RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 13 September 2005 DOCKET NUMBER: AR20050000985 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 Analyst The following members, a quorum, were present: Ms. Shirley L. Powell Chairperson Mr. Robert Duecaster Member Ms. Jeanette McCants 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 Air Medal, the National Defense Service Medal, and the Republic of Vietnam Campaign Medal. 2. The applicant states, in effect, that he was a crew chief on a CH-47 Chinook Helicopter and was collecting flight pay for flying in Vietnam. 3. The applicant provided a copy of a certificate of achievement; a copy of a DA Form 2349, Military Pay Voucher; and a copy of his DD Form 214, Armed Forces of the United States, Report of Transfer or Discharge; in support of his request. CONSIDERATION OF EVIDENCE: 1. The applicant is requesting correction of an alleged error which occurred on 28 October 1965. The application submitted in this case is dated 8 January 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 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 military records show that he enlisted in the Regular Army on 2 November 1962. He completed his basic combat training at Fort Knox, Kentucky, and his advanced individual training at Fort Rucker, Alabama. After completing all required training, he was awarded the military occupational specialty (MOS), 675.10 (Single Rotor Observation Helicopter Maintenance). 4. The applicant was assigned to the 133rd Assault Helicopter Company, Fort Benning, Georgia. On 17 August 1965, the applicant was assigned to Vietnam with his unit as part of a unit permanent change of station. The applicant remained with this unit until 25 October 1965 when he was returned to the United States for release from active duty at the expiration of his term of service. 5. The applicant was released from active duty on 28 October 1965, under the provisions of Army Regulation (AR) 635-200, in the rank and pay grade of Specialist Five, E-5, with 2 years, 11 months, and 27 days, active military service. 6. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214, shows he was awarded the Sharpshooter Marksmanship Qualification Badge, with Rifle Bar [M-1 Rifle] and the Expert Marksmanship Qualification Badge, with Rifle Bar [M-14 Rifle]. No other awards are shown. 7. The certificate of achievement the applicant provided shows that he was recognized for his performance of duty as a crew chief on a CH-47 Helicopter for the period 14 November 1964 to 15 October 1965. 8. The military pay voucher the applicant submitted shows he was entitled to incentive and to other pay; however, the pay voucher does not identify if this pay was for aviation flight duty, which the applicant alleges he performed. 9. There are no orders in the applicant's service record assigning him to crewmember or non-crewmember flight status. There is no evidence that the applicant was awarded the aircraft crew member badge. 10. There is no evidence that a DA Form 759, Individual Flight Record and Flight Certificate-Army, was prepared and was being maintained for the applicant. 11. On 30 August 1978, the applicant was advised by the Reserve Components Personnel Administration Center (now the Army Human Resources Command-St. Louis) that no record had been found to show that he was awarded the Air Medal. The applicant was advised that if he had General Orders awarding him this decoration, he should furnish a copy of the orders to that center and further action would be taken. In the absence of a proper award authority for this decoration, the applicant may request award of the Air Medal, 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 this decoration under Section 1130 and, as a result, award of the Air Medal will not be discussed further in this Record of Proceedings. 12. Item 31 (Foreign Service), of the applicant's DA Form 20, Enlisted Qualification Record, shows that he served in Vietnam for the period from 17 August 1965 to 25 October 1965. 13. While in Vietnam, the applicant participated in one campaign of the Vietnam War, the Vietnam Defense Campaign, which extended from 8 March through 24 December 1965. 14. The applicant had "excellent" conduct and efficiency ratings throughout his time in the Army. There is no evidence of indiscipline or a breach of good order while he served on active duty. There is no record that he was subjected to either nonjudicial punishment or to court-martial. There is no entry in Item 42 (Remarks), of the applicant's DA Form 20 to indicate that he was disqualified from award of the Good Conduct Medal. 15. 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, a subordinate unit of the United States Army Vietnam, was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the period 20 July 1965 through 28 March 1973, by Department of the Army General Order (DAGO) Number 8, dated 1974. 16. AR 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal. This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. 17. AR 600-8-22 provides, in pertinent part, for award of the Vietnam Campaign Medal. This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more. Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces. Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal. 18. 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. 19. AR 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined. DISCUSSION AND CONCLUSIONS: 1. The applicant consistently had "Excellent" conduct and efficiency ratings throughout his active duty service. He attained the rank and pay grade of Specialist Five, E-5, and deployed to Vietnam with his unit and, had his enlistment not ended, it is logical to assume that the service for which he was recognized in the certificate of achievement he provided would have continued. Based on this excellent record of service, he is eligible for award of the Good Conduct Medal for the period 2 November 1962 through 28 October 1965 and to have it added to his DD Form 214. 2. The applicant served honorably on active duty during one of the qualifying periods for award of the National Defense Service Medal. He is therefore eligible to receive this award and to have it added to his DD Form 214. 3. The applicant served in Vietnam during the qualifying period, for in excess of one day, for award of the Vietnam Service Medal. He is therefore eligible for award of the Vietnam Service Medal, with one bronze service star, to denote his campaign participation credit. 4. The applicant's service in Vietnam extended from 17 August 1965 through 25 October 1965, a period of less than 6 months. The applicant was returned to the United States for the purpose of his release from active duty from the Army. The applicant was not medically evacuated from Vietnam prior to completing six months of service due to wounds resulting from hostile action and therefore he is not entitled to award of the Republic of Vietnam Campaign Medal and to have it added to his DD Form 214. 5. The applicant served in a unit subordinate to the United States Army, Vietnam, which was cited for award of the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation. He is therefore entitled to this unit award and to have it added to his DD Form 214. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ___slp__ ___rd___ ___jm__ 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 the applicant the Good Conduct Medal for the period 2 November 1962 through 28 October 1965 and adding this award to his DD Form 214; b. awarding the applicant the Vietnam Service Medal, with one bronze service star, to denote his participation in one campaign while he served in Vietnam, and adding this award to his DD Form 214; and c. awarding the applicant the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, and adding these unit awards to his DD Form 214. 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 the Republic of Vietnam Campaign Medal to the applicant and its addition to his DD Form 214. Shirley L. Powell ______________________ CHAIRPERSON INDEX CASE ID AR20050000985 SUFFIX RECON DATE BOARDED 20050913 TYPE OF DISCHARGE DATE OF DISCHARGE DISCHARGE AUTHORITY DISCHARGE REASON BOARD DECISION GRANT IN PART REVIEW AUTHORITY ISSUES 1.46 107.0000 2.64 107.0018 3.115 107.0069 4. 5. 6.