RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         07 OCTOBER 2004
      DOCKET NUMBER:  AR2004102120


      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             |
|     |Ms. Deborah L. Brantley           |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. Walter Morrison               |     |Chairperson          |
|     |Mr. Paul Smith                    |     |Member               |
|     |Mr. Patrick McGann                |     |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 his separation document be
corrected to show award of a total of 21 Air Medals, the Republic of
Vietnam Gallantry Cross Unit Citation with Palm, the Republic of Vietnam
Civil Action Honor Medal First Class Unit Citation, qualification as an
expert with the M-16 automatic rifle and the .45 caliber pistol, and any
awards associated with his service in Korea, Germany, and with NATO (North
Atlantic Treaty Organization).

2.  The applicant states the awards were omitted from his separation
document and “left off upon reassignment.”

3.  The applicant provides extracts from his Official Military Personnel
File documenting his assignments, a copy of his 1980 separation document,
and copies of orders awarding him his 16th through 21st (15th through 20th
oak leaf clusters) awards of the Air Medal.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 31 July 1980.  The application submitted in this case is
dated
5 January 2004.

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.  Records available to the Board indicate that the applicant served as an
enlisted member of the Army National Guard and United States Army Reserve
prior to receiving a commission and entering active duty as an officer in
1960.

4.  During the applicant’s more than 20 years of continuous active duty, he
served three tours of duty in Vietnam, one tour of duty in Germany between
1963 and 1965, and a tour of duty in Korea between 1978 and 1979.

5.  His Department of the Army Form 66 (Officer Qualification Record)
contains entries indicating that the applicant qualified as an expert with
the M-16 automatic rifle and with the .45 caliber pistol.  The basis for
the entries was his “indiv[idual] score card.”  His records did not contain
copies on any orders awarding him the associated qualification badge and
component bars and the information was not recorded on his separation
document.

6.  Orders contained in the applicant’s file, and provided by him in
support of his request, confirm that he was awarded his 21st award of the
Air Medal in April 1969 during his second tour of duty in Vietnam.  His
separation document, however, reflects award of only 15 (numeral 14) awards
of the Air Medal.

7.  A review of Department of the Army Pamphlet 672-3 notes that units the
applicant was assigned to while in Vietnam were awarded the Republic of
Vietnam Gallantry Cross Unit Citation with Palm and the Republic of Vietnam
Civil Action Honor Medal First Class Unit Citation.  The unit awards were
omitted from his separation document.  The pamphlet also indicates that the
applicant would have participated in seven designated campaign periods
(Republic of Vietnam Counteroffensive, Republic of Vietnam Counteroffensive
Phases II, IV, V, and VI, TET 69 Counteroffensive, and the Republic of
Vietnam Cease-Fire) during his three tours of duty in Vietnam.  His
separation document should reflect one silver service star and one bronze
service star on the Vietnam Service Medal, which is recorded his separation
document, to denote his participation in seven designated campaign periods.

8.  Although the applicant does not specify which awards he believes he may
be entitled to based on tours of duty in Korea or Germany, a review of
Department of the Army Regulation 600-8-22 does not indicate that the
applicant was entitled to any service decorations based on those tours.
Additionally, there is no evidence of service with a NATO organization
which would have entitled him to decorations awarded for such service.

9.  The applicant’s file does confirm that he was awarded a Meritorious
Service Medal for the period 10 January 1975 through 21 October 1977 in
addition to the Meritorious Service Medal awarded upon his retirement in
1980.  His separation document, however, reflects award of only one
Meritorious Service Medal.

10.  The applicant retired for length of service on 31 July 1980.

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms that the applicant was awarded 21 awards of the
Air Medal.  His separation document should be corrected accordingly.

2.  The evidence also confirms that the applicant is entitled to the
Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Republic
of Vietnam Civil Actions Honor Medal First Class Unit Citation, and one
silver service star and one bronze service star on his Vietnam Service
Medal, based on his tours of duty in Vietnam.

3.  The evidence confirms that the applicant was awarded two awards of the
Meritorious Service Medal.  His separation document should be corrected
accordingly.

4.  Although there were no orders in the applicant’s file confirming his
entitlement to any weapon qualification badges, the entries on his
Department of the Army Form 66 are sufficiently compelling to establish
that he did qualify as an expert with the M-16 automatic rifle and the .45
caliber pistol.  His records should be corrected to reflect award of the
associated badge and component bars.

5.  While the applicant may have served tours of duty in Korea and Germany,
neither tour was during a period for which any service medals were awarded.
 Additionally, there is no evidence of service with a NATO organization
which would have entitled the applicant to any decorations based on such
service.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__WTM__  __PS ___  __PM___  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.  showing that he was awarded 21 awards of the Air Medal;


      b.  showing he was awarded two awards of the Meritorious Service
Medal;


      c.  showing he is entitled to the Republic of Vietnam Gallantry Cross
Unit Citation with Palm, the Republic of Vietnam Civil Action Honor Medal
First Class Unit Citations, and a silver service star and bronze service
star on his Vietnam Service Medal; and


      d.  qualification as an expert with the M-16 automatic rifle and the
.45 caliber pistol and awarded the associated badge and component bars.


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 service decorations associated with tours of duty in Korea,
Germany, or with NATO organization.




                            _____Walter Morrison_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004102120                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20041007                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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