous missions) and
accrual of a minimum of 25 hours of flight time while engaged in Category I
missions was the standard established for which sustained operations were
deemed worthy of recognition by an award of the AM.  It further indicated
that combat missions were divided into three categories.

12.  The same regulation defined a Category I mission as a mission
performed in an assault role in which a hostile force was engaged and was
characterized by delivery of ordnance against the hostile force, or
delivery of friendly troops or supplies into the immediate combat
operations area.  A Category II mission was characterized by support
rendered a friendly force immediately before, during or immediately
following a combat operation.  A Category III mission was characterized by
support of friendly forces not connected with an immediate combat operation
but which must have been accomplished at altitudes which made the aircraft
at times vulnerable to small arms fire, or under hazardous weather or
terrain conditions.  It also stipulated that to be recommended for award of
the Air Medal, an individual must have completed a minimum of
25 Category I missions, 50 Category II missions or 100 Category III
missions.  Since various types of missions would have been completed in
accumulating flight time toward award of an Air Medal for sustained
operations, different computations would have had to be made to combine
Category I, II and III flight time and adjust it to a common denominator.

13.  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.

14.  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 (244th Aviation Company) earned
the RVN Gallantry Cross with Palm Unit Citation.
15.  Army Pamphlet 672-3 also shows that during the period of the
applicant's assignment to the RVN, participation credit was granted for the
Vietnam Counteroffensive Phase III campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to two awards of the AM
based on his combat flight hours in the RVN was carefully considered and
found to have partial merit.  The evidence of record confirms the applicant
was awarded the basic, or 1st Award, of the AM for the period 19 August
through 13 December 1967.

2.  The flight records provided by the applicant confirm he accrued 51.4
hours of combat flying hours during the period August through December
1967, while serving in the RVN.  However, these flight records do not
identify the number and category of missions represented by these flight
hours.

3.  Given the exact number of AMs to which the applicant is entitled cannot
be established by the flight records he provides, and because he was
awarded the basic AM for the period 29 August through 13 December 1967,
during which he accrued 51.4 hours of flying hours by his own account.  As
a result, it is logical to conclude that he was participating in Category
II missions, which required
50 flying hours for each award of the AM.  Therefore, it would be
appropriate to add the AM to his record and separation document; however,
there is insufficient evidence to support a second award of the AM.

4.  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 from 30 January 1965 through 11
January 1968.

5.  The evidence of record also shows that based on his service and
campaign participation in the RVN, he is also entitled to the RVN Gallantry
Cross with Palm Unit Citation and 1 bronze service star with his VSM.
Thus, it would also be appropriate to add these awards to his record at
this time.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___HOF _  __WFC _  __DED__  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.  showing his entitlement to the Air Medal, Republic of Vietnam
Gallantry Cross with Palm Unit Citation, and 1 bronze service star with his
Vietnam Service Medal and by awarding him the Army Good Conduct Medal, for
his qualifying honorable active duty service from 30 January 1965 through
11 January 1968;

      b.  amending Item 24 of his 11 January 1968 DD Form 214, as amended
by the 30 April 1985 DD Form 215, by deleting the current list of awards
and replacing it with the entry "National Defense Service Medal, Air Medal,
Vietnam Service Medal with 1 bronze service star, Republic of Vietnam
Campaign Medal with 1960 Device, Republic of Vietnam Gallantry Cross with
Palm Unit Citation, Expert Marksmanship Qualification Badge with Rifle (M-
14) Bar, and 2 Overseas Bars; and

      c.  providing him a correction to his DD Form 214 that reflects these
changes.

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
award of a second or subsequent awards of the Air Medal.




                            _____Hubert O. Fry______
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060010593                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/02/13                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1968/01/11                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |OS Rtn                                  |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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