RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            18 November 2003
      DOCKET NUMBER:    AR2003088773

      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. John N. Slone                 |     |Chairperson          |
|     |Mr. Mark D. Manning               |     |Member               |
|     |Ms. Barbara J. Ellis              |     |Member               |

      The applicant and counsel if any, did not appear before the Board.

      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 he earned and to
which he is
entitled based on his service in the Republic of Vietnam (RVN) be listed on
his separation  document (DD Form 214).

2.  The applicant states, in effect, that he is providing documents that
confirm he earned
awards that were not included in the list of awards entered on his DD Form
214.  He
further states that based on the governing Army publication, he is also
entitled to the
RVN Gallantry Cross with Palm Unit Citation.

3.  The applicant provides copies of the following award general orders
(GO) issued by
the 101st Airborne Division on the dates indicated,  RVN:  GO Number (#)
103898, dated 20 November 1968; GO # 2587, dated 21 March 2969; GO # 10443,
dated
11 August 1969; GO # 11397, dated 29 August 1969; and GO # 11400, dated
29 August 1969.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an error that occurred on 18
December
1969.  The application is dated 28 March 2003.

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 Enlisted Qualification Record (DA Form 20) shows that
he enlisted in the Regular Army and entered active duty on 3 January 1967.
He was trained in, awarded, and served in military occupational specialty
(MOS) 67U (Helicopter Repairman).

4.  The applicant’s DA Form 20 also shows that he served in the RVN from 1
May
1968 through 28 April 1969 and that during this tour of duty he was
assigned to Company B, 159th Assault Helicopter Battalion, 101st Airborne
Division.  Item 41 (Awards and Decorations) shows that during his active
duty tenure, he earned the following awards:  National Defense Service
Medal (NDSM); Vietnam Service Medal (VSM); RVN Campaign Medal (RVNCM) with
60 Device; and Air Medal (AM).
5.  The applicant’s Military Personnel Records Jacket (MPRJ) contains
copies of orders that awarded the applicant seven awards of the AM, one of
which was with a Valor (“V”) Device.  The MPRJ also has a copy of orders
that awarded the applicant the Bronze Star Medal (BSM), for meritorious
service in the RVN from 1 July 1968 through
28 February 1969.

6.  On 18 December 1969, the applicant was honorably released from active
duty (REFRAD) at the expiration of his term of service.  At the time he had
completed a total of 2 years, 11 months, and 15 days of active military
service.  The DD Form 214 issued to him on the date of his separation
contained the following list of awards he earned during his tenure on
active duty:  NDSM; AM; VSM; RVNCM with 60 Device; and Marksman
Marksmanship Qualification Badge with Rifle Bar (M-14); and Expert
Marksmanship Qualification Badge with Rifle Bar (M-16).

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-13 of the
awards regulation contains guidance on the VSM.  It states, in pertinent
part, that a bronze service star is authorized with this award for each
campaign a member was credited with participating in while serving in the
RVN.  Appendix B of the awards regulation confirms that the applicant was
credited with participation in the Vietnam Counteroffensive Phase IV;
Vietnam Counteroffensive Phase V; Vietnam Counteroffensive Phase VI; and
TET 69 Counteroffensive campaigns based on his tenure of assignment in the
RVN.

8.  Department of the Army General Order Number 8, dated in 1974,
authorized the award of the Republic of Vietnam Gallantry Cross with Palm
Unit Citation to all personnel assigned to the RVN from 8 February 1962
through 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that all the awards he earned in the RVN
were not included in the list of awards on his DD Form 214 was considered
and found to have merit.

2.  The evidence of record confirms that during his tenure in the RVN, the
applicant earned the BSM and AM (7th Award) with “V” Device.  Therefore,
these earned awards should be added to his record at this time.
3.  The evidence of record further shows that based on his RVN service and
campaign participation, the applicant is entitled to 4 bronze service stars
with his VSM and to the Republic of Vietnam Gallantry Cross with Palm Unit
Citation.  As a result, it would also be appropriate to add these awards to
his record at this time.

BOARD VOTE:

________  ________  ________  GRANT 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:

      a.  adding his earned Bronze Star Medal and Air Medal (7th Award) with
“V” Device to his record;


      b.  showing that he is entitled to the Republic of Vietnam Gallantry
Cross with Palm Unit Citation; and 4 bronze service stars with his Vietnam
Service Medal; and


      c.  providing him a corrected separation document that includes these
awards.




            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2003088773                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2003/11/DD                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1969/12/18                              |
|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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