RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 July 2005
      DOCKET NUMBER:  AR20040008015


      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. W. W. Osborn, Jr.             |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. Patrick H. McGann, Jr.        |     |Member               |
|     |Mr. Leonard G. Hassell            |     |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 DD Form 214(Report of
(Report of Separation from Active Duty) be corrected to show he received
either the Air Medal with "V" Device or the Army Commendation Medal with
"V" Device and Presidential Unit Citations.

2.  The applicant states that he remembers receiving an award for valor and
Presidential Unit Citations prior to leaving Vietnam.

3.  The applicant provides no substantiating documentation.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 8 September 1971.  The application submitted in this case is
dated 23 September 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 enlisted and entered active duty on 2 October 1967 and
completed training as an single engine aircraft mechanic.  He served in
Vietnam from 13 May 1968 to 2 June 1970 with the 21st Reconnaissance
Airplane Company [re-designated the 21st Aviation Company] of the 212th
Combat Aviation Battalion of the 1st Aviation Brigade.  The applicant
returned to the United States on 11 June 1970 and served at Fort Bragg,
North Carolina and Fort Lewis, Washington.  He was discharged on 8
September 1971.

4.  Orders from Headquarters, 1st Aviation Brigade awarded the applicant
the Army Commendation Medal for meritorious service from December 1968 to
December 1969.

5.  His DA Form 20 (Enlisted Qualification Record), Item 41 (Awards) lists
his authorized awards as the National Defense Service Medal, the Vietnam
Service Medal, the Republic of Vietnam Campaign Medal, the Meritorious Unit
Commendation, the Aircraft Crewmember Badge, the Expert Qualification Badge
(M-16) and the Sharpshooter Madge (M-14).

6.  His DD Form 214 shows his authorized awards as the National Defense
Service Medal, the Vietnam Service Medal the Republic of Vietnam Campaign
Medal with "1960" Device, the Meritorious Unit Commendation and the
Aircraft Crewmember Badge.

7.  Army Regulation 600-8-22 provides, in pertinent part, that the
Presidential Unit Citation (known as the Distinguished Unit Citation until
3 November 1966) is awarded for extraordinary heroism in action.  A unit
must display such gallantry, determination and esprit de corps in
accomplishing its mission as would warrant award of the Distinguished
Service Cross to an individual.

8.  Army Pamphlet 672-3 (Unit Citation and Campaign Credit Register) lists
unit awards for organizations serving in Vietnam.  It shows that during the
applicant's tenure the 212th Aviation Company was awarded the Meritorious
Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm
Unit Citation.

9.  Army Regulation 600-8-22 also authorizes a bronze service star, based
on qualifying service, for each designated campaign listed in Appendix B of
the regulation and states that authorized bronze service stars will be worn
on the appropriate campaign or service medal.  A silver service star is
authorized in lieu of five bronze service stars.  The regulation also lists
the designated campaign periods for which a bronze service star is
authorized for wear on the Vietnam Service Medal.  The applicant served
during the following seven designated campaign periods:  the
Counteroffensive Phase IV, 2 April 1968 – 30 June 1968; the
Counteroffensive Phase V, 1 July 1968 – 1 November 1968; the Counter-
offensive Phase VI, 2 November 1968 – 22 February 1969; and the Tet 69
Counteroffensive, 23 February 1969 – 8 June 1969; Vietnam Summer-Fall 1969,
9 June 1969-31 October 1969; Vietnam Winter-Spring 1970; 1 November 1969-30
April 1970; DA Sanctuary Counteroffensive, 1 May 1970-30 June 1970.

10.  There is no available evidence that the applicant was ever awarded or
recommended for an awarded a personal decoration for valor.  Section 1130,
Title 10, United States Code provides that the Service concerned will
review a proposal for an award of, or upgrading of, a decoration that would
not otherwise be authorized based upon time limitations previously
established by law.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requested correction of his DD Form 214 to show that he
had received an individual decoration for valor.  There is no available
evidence that he was ever awarded such a decoration.  In the absence of
properly awarded decoration he is eligible to apply under Title 10 . United
States Code, Section 1130.  The applicant has been notified of the proper
procedures by separate correspondence and the issue will not be further
discussed herein.
 
2.  There is no available evidence that the applicant's Vietnam
organizations were authorized a Presidential Unit Citation.

3.  His record does contain evidence that he was awarded the Army
Commendation Medal and he participated during seven designated campaign
periods and was authorized the Republic of Vietnam Gallantry Cross with
Palm Unit Citation, which are not shown on his DD Form 214.

4.  The above administrative error does not require action by the Board.
Therefore, administrative correction of the applicant’s records will be
accomplished by the Case Management Support Division (CMSD), St. Louis,
Missouri, outlined by the Board in paragraph 3 of the BOARD DETERMINATION
/RECOMMENDATION section below.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 8 September 1971; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 7 September 1974.  The applicant did not file within
the 3-year statute of limitations and has not provided a compelling
explanation or evidence to show that it would be in the interest of justice
to excuse failure to timely file in this case.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__LDS___  __PHM__  ___LGH_  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.

3.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned to show that, in addition to the awards currently listed on his
DD Form 214, the applicant's authorized awards include the Army
Commendation Medal and a silver service star and two bronze service stars
for wear on the Vietnam Service Medal.

                            _  Linda D. Simmons______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040008015                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050726                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |   DENY with Note                       |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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