RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           02 SEPTEMBER 2004
      DOCKET NUMBER:  AR2004102091


      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. Kenneth H. Aucock             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Walter Morrison               |     |Chairperson          |
|     |Mr. William Powers                |     |Member               |
|     |Mr. Ronald Weaver                 |     |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 that his record be corrected to show award of
the Bronze Star Medal and the Air Medal (24th award).

2.  The applicant made no statement, but provided a copy of his 15 December
1970 DD Form 214 (Report of Transfer or Discharge), certificate showing
award of the Bronze Star Medal, and citation showing the 13th through 24th
award of the Air Medal.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 15 December 1970.  The application submitted in this case
is dated 1 December 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 entered on active duty on 8 July 1968.  He was discharged
in pay grade E-5 on 15 June 1969 with an honorable characterization of
service in order to accept an appointment as a warrant officer.  His DD
Form 214 shows award of the National Defense Service Medal.

4.  The applicant was appointed as an aviator warrant officer on 16 June
1969.  In July of that year he was assigned to Company A, 25th Aviation
Battalion, as a helicopter pilot, and in October to the 2nd Brigade, 25th
Infantry Division as a helicopter pilot.  He completed his tour of duty in
Vietnam and returned to the United States in July 1970.  Orders published
by the 25th Infantry Division on    26 May 1970 show that he was awarded
the Bronze Star Medal for meritorious service for the period July 1969 to
July 1970.  The applicant participated in four campaigns in Vietnam and the
25th Aviation Battalion was awarded the Republic of Vietnam Gallantry Cross
Unit Citation with Palm for its actions while the applicant was assigned to
that unit.

5.  The applicant was released from active duty on 15 December 1970.  His
   DD Form 214 does not show award of the Bronze Star Medal.  It does show
award of the Air Medal with V device and the Air Medal  – 12th award.
6.  The applicant's DA Form 66B, an insert to his officer qualification
record, shows that he had 1349 flying hours as of 30 June 1970.

7.  The citation that the applicant submits with his request shows that he
was awarded the 13th through 24th award of the Air Medal for meritorious
achievement during the period 1 January 1970 to 27 June 1970 for actively
participating in more than 25 aerial missions over hostile territory in
support of operations against communist aggression.

8.  Army Regulation 600-8-22 provides, in pertinent part, that the Air
Medal is awarded in time of war for heroism and for meritorious achievement
or service while participating in aerial flight.  This award is primarily
intended for personnel on flying status, but may also be awarded to those
personnel whose combat duties require them to fly, for example personnel in
the attack elements of units involved in air-land assaults against an armed
enemy.  Regulation provides that Arabic numerals are used instead of oak
leaf clusters for the second and succeeding awards of the Air Medal.  For
instance, the numeral 2 denotes the second award of the Air Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Bronze Star Medal.  That award should be
reflected on his DD Form 214.

2.  There are no orders showing that the applicant was awarded more than
   12 awards of the Air Medal; however, the citation that he submits with
his request shows 13 through 24 awards of that medal from January 1970 to
the end of June 1970, the second half of his tour in Vietnam.  It would
appear reasonable to conclude that he did receive those awards, especially
in view of his number of flying hours, an equivalent of 168 days based on
an 8-hour day.  Any doubt should be resolved in his favor, and the
applicant's record be corrected to show award of the Air Medal – Numeral
24.

3.  The applicant participated in four campaigns in Vietnam.  He is
entitled to award of the Vietnam Service Medal with four bronze service
stars (one for each campaign).

4.  He is entitled to award of the Republic of Vietnam Gallantry Cross Unit
Citation with Palm.



BOARD VOTE:

___WM__  _  WP  __  ___RW__  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 showing award of the Bronze Star
Medal, the Air Medal with numeral 24, the Vietnam Service Medal with four
bronze service stars, and the Republic of Vietnam Gallantry Cross Unit
Citation with Palm.




            ____Walter Morrison_____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004102091                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040902                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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