RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         08 FEBRUARY 2005
      DOCKET NUMBER:  AR20040001104


      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:

|     |Ms. Margaret Patterson            |     |Chairperson          |
|     |Ms. Shirley Powell                |     |Member               |
|     |Ms. Susan Powers                  |     |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 records be corrected to reflect
participation in six designated campaign periods based on his two tours of
duty in Vietnam, award of the Aircraft Crewman Badge, which he refers to as
the Aircrew Flight Badge, five additional awards of the Air Medal based on
his combat flight hours, and an award of the Air Medal with "V" device.

2.  The applicant states that he recently received a copy of his separation
document and military file and noted that several awards were missing from
his file.  He states that he believes he is entitled to six service stars
on his Vietnam Service Medal, four from his first tour of duty in Vietnam
and two from his second tour.

3.  The applicant provides copies of documents, including orders, which
were extracted from his military personnel file, a copy of his flight
records and physical qualification for flight status, and a computer
listing of six campaigns he believes entitles him to six bronze service
stars on his Vietnam Service Medal.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 23 January 1972.  The application submitted in this case
is dated
24 April 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.  The applicant requested correction of his records to show additional
awards of the Air Medal.  There are no orders or other evidence authorizing
award of additional Air Medals, beyond the order which awards him the Air
Medal with “V” device.  In the absence of a proper award authority for
these decorations, the applicant may request award of additional Air Medals
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 these decorations under Section 1130 and, as a result, it
will not be discussed further in the Record of Proceedings.
4.  Records available to the Board indicate that the applicant entered
active duty on 10 January 1968 and was trained as an infantryman.

5.  The applicant was assigned to Fort Bragg, North Carolina before being
reassigned to Vietnam in May 1969.  During his first tour of duty in
Vietnam he was assigned to the 5th Battalion, 7th Cavalry.  Although one
part of his records indicates that he departed Vietnam in March 1970,
another part suggests that he may have departed in the latter part of April
1970.  His records show that he was charged with being AWOL (absent without
leave) commencing on 1 May 1970 from his unit in Vietnam.  He was
subsequently convicted by a special court-martial for that AWOL period.
His records also show that he was awarded an Army Commendation Medal for
the period May 1969 to May 1970, which is consistent with his having
departed Vietnam later than March 1970.  He may have been AWOL as part of
his reassignment process.

6.  His award of the Army Commendation Medal was confirmed in orders issued
by the 1st Cavalry Division in Vietnam on 21 March 1970.  The award was
omitted from his separation document.

7.  Based on his initial tour of duty in Vietnam, he would have been
credited with participating in four designated campaign periods (TET 69
Counteroffensive, Vietnam Summer-Fall 1969, Vietnam Winter-Spring 1970, and
Sanctuary Counteroffensive).  His unit was also awarded two awards of the
Republic of Vietnam Gallantry Cross Unit Citation with Palm during his
period of assignment. His unit awards and campaign participation were not
recorded on his separation document.

8.  The applicant returned to Vietnam in July 1971 and on 6 January 1972
was awarded an Air Medal with "V" device for his heroic actions on 3
January 1972.  Orders issued by the 1st Cavalry Division confirmed the
award, although it was omitted from his separation document.

9.  The applicant records, and documents provided by the applicant,
indicate that the applicant did maintain flight status during his second
tour of duty in Vietnam and that he was initially assigned as an assistant
machine gunner, and ultimately as a door gunner with the 1st Cavalry
Division (Air Mobile).  Army Regulation
600-8-22 states that the Aircraft Crewman Badge may be awarded to
individuals whose primary duty for 12 months or more was that of a gunner.

10.  The applicant returned to the United States in January 1972 and was
discharged on 23 January 1972.  Department of the Army Pamphlet 672-1 notes
that during his second tour of duty he would have participated in two
additional campaigns (Consolidation I and II) and his unit would have been
awarded the Republic of Vietnam Gallantry Cross Unit Citation with Palm as
part of the general award which was awarded to units subordinate to United
States Army Vietnam.

11.  Army Regulation 600-8-22 states that bronze service stars affixed to
the Vietnam Service Medal will reflect campaign participation.  A silver
service star replaces five bronze service stars,

DISCUSSION AND CONCLUSIONS:

1.  The evidence available to the Board does confirm that the applicant was
awarded an Air Medal with "V" device and an Army Commendation Medal, which
were omitted from his separation document.

2.  The evidence also suggests that the applicant likely did participate in
four designated campaign periods during his initial tour of duty in Vietnam
and that he did participate in two campaigns during his second tour of
duty.  In the interest of justice, it would be appropriate to correct the
applicant's record to reflect entitlement to one silver service star on his
Vietnam service medal and one bronze service star, thereby denoting his
participation in six designated campaign periods.

3.  The evidence does confirm that he is entitled to three awards of the
Republic of Vietnam Gallantry Cross Unit Citation with Palm.  His records
should be corrected accordingly.

4.  Unfortunately, it appears that the applicant did not meet eligibility
requirements for award of the Aircraft Crewman Badge.  He performed duties
as a gunner for approximately 7 months, not the required 12 months.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___MP   _  ___SP __  ___SP __  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:

      a.  by showing that he was awarded an Air Medal with "V" device, and
an Army Commendation Medal;


      b.  by showing that he is entitled to one silver service star and one
bronze service star on his Vietnam Service Medal; and


      c.  by showing that he is entitled to three awards of the Republic of
Vietnam Gallantry Cross Unit Citation with Palm.

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 Aircraft Crewman Badge.




                            ____Margaret Patterson_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040001104                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050208                                |
|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.                      |                                        |


-----------------------
[pic]