RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        21 July 2005
      DOCKET NUMBER:  AR20040008454


      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:

|     |Mr. John P. Infante               |     |Chairperson          |
|     |Mr. Robert J. Osborn II           |     |Member               |
|     |Ms. Brenda K. Koch                |     |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 he be awarded the Air Medal and
the Army Commendation Medal.

2.  The applicant states, in effect, that the awards were never entered on
his DD Form 214 (Report of Transfer or Discharge from Active Duty).

3.  The applicant provides copies of his DD Form 214  and the first
endorsement to a 1 April 1965 letter of commendation.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 27 April 1965.  The application submitted in this case is
dated 4 October 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's military records show he  was inducted  on 9 May 1963
and completed training as a supply specialist.  He deployed to Vietnam with
Headquarters and Headquarters Company, 13th Aviation Battalion on
29 September 1965 and returned to the United States on 22 April 1965.

4.  He was separated from active duty on 27 April 1965 as a specialist (E-
4).  His authorized awards include the Good Conduct Medal and the Expert
Badge with Rifle Bar and the Sharpshooter Badge with Rifle Bar.

5.  Army Regulation 600-8-22 provides, in pertinent part, that the Air
Medal is awarded in time of war for heroism and for meritorious achievement
or service while participating in aerial flight.  This award is primarily
intended for personnel
on flying status, but may also be awarded to those personnel whose combat
duties require them to fly, for example personnel in the attack elements of
units involved in air-land assaults against an armed enemy.  As with all
personal decorations, formal recommendations, approval through the chain of
command, and announcement in orders are required.

6.  The regulation also  provides that the Army Commendation Medal may be
awarded to any member of the Armed Forces of the United States who, while
serving in any capacity with the Army after 6 December 1941, distinguished
himself or herself by heroism, meritorious achievement or meritorious
service.  As with all personal decorations, formal recommendations,
approval through the chain of command, and announcement in orders are
required.

7.  Department of the Army (HQDA) General Orders 8 of 1974 awarded the
Republic of Vietnam Gallantry Cross with Palm Unit Citation to
Headquarters, U.S. Army, Vietnam and subordinate units for the period 20
July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  There is no substantiating evidence to show that the applicant was ever
recommended for or awarded the Air Medal or the Army Commendation Medal.

2.  There is no available evidence to show that the letter of commendation
was intended to be a recommendation for award of the Army Commendation
Medal.

3.  The Republic of Vietnam Gallantry Cross was authorized by HQDA General
Orders 8 of 1974.  This award can be administratively added to the
applicant's DD Form 214 and 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, as outlined by the Board in paragraph 3 of the BOARD
ETERMINATION/RECOMMENDATION section below.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 9 May 1965 therefore, the time for the
applicant to file a request for correction of any error or injustice
expired on 8 May 1968.  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

__BK ___  __JPI ___  __RJO___  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 also 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 the applicant's authorized awards include the
Republic of Vietnam Gallantry Cross with Pal Unit Citation Badge.


                                  _        John P. Infante_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR                                      |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050721                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |19710802                                |
|DISCHARGE AUTHORITY     |AR 635-200 . . . .                      |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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