RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        6 April 2006
      DOCKET NUMBER:  AR20050010027


      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. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. Paul M. Smith                 |     |Chairperson          |
|     |Ms. Carmen Duncan                 |     |Member               |
|     |Ms. Brenda K. Koch                |     |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 all awards approved after his
departure from Vietnam and all awards he did not receive while on active
duty be added to his DD Form 214, Armed Forces of the United States,
Report of Transfer or Discharge.  The applicant also requests that he be
advised of the status of awards he was recommended for (the Bronze Star
Medal and the Army Commendation Medal, with oak leaf cluster), while he
was in Vietnam.

2.  The applicant states, in effect, that awards that were approved after
18 January 1972 were not added to his DD Form 214 and he assumes that he
is still pending award of the Bronze Star Medal and the Army Commendation
Medal, with oak leaf cluster.  He adds that awards that were approved for
him after he departed from Vietnam, including those awarded on 24
February 1972 were never sent to the National Personnel Record Center,
St. Louis, Missouri.

3.  The applicant submits a copy of his DD Form 214, a copy of eight
documents, including copies of award certificates and general orders, which
award him several awards related to his Vietnam service.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or
injustice, which occurred on 18 January 1972, the date he was released from
active duty.  The application submitted in this case is dated 1 July 2005.

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 limitation 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 records show he enlisted in the Regular Army for 3
years on 17 March 1969.  He completed basic combat training at Fort Leonard
Wood, Missouri, and his advanced individual training at Fort Gordon,
Georgia.  After completing all required training, he was awarded the
military occupational specialty (MOS), 95B (Military Police).

4.  The applicant was selected for and was enrolled in Officer Candidate
School (OCS) at Fort Sill, Oklahoma, on 18 August 1969.  He was released
from OCS on 5 December 1969 and was reassigned to Vietnam.

5.  The applicant served in Vietnam from 20 January 1970 through 3
September 1971.  On his arrival in Vietnam, the applicant was assigned to
Headquarters and Headquarters Detachment, 90th Replacement Battalion and on
14 June 1970, he was reassigned to the 173rd Aviation Company, 11th
Aviation Battalion.  The applicant remained assigned to this unit until he
was returned to the United States and reassigned to Fort Hood, Texas.

6.  The applicant was honorably released from active duty, on 18 January
1972, under the provisions of Army Regulation (AR) 635-200, and was given
an SPN (Separation Program Designator) of 21L, Separation for Other Good
and Sufficient Reason when Determined by Secretarial Authority and Phase
Down Release Programs-expanded.  He was separated in the rank and pay grade
of Specialist Five, E-5.  On the date he was released from active duty, he
had completed 2 years, 10 months, and 2 days active military service, with
no lost time.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214,
shows he was awarded:  National Defense Service Medal; the Vietnam Service
Medal, with four bronze service stars; the Republic of Vietnam Campaign
Medal, the Aircraft Crewman Badge; the Army Commendation Medal, the Air
Medal; the Marksman Marksmanship Qualification Badge, with Pistol Bar [.45
cal Pistol]; the Sharpshooter Marksmanship Qualification Badge, with
Automatic Rifle Bar [M-16 Rifle]; and the Expert Marksmanship Qualification
Badge, with Rifle [M-14 Rifle] and Grenade Bars.  No other awards are shown
on the DD Form 214.

8.  The applicant states he was recommended for award of the Bronze Star
Medal and for the Army Commendation Medal, with oak leaf cluster, for his
service in Vietnam.  There are no orders, or other evidentiary documents
awarding these decorations to the applicant.  In the absence of a proper
award authority for these decorations, the applicant may request award of
the Bronze Star Medal and the Army Commendation Medal, with oak leaf
cluster, under the provisions of Section 1130 of Title 10, United States
Code.  The applicant has been notified by separate correspondence of the
procedures for applying for these decorations under Section 1130 and, as a
result, these awards will not be discussed further in this Record of
Proceedings.

9.  The applicant was awarded the Air Medal, second award, with "V" Device,
for heroism, while engaged in aerial flight in connection with military
operations against a hostile force, on 9 February 1970, by General Orders
Number 6762, published by Headquarters, 1st Aviation Brigade, on 13 October
1971.  This award for heroism is not shown on the applicant's DD Form 214.

10.  The applicant was awarded the Air Medal, third through twenty-fourth
award, for meritorious achievement, while engaged in aerial flight in
Vietnam, for the period 31 July 1970 through 18 August 1971, by General
Orders Number 6840, published by Headquarters, 1st Aviation Brigade, on 18
October 1971.  These awards of the Air Medal are not shown on the
applicant's DD Form 214.

11.  Item 38 (Record of Assignments), of the applicant's DA Form 20,
Enlisted Qualification Record, shows the applicant consistently received
"excellent" conduct and efficiency ratings.  There is no evidence of any
breach of good order or discipline in his service personnel record that
would preclude award of the Good Conduct Medal.

12.  Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign
Participation Credit Register, dated 29 January 1988, which lists unit
awards received by units serving in Vietnam, shows that the unit the
applicant was assigned to was awarded the Valorous Unit Award for the
period 8 February through 24 March 1971 by Department of the Army General
Orders (DAGO) Number 24, dated 1975; the Republic of Vietnam Gallantry
Cross, with Palm, Unit Citation, for the period 8 February through 8 April
1971, by DAGO Number 5, dated 1973; and the Republic of Vietnam Civil
Actions Honor Medal, First Class, Unit Citation, for the period 1 May 1969
through 15 May 1970, by DAGO Number 55, dated 1971, and for the period 1
January through 31 December 1971, by DAGO Number 32, dated 1973.

13.  AR 672-5-1, in effect at the time of the applicant's separation
provides that the Good Conduct Medal 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.  Although there is no
automatic entitlement to the Good Conduct Medal, disqualification must be
justified.  To be eligible for award of the Good Conduct Medal, Soldiers
must meet all of the following criteria:  all conduct (character) and
efficiency ratings must be recorded as "Excellent" except that ratings of
"Unknown" for portions of the period under consideration are not
disqualifying.  Service school efficiency ratings based upon academic
proficiency of at least "Good" rendered subsequent to 22 November 1955 are
not disqualifying.
14.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S.
and foreign unit awards.  This regulation states that a Soldier may wear
the unit award permanently if the individual was assigned to, and present
for duty with the unit any time during the period cited; or was attached by
competent orders to, and present for duty with the unit during the entire
period, or for at least thirty consecutive days of the period cited.

15.  AR 670-1, in effect at the time, governed the requirements for the
Overseas Service Bar.  In pertinent part, it provided that a bar is
authorized for wear for each period of active Federal service as a member
of the U.S. Army outside of the continental limits of the United States.
One overseas service bar is authorized for each six-month period served in
the Republic of Vietnam.  To calculate the entitlement, both the month of
arrival and month of departure are counted as a whole month no matter the
number of days in that month that were spent in the hostile fire zone.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Air Medal, second award, with "V" Device,
for heroism in connection with military operations against a hostile force.
 This award is not shown on the applicant's DD Form 214.  The applicant is
entitled to have this award added to his DD Form 214.

2.  The applicant was awarded the Air Medal, third through twenty-fourth
award, for meritorious achievement while participating in aerial flight.
These awards are not shown on the applicant's DD Form 214.  The applicant
is entitled to have these awards added to his DD Form 214.

3.  The applicant had "excellent" conduct and efficiency ratings throughout
his time in the Army.  There is no evidence of indiscipline while he served
on active duty.  The applicant was not awarded the Good Conduct Medal, it
appears, more as a result of administrative oversight rather than something
that the applicant did to disqualify himself from this award.  He is
therefore eligible for award of the Good Conduct Medal for the period 17
March 1969 through 18 January 1972.

4.  The applicant served in a unit, which was awarded the Valorous Unit
Award, the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation;
and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit
Citation (two awards) while he was a member of the unit.  These unit awards
are not shown on his DD Form 214.  He is entitled to these unit awards and
to have them added to his DD Form 214.

5.  The applicant served in Vietnam for in excess of eighteen months. He is
therefore entitled to award of three overseas service bars and to have
these bars added to his DD Form 214.

BOARD VOTE:

__PMS__  _cd_____  __BK____  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.  adding the already-awarded Air Medal, second award, with "V"
Device, and the Air Medal, third through twenty fourth award, to the
applicant's DD Form 214;

      b.  awarding the applicant the Good Conduct Medal for the period 17
March 1969 through 18 January 1972 and adding this award to his DD Form
214;

      c.  awarding the applicant the Valorous Unit Award; the Republic of
Vietnam Gallantry Cross, with Palm, Unit Citation, and the Republic of
Vietnam Civil Actions Honor Medal, First Class, Unit Citation (two awards);
and adding these unit awards to his DD Form 214; and


      d.  awarding the applicant three overseas service bars and adding
these bars to his DD Form 214.




                            ______Paul M. Smith_____
                                      CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20050010027                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060406                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.  140                 |107.0094                                |
|3.  141                 |107.0095                                |
|4.  64                  |107.0018                                |
|5.  79                  |107.0033                                |
|6.                      |                                        |


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