RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           6 April 2004
      DOCKET NUMBER:   AR2003090015


      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. Richard P. Nelson             |     |Analyst              |


  The following members, a quorum, were present:

|     |Mr. Stanley Kelley                |     |Chairperson          |
|     |Ms. Lana E. McGlynn               |     |Member               |
|     |Mr. Robert L. Duecaster           |     |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 two separate applications, award of the
Silver Star (SS) and the Distinguished Flying Cross (DFC).

2.  The applicant states that he was “nominated for, but not awarded” each
decoration.

3.  The applicant provides documents as follows:

      a. In support of his request for award of the SS, copies of: his DD
Form 214 (Armed Forces of the United States Report of Transfer or
Discharge); an Affidavit of Fact, dated 30 May 2002; three Letters of
Commendation, dated 9, 19, and 20 December 1970; one Letter of
Appreciation, dated 8 December 1970; three unsigned Statements, all dated
18 January 1971; and, copies of various newspaper articles.

      b. In support of his request for award of the DFC, copies of: his DD
Form 214; an Affidavit of Fact, dated 30 May 2002; a Statement, dated 3
February 1971; and, an unsigned Letter of Appreciation, dated 12 January
1971.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of injustice which occurred on
29 February 1972.  The application submitted in this case was received on
16 April 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 military records show that he received a direct
commission in the Medical Service Corps and entered active duty on 9
September 1968.  He completed the officer basic course, flight training,
and the aircraft maintenance officer course, prior to being assigned to
Vietnam, where he served from 5 April 1970 to 4 April 1971.  The applicant
returned to Fort Sam Houston, Texas, where he was honorably separated from
active duty on 29 February 1972.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and
Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214,
authenticated in his own hand, shows that he was awarded the Purple Heart;
the Bronze Star Medal; the Air Medal, 2d thru 27th Awards; the Vietnam
Service Medal; the National Defense Service Medal; the Vietnam Campaign
Medal; the Republic of Vietnam Gallantry Cross Unit Citation with Bronze
Star; and, the Army Aviator Badge.  No other awards or decorations are
listed.

5.  The statute of limitations on the submission of recommendations for
awards for Vietnam was 24 October 1975.  However, 10 USC 1130 provides that
the Service concerned will review a proposal for the award of, or upgrading
of, a decoration that would not otherwise be authorized to be awarded based
upon time limitations previously established by law.  The law also requires
that a request for award not previously submitted in a timely fashion will
only be considered under this provision if the request has been referred to
the Service Secretary from a Member of Congress.

6.  Army Regulation 15-185 governs the operations of the ABCMR.  Paragraph
2-5 states that the ABCMR will not consider an application until the
applicant has exhausted all administrative remedies to correct the alleged
error or injustice.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the SS is awarded for gallantry in action against the enemy.  The
required gallantry (spirited and conspicuous acts of heroism and courage)
must have been performed with marked distinction.  As with all personal
decorations, formal recommendations, approval through the chain of command,
and announcement in orders are required.

8.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
DFC.  The regulation states that the DFC is awarded to any person who,
while serving in any capacity with the Army of the United States,
distinguished himself or herself by heroism or extraordinary achievement
while participating in aerial flight.  The performance of the act of
heroism must be evidenced by voluntary action above and beyond the call of
duty.  The extraordinary achievement must have resulted in an
accomplishment so exceptional and outstanding as to clearly set the
individual apart from his or her comrades or from other persons in similar
circumstances.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units that
served in the Vietnam War.  This document shows the unit to which the
applicant was assigned, was cited for two awards of the Meritorious Unit
Commendation for actions during the periods 1 January 1969 to 30 April 1970
by Department of the Army General Orders (DAGO) Number 24, dated 1972 and 1
May 1970 to 30 April 1971 by DAGO Number 5, dated 1973.

10.  Army Regulation 600-8-22 states it is the responsibility of any
individual having personal knowledge of an act, achievement, or service
believed to warrant the award of a decoration to submit a formal
recommendation into military command channels for consideration within 2
years of the act, achievement, or service to be honored.  The Army does not
condone self-recognition; therefore, a soldier may not recommend
himself/herself for award of a decoration.

11.  U.S. Total Army Personnel Command, Military Awards Branch letter,
dated 31 December 2002, advises the applicant’s Representative in Congress
that the recommendations for awards of the SS and the DFC, forwarded by
that Member of Congress (M/C), were denied by the Army Decorations Board
(ADB) on 13 December 2002.

12.  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.  However, based on decisions of the U.S.
Court of Appeals, the ABCMR has adopted the policy of calculating its 3-
year statute of limitations from the date of final action in those requests
wherein an applicant has sought a lower level administrative remedy.
Requests for awards submitted under Title 10, United States Code, Section
1130 (10 USC 1130) to the Army Decorations Board are considered a lower
level administrative remedy.  Since there is no statute of limitations on
filing requests for awards under 10 USC 1130, the ABCMR has determined that
the 3-year statute of limitations for filing with ABCMR should commence on
the date of final action on an award request by the Army Decorations Board.

DISCUSSION AND CONCLUSIONS:

1.  The applications submitted in this case were received on 16 April 2003.
 Since the applicant’s requests for award of the SS and DFC were denied by
the ADB on 13 December 2002, the 3-year time limit for requesting
correction of injustice or error will expire on 12 December 2005.
Therefore, the applicant has requested correction within the statutory time
frame.

2.  There are no orders or certificates, and the applicant has not provided
a copy of orders or certificates, awarding him the SS or the DFC.

3.  The applicant’s DD Form 214, which is authenticated in his own hand,
does not show award of the SS or the DFC in Block 24.

4.  There is no evidence of any documentation being submitted, at any time,
recommending the applicant for award of either the SS or the DFC.  The
applicant has not provided any such documentation, other than his own
affidavits, in which he recommends himself for the awards.  Since this
constitutes self-recognition, and the Army does not condone this practice,
these affidavits cannot be accepted.
5.  Evidence of record shows that the ADB reviewed the applicant’s self-
nomination, at the request of a M/C on 13 December 2002 and determined that
the “degree of action and service rendered did not meet the strict criteria
for the proposed awards.”

6.  In view of the foregoing, there is no basis for granting the
applicant's request.

7.  The evidence shows that the applicant’s record contains administrative
errors that do not require action by the Board.  The necessary corrections
will be accomplished administratively by the Case Management Support
Division (CMSD), St. Louis, Missouri, as outlined in paragraph 2 of the
Determination/Recommendation section below.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

___lem___  ___sk___  __rld____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.

2.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD, St. Louis, Missouri administratively correct the records of the
individual concerned to show two awards of the Meritorious Unit
Commendation.








            _________Stanley Kelley__________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2003090015                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040406                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |