RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         08 FEBRUARY 2005
      DOCKET NUMBER:  AR20040001577


      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 separation document be corrected to
reflect entitlement to "earned Air Medals," the Republic of Vietnam
Gallantry Cross Unit Citation with Palm, and "others, perhaps."

2.  The applicant states the decorations are not listed on his separation
document.

3.  The applicant provides no evidence in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 10 June 1969.  The application submitted in this case is
dated
16 March 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 award of his
earned Air Medals.  There are no orders or other evidence authorizing award
of this decoration.  In the absence of a proper award authority for this
decoration, the applicant may request award of the 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 this decoration 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 22 May 1967.  While undergoing training, he qualified as a
sharpshooter with the M-14 rifle and was awarded the associated badge and
component bar.  Orders issued at Fort Jackson, South Carolina confirmed the
award, but it was omitted from his separation document.

5.  The applicant was assigned to Hunter Army Airfield following completion
of training as an aircraft repairman and in September 1968, after nearly 30
days of AWOL (absent without leave), he was assigned to the 2nd Brigade,
101st Airborne Division in Vietnam.  His records show that he arrived in
Vietnam on
29 August 1968.

6.  The applicant departed Vietnam in June 1969 and on 10 June 1969 was
released from active duty with an honorable characterization of service.
His separation document reflects entitlement to the National Defense
Service Medal, Vietnam Service Medal, and Vietnam Campaign Medal.

7.  A review of Department of the Army Pamphlet 672-3 (Unit Citation and
Campaign Participation Credit Register) notes the applicant’s unit was
credited with participating in three designated campaigns (Vietnam
Counteroffensive Phases V and VI, and TET 69 Counteroffensive) during the
applicant’s period of assignment.  Three bronze service stars on the
Vietnam Service Medal, which is recorded on his separation document, should
reflect his campaign participation.  The unit was also awarded the Republic
of Vietnam Gallantry Cross Unit Citation with Palm and the Republic of
Vietnam Civil Actions Honor Medal First Class Unit citation during his
tenure with the organization.  The unit awards were also omitted from his
separation document.

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms that the applicant qualified as a sharpshooter
with the M-14 rifle and was awarded the associated badge and component bar.
 His records should be corrected accordingly.

2.  The evidence also shows that the applicant is entitled to three bronze
service stars on his Vietnam Service Medal, the Republic of Vietnam
Gallantry Cross Unit Citation with Palm, and the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation.

BOARD VOTE:

___MP__  ___SP  __  ___SP __  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:

      a.  by showing that he qualified as a sharpshooter with the M-14 rifle
and was awarded the associated badge and component; and


      b.  by showing that he is entitled to three bronze service stars on
his Vietnam Service Medal, the Republic of Vietnam Gallantry Cross Unit
Citation with Palm, and the Republic of Vietnam Civil Actions Honor Medal
First Class Unit Citation.




                            ____Margaret Patterson____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040001577                           |
|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.                      |                                        |


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