RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 March 2005
      DOCKET NUMBER:  AR20040001137


      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. Robert J. McGowan             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Mark D. Manning               |     |Chairperson          |
|     |Ms. Barbara J. Ellis              |     |Member               |
|     |Mr. Paul M. Smith                 |     |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 DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge) be corrected to show that he was
awarded the Army Commendation Medal (ARCOM), the Senior Parachutist Badge,
and the Vietnam Gallantry Cross Unit Citation with Palm.

2.  The applicant states that he has orders for the ARCOM and Gallantry
Cross, but never received the medals.  He adds that he was approved for
award of the Senior Parachutist Badge.

3.  The applicant provides:

      a.  A 3-page attachment to his application.

      b.  His DD Form 214 with an effective date of 14 December 1971.

      c.  DA Form 1577 (Authorization for Issuance of Awards) dated 26 July
1999.

      d.  DA Form 1049 (Personnel Action), dated 4 April 1967, requesting
the Senior Parachutist Badge, and affirmatively endorsed by his company and
battalion commanders.

      e.  DA Form 1307 (Individual Jump Record) for the period 7 December
1965 through 5 April 1967.

      f.  General Order Number 557, Headquarters, III Corps and Fort Hood,
dated 10 November 1971, awarding the applicant the ARCOM.

      g.  Department of the Army General Order Number 21, dated 1969,
awarding the Vietnamese Gallantry Cross Unit Citation with Palm to the
245th Aviation Company for the period 22 February 1967-17 May 1968.

      h.  Unit Orders Number 62, 245th Aviation Company, dated 28 July
1968, appointing the applicant as "Escape and Evasion Officer."

      i.  Unit Orders Number 71, 245th Aviation Company, dated 3 September
1968, appointing the applicant as "Reaction Platoon Leader."

      j.  Unit Orders Number 73, 245th Aviation Company, dated 3 October
1968, appointing the applicant as "Physical Security Officer."

      k.  Letter from the Commander, 245th Aviation Company, dated 19 April
1969.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 14 December 1971.  The application submitted in this case
is dated 16 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 limitations 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 served as an officer in the Regular Army from 12
September 1965 to 14 December 1971 when he was honorably discharged.  His
DD Form 214 shows the following awards, decorations, and badges:
Distinguished Flying Cross, Bronze Star Medal, Purple Heart, Air Medal with
"V" Device and Numeral 15, National Defense Service Medal, Vietnam Service
Medal with 4 bronze service stars, Vietnam Campaign Medal, Army Aviator
Badge, Parachutist Badge, and Ranger Tab.  It also shows that he completed
the 101st Airborne Division Advance Airborne School Jumpmaster Course.

4.  General Order Number 557, Headquarters, III Corps and Fort Hood, dated
10 November 1971, awarded the applicant the ARCOM for meritorious service
from February 1970 to December 1971.

5.  Department of the Army General Order Number 21, dated 1969, awarded the
Vietnamese Gallantry Cross Unit Citation with Palm to the 245th Aviation
Company for the period 22 February 1967-17 May 1968.  The applicant was a
member of this unit from 3 May 1968 to 22 April 1969.

6.  The applicant's Individual Jump Record shows that he had the requisite
number and type of jumps to qualify for award of the Senior Parachutist
Badge.

7.  Army Regulation 600-8-22 (Military Awards), in pertinent part, sets
forth requirements for award of the Senior Parachutist Badge.  Award of the
Senior Parachutist Badge requires a rating of excellent in conduct and
efficiency, completion of 30 jumps (15 with combat equipment), two night
jumps (with one as jumpmaster), two mass tactical jumps culminating in an
airborne assault problem, graduation from the Jumpmaster Course, and
service on jump status with an airborne unit or other organization
authorized parachutists for a total of at least 24 months.

DISCUSSION AND CONCLUSIONS:

1.  The applicant is entitled to have his record corrected to show that he
was awarded the ARCOM and the Vietnamese Gallantry Cross Unit Citation with
Palm.

2.  Although the applicant had the requisite number and type of parachute
jumps and successfully completed the Jumpmaster Course, he did not serve on
jump status with an airborne unit for the requisite 24 months.  Also,
although the applicant's company and battalion commanders endorsed his
request for the Senior Parachutist Badge, there is nothing in the record to
show that it was ever approved.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__mdm___  __bje___  __pms___  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 correcting his DD Form
214 to show award of the ARCOM and the Vietnamese 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
the Senior Parachutist Badge.



                                  Mark D. Manning
                            ______________________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040001137                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050308                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0020                                |
|2.                      |107.0094                                |
|3.                      |107.0120                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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