RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 September 2007
      DOCKET NUMBER:  AR20070009950


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Jeffrey C. Redmann            |     |Chairperson          |
|     |Mr. John G. Heck                  |     |Member               |
|     |Mr. Qawiy A. Sabree               |     |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 the Bronze Star Medal (BSM) and

Air Medal (AM) with Oak Leaf Clusters be added to his separation document
(DD Form 214).

2.  The applicant states, in effect, he can only assume that poor record
keeping was the reason the BSM and AM he received were not added to his DD
Form 214.

3.  The applicant provides the following documents in support of his
application:  DD Form 214; BSM Citation and Certificate;  AM Citation and
Certificate; and Flight Record (DA Form 759).

CONSIDERATION OF EVIDENCE:

1.  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 also allows the
Army Board for Correction of Military Records (ABCMR) to excuse an
applicant’s failure to timely file within the 3-year statute of limitations
if the ABCMR determines it would be in the interest of justice to do so.
While it appears the applicant did not file within the time frame provided
in the statute of limitations, the ABCMR has elected to conduct a
substantive review of this case and, only to the extent relief, if any, is
granted, has determined it is in the interest of justice to excuse the
applicant’s failure to timely file.  In all other respects, there are
insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's record shows that he enlisted in the Regular Army and
entered active duty on 24 July 1967.  He was trained in and awarded
military occupational specialty (MOS) 67U (CH-47 Helicopter Repairer), and
specialist five (SP5) is the highest rank he attained while serving on
active duty.

3.  The applicant's Enlisted Qualification Record (DA Form 20) shows that
he served in the Republic of Vietnam (RVN) from 14 March 1968 through
20 October 1969.  Item 38 (Record of Assignments) shows that during his RVN
tour, he was assigned to the 200th Assault Support Helicopter Company from
29 March through 31 July 1968, and to Company A, 159th Aviation Battalion
(Airmobile) from 1 August 1968 through 13 October 1969, performing duties
in MOS 67A and 67U as a helicopter mechanic and flight engineer.  Item 38
also shows that the applicant received no less than "Excellent" conduct and
efficiency ratings at all of his active duty assignments.
4.  The applicant's Military Personnel Records Jacket (MPRJ) contains
Headquarters, 1st Aviation Brigade General Orders (GO) Number 4338, dated
3 July 1968, which awarded the applicant the AM, for the period 3 to 25 May
1968.  It also contains Headquarters, 101st Airborne Division GO Number
145, dated 7 January 1969, which awarded the applicant the BSM, for
meritorious service during the period 1 April through 20 November 1968.

5.  The applicant's MPRJ is void of derogatory information or a unit
commander disqualification that would have precluded the applicant from
receiving the Army Good Conduct Medal (AGCM).

6.  On 23 July 1970, the applicant was honorably separated after completing

2 years of active military service.  Item 24 (Decorations, Medals, Badges,
Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows
he earned the following awards during his active duty tenure:  National
Defense Service Medal; Army Commendation Medal; Vietnam Service Medal; RVN
Campaign Medal with Device (1960); Aircraft Crewmember Badge; Expert
Marksmanship Qualification Badge with Rifle (M-14) Bar; and Sharpshooter
Marksmanship Qualification Badge with Rifle (M-16) Bar.

7.  The applicant provides a DA Form 759 that shows he accrued 475 hours of
flight time between July 1968 and June 1969, while serving in the RVN.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-13 contains
guidance on the Vietnam Service Medal.  It states, in pertinent part, that
a bronze service star is authorized with this award for each RVN campaign a
member is credited with participating in.  A silver service star was issued
in lieu of 5 bronze service stars to denote participation in five
campaigns.

9.  Table B-1 of the awards regulation contains a list of RVN campaigns.
It shows that during the applicant’s tenure of assignment, campaign credit
was awarded for the Tet Counteroffensive; Vietnam Counteroffensive Phase
IV; Vietnam Counteroffensive Phase V; Vietnam Counteroffensive Phase VI;
Tet 69 Counteroffensive, 1969; and Vietnam Summer-Fall 1969 campaigns.

10.  Paragraph 2-14 of the awards regulation contains guidance on the AM.
It states, that it is awarded to members who distinguish themselves by
meritorious achievement while participating in aerial flight.  Awards may
be made to recognize single acts of merit or heroism, or for meritorious
service.  This
regulation further 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.

11.  United States Army Vietnam (USARV) Regulation 672-1 (Decorations and
Awards) provided specific awards policy for the RVN, which included
guidelines for the AM.  It established that passenger personnel who did not
participate in an air assault were not eligible for the award based upon
sustained operations.  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.

12.  The USARV awards regulation divided combat missions into three
categories.  A category I mission was defined 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.  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 Army Regulation 600-8-22 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 units (200th Aviation Battalion and
159th Aviation Battalion) received the RVN Gallantry Cross with Palm Unit
Citation and the RVN Civil Actions Honor Medal First Class Unit Citation.


DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the BSM and AM with Oak Leaf Clusters
he earned were erroneously omitted from his DD Form 214 was carefully
considered and found to have merit.  His MPRJ contains orders for both the
BSM and AM.  In addition,  based on assignment to an assault support
helicopter unit and his flight record, it is reasonable to presume he flew
Category I missions and is entitled to 9 additional awards of the AM based
on his accrual of 465 combat flight hours between July 1968 and June 1969.
Therefore, it would be appropriate to add the BSM and AM with Numeral 9 to
the list of awards contained on his DD form 214 at this time.

2.  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 unit commander disqualification
that would have precluded him from receiving the AGCM.  Therefore, it would
be appropriate to award the applicant the AGCM, for his qualifying period
of honorable active duty service from 24 July 1967 through 23 July 1970.

3.  The record also shows that based on his RVN service and campaign
participation, the applicant is also entitled to the RVN Gallantry Cross
with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit
Citation and 1 silver service star and 1 bronze service stars with his
Vietnam Service Medal.  Therefore, it would also be appropriate to add
these awards to his record and separation document at this time.

BOARD VOTE:

__JCR __  __JGH __  __QAS__  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.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by
awarding him the Army Good Conduct Medal for his qualifying honorable
active duty service from 24 July 1967 through 23 July 1970; by amending
Item 24 of his 23 July 1970 DD Form 214 by deleting the current list of
awards and replacing it with the entry "National Defense Service Medal,
Bronze Star Medal, Army Commendation Medal, Air Medal with Numeral 9, Army
Good Conduct Medal, Vietnam Service Medal with 1 silver service star and 1
bronze service star, Republic of Vietnam Campaign Medal with Device (1960),
Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation, Aircraft
Crewmember Badge, Expert Marksmanship Qualification Badge with Rifle (M-14)
Bar, and Sharpshooter Marksmanship Qualification Badge with Rifle (M-16)
Bar; and by providing him a correction to his separation document that
includes these changes.




                                  ______Jeffrey C. Redmann____
                                             CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070009950                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/12/DD                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1970/07/23                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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