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ARMY | BCMR | CY2004 | 20040008865C070208
Original file (20040008865C070208.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          28 July 2005
      DOCKET NUMBER:  AR20040008865


      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. Richard P. Nelson             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. Larry C. Bergquist            |     |Member               |
|     |Mr. James B. Gunlicks             |     |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 correction of two Air Medal Certificates and
nine Air Medal Citations by changing his first name from “Frank” to “Fred.”

2.  The applicant states that the certificates and citations all have his
first name incorrectly entered.  He further states that he is presently
“involved in a disability claim with the VA and I believe I’ll need these
documents to be correct in order to support this claim.”

3.  The applicant provides:

      a. a copy of his DD Form 214 (Armed Forces of the United States
Report of Transfer or Discharge);

      b. an Air Medal Certificate showing the first award of the Air Medal
to Frank (Applicant) during the period 17 to 26 July 1967;

      c. an Air Medal Certificate showing award of the Air Medal (First
through Eighth Oak Leaf Clusters) to Frank (Applicant) during the period 15
August to 2 November 1967;

      d. an Air Medal Citation, indicating that Frank (Applicant)
distinguished himself by meritorious achievement, while participating in
sustained aerial flight, in support of combat ground forces in the Republic
of Vietnam during the period 17 to 26 July 1967;


      e. an Air Medal Citation, indicating that Frank (Applicant)
distinguished himself by meritorious achievement, while participating in
sustained aerial flight, in support of combat ground forces in the Republic
of Vietnam during the period 15 to 29 August 1967;


      f. an Air Medal Citation, indicating that Frank (Applicant)
distinguished himself by meritorious achievement, while participating in
sustained aerial flight, in support of combat ground forces in the Republic
of Vietnam during the period 30 August to 24 September 1967;


      g. an Air Medal Citation, indicating that Frank (Applicant)
distinguished himself by meritorious achievement, while participating in
sustained aerial flight, in support of combat ground forces in the Republic
of Vietnam during the period 26 September to 3 October 1967;
      h. an Air Medal Citation, indicating that Frank (Applicant)
distinguished himself by meritorious achievement, while participating in
sustained aerial flight, in support of combat ground forces in the Republic
of Vietnam during the period 5 to 12 October 1967;


      i. an Air Medal Citation, indicating that Frank (Applicant)
distinguished himself by meritorious achievement, while participating in
sustained aerial flight, in support of combat ground forces in the Republic
of Vietnam during the period 13 to 17 October 1967;


      j. an Air Medal Citation, indicating that Frank (Applicant)
distinguished himself by meritorious achievement, while participating in
sustained aerial flight, in support of combat ground forces in the Republic
of Vietnam during the period 18 to 22 October 1967;


      k. an Air Medal Citation, indicating that Frank (Applicant)
distinguished himself by meritorious achievement, while participating in
sustained aerial flight, in support of combat ground forces in the Republic
of Vietnam during the period 23 to 27 October 1967; and,


      l. an Air Medal Citation, indicating that Frank (Applicant)
distinguished himself by meritorious achievement, while participating in
sustained aerial flight, in support of combat ground forces in the Republic
of Vietnam during the period 28 October to 2 November 1967.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error that
occurred on 11 July 1968.  The application submitted in this case is dated
8 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 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’s military records show that he enlisted in the Regular
Army on 12 July 1962, completed training in Military Occupational Specialty
67N20 (Aircraft Maintenance Mechanic), and served in various locations
throughout the United States and Germany.  He was assigned to Vietnam where
he served in the 129th Aviation Company from 5 December 1966 to 2 September
1967, and in the 176th Aviation Company from 3 September to 26 November
1967.  The applicant was honorably discharged in pay grade E-5 on 15 July
1969.

4.  Item 24 of the applicant’s DD Form 214 (Decorations, Medals, Badges,
Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows
that he is entitled to the following decorations: the Vietnam Service Medal
with one bronze service star; the National Defense Service Medal; the Army
Commendation Medal; the Good Conduct Medal; the Sharpshooter Marksmanship
Badge with Rifle Bar; the Aircraft Crewman Badge; the Vietnam Campaign
Medal; and, one overseas service bar.  No other awards or decorations are
listed.

5.  Headquarters, Americal Division General Orders Number 1092, dated
1 March 1968, announced award of the Air Medal to the applicant.  These
orders show the applicant’s first name as “Frank.”

6.  Headquarters, Americal Division General Orders Number 1098, dated
1 March 1968, announced award of the Air Medal (1st through 8th Oak Leaf
Cluster) to the applicant.  These orders show the applicant’s first name as
“Frank.”

7.  Army Regulation 600-8-104 (Military Personnel Information
Management/Records) prescribes the policies governing the Official Military
Personnel File, the Military Personnel Records Jacket, the Career
Management Individual File, and Army Personnel Qualification Records.  In
pertinent part, this regulation states that for U.S. military decorations
the only acceptable source documentation is the order, letter, or
memorandum that awards the decoration. Award certificates, citations, or
separation certificates alone will not be the basis for entry of a
decoration.

8.  Army Regulation 600-8-22 (Military Awards) provides that Arabic
numerals are now used instead of oak leaf clusters for the second and
succeeding awards of the Air Medal.  The suspension ribbon of the medal or
the ribbon bar denotes the first award and numerals, starting with the
numeral 2, denote the number of additional awards of the Air Medal.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in Vietnam.  This document shows the unit, to which the applicant
was assigned, was cited for award of the Meritorious Unit Commendation
during the period 5 September 1966 to 31 March 1967 by Department of the
Army General Orders Number 17, dated 1968.  This document also shows that
the unit was cited for award of the Republic of Vietnam Gallantry Cross
Unit Citation with Palm for the period 27 March 1967 to 18 May 1968 by
Department of the Army General Orders Number 46, dated 1969.

10.  Army Regulation 600-8-22, in pertinent part, authorizes award of a
bronze service star, based on qualifying service, for each campaign listed
in Appendix B of this regulation and states that authorized bronze service
stars will be worn on the appropriate service medal.  The appendix shows
that the applicant is entitled to wear one bronze service star for each the
following Vietnam campaigns: Vietnam Counteroffensive Phase II; and,
Vietnam Counteroffensive Phase III.

DISCUSSION AND CONCLUSIONS:

1.  The staff of the Board reviewed all the documents in the applicant’ s
military records.  Each and every document, with the exception of the
documents that pertain to award of the Air Medal, lists the applicant’s
first name as “Fred.”

2.  In addition, the review also shows that the applicant’s Army Service
Number is consistent throughout, to include those documents pertaining to
award of the Air Medal.

3.  Since all orders, awarding the Air Medal to applicant, were published
on the same date, it is clearly evident that entry of the applicant’s first
name was a clerical error and should be corrected at this time.

4.  The applicant is requesting correction of his first name on all Air
Medal documents because he feels he might need them to substantiate award
of the Air Medals in a claim with the Department of Veterans Affairs.
Since the only acceptable source document for recording award of a military
decoration is the order, letter, or memorandum that awards the decoration,
it would be in the interest of justice to amend the orders and show the
applicant’s correct first name.

5.  In view of the above, Headquarters, Americal Division General Orders
Number 1092 and 1098, dated 1 March 1968, should be corrected to show the
applicant’s first name as “Fred.”  Headquarters, Americal Division General
Orders Number 1098, dated 1 March 1968, should be further corrected as
follows:
      Awarded: Air Medal
      2d Award 15 August 1967 to 29 August 1967
      3d Award 30 August 1967 to 24 September 1967
      4th Award 26 September 1967 to 3 October 1967
      5th Award 5 October 1967 to 12 October 1967
      6th Award 13 October 1967 to 17 October 1967
      7th Award 18 October 1967 to 22 October 1967
      8th Award 23 October 1967 to 27 October 1967
      9th Award 28 October 1967 to 2 November 1967.

6.  In addition, Item 24 of the applicant’s DD Form 214 should be corrected
to show award of the Air Medal (9th Award).

7.  General Orders show that the applicant is entitled to the Meritorious
Unit Commendation.  Therefore, he is entitled to correction of his records
to show this unit award.

8.  General Orders show that the applicant is entitled to the Republic of
Vietnam Gallantry Cross Unit Citation with Palm.  Therefore, he is entitled
to correction of his records to show this unit award.

9.  Evidence of record shows that the applicant received the Vietnam
Service Medal and participated in two campaigns.  As a result, he is
entitled to award of one additional bronze service star, to be affixed to
the Vietnam Service Medal, and correction of his records to show this
appurtenance.

BOARD VOTE:

____lcb__  ___wdp _  ___jbg___  GRANT 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 by:

      a. correcting Headquarters, Americal Division General Orders Number
1092 and 1098, dated 1 March 1968, to show the applicant’s first name as
“Fred;”

      b. further correcting Headquarters, Americal Division General Orders
Number 1098, dated 1 March 1968, to show:

      Awarded: Air Medal
      2d Award 15 August 1967 to 29 August 1967
      3d Award 30 August 1967 to 24 September 1967
      4th Award 26 September 1967 to 3 October 1967
      5th Award 5 October 1967 to 12 October 1967
      6th Award 13 October 1967 to 17 October 1967
      7th Award 18 October 1967 to 22 October 1967
      8th Award 23 October 1967 to 27 October 1967
      9th Award 28 October 1967 to 2 November 1967;

      c. correcting Item 24 of the applicant’s DD Form 214  to show award
of the Air Medal (9th Award);

      d. showing award of the Meritorious Unit Commendation;

      e. showing award of the Republic of Vietnam Gallantry Cross Unit
Citation with Palm; and,


      f. showing award of one additional bronze service star, for a total of
two, to be affixed to the Vietnam Service Medal.






            __________William D. Powers________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050008865                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2005/07/28                              |
|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.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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