RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        9 June 2005
      DOCKET NUMBER:  AR20040009660


      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. Michael J. Fowler             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Mr. Lester Echols                 |     |Member               |
|     |Ms. Carol A. Kornhoff             |     |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 his records to show award of the
Vietnam Service Medal and any other award he is authorized.

2.  The applicant states, in effect, that he reenlisted in the Regular Army
while serving in Vietnam.

3.  The applicant provides a DD Form 214 (Report of Separation from Active
Duty) for the period ending 7 April 1972.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an error that occurred on
7 April 1972.  The application submitted in this case is dated 27 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 enlisted in the Regular Army on 9 January 1969 and
successfully completed basic training and advanced individual training
(AIT).  He was awarded military occupational specialty (MOS) 67N
(Helicopter Repairman
UH-1).

4.  The applicant arrived in Vietnam and was assigned to the 190th Assault
Helicopter Company on or about 15 July 1969.  He was reassigned to the
173rd Aviation Company on 23 March 1970.  He was discharged on 8 December
1970 and immediately reenlisted on 9 December 1970.

5.  The applicant departed Vietnam on or about 5 January 1971 after being
credited with participating in four campaigns.  On 7 April 1972, the
applicant was separated from active duty.

6.  The applicant's DD Form 214 for the period ending 7 April 1972 shows he
was awarded the National Defense Service Medal, the Army Commendation Medal
2nd Oak Leaf Cluster, the Expert Marksmanship Qualification Badge (M-16),
and the Sharpshooter Marksmanship Qualification Badge (M-14).
7.  Department of the Army General Orders Number 8, 1974, announced award
of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to
Headquarters, U. S. Military Assistance Command and its subordinate units
during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.
S. Army Vietnam and its subordinate units during the period 20 July 1965 to
28 March 1973.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) list the unit awards received by units
serving in Vietnam.  This document shows that, at the time of the
applicant’s assignment to the 190th Assault Helicopter Company, it was
cited for award of the Republic of Vietnam Civil Actions Honor Medal First
Class Unit Citation for the period 1 May 1969 through 15 May 1970 based on
Headquarters, Department of the Army General Orders Number 55, dated 1971.

9.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant’s assignment to the 173rd Aviation Company, it was cited for
award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation for the period 1 May 1969 through 15 May 1970 based on
Headquarters, Department of the Army General Orders Number 55, dated 1971.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, for award of the Aircraft Crew Member Badge.  The Aircraft Crew
Member Badge may be permanently awarded to Soldiers upon successful
completion of formal AIT in career management field (CMF) 67 MOSs.

11.  Army Regulation 600-8-22 provides for award of the Republic of Vietnam
Campaign Medal with device 1960 to personnel who have served in the
Republic of Vietnam for 6 months during the period 1 March 1961 to 28 March
1973.

12.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Vietnam Service Medal.  This medal is awarded to all members of the Armed
Forces of the United States for qualifying service in Vietnam after 3 July
1965 through 28 March 1973.  Qualifying service included attachment to or
assignment for 1 or more days with an organization participating in or
directly supporting military operations.

13.  Army Regulation 600-8-22 provides, in pertinent part, for 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.


DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms that the applicant served in Vietnam
and so he is eligible for award of the Vietnam Service Medal, the Republic
of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of
Vietnam Campaign Medal with/device 1960.  His participation in four
campaigns entitles him to four bronze service stars to be worn on his
Vietnam Service Medal

2.  The applicant was assigned to units during a period of time these units
were awarded the Republic of Vietnam Civil Actions Honor Medal First Class
Unit Citation.  He is also eligible for award of the Aircraft Crew Member
Badge.  Therefore, his DD Form 214 should be amended to add these awards.

BOARD VOTE:

__MHM__  __EL____  __CAK__  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 by showing award of the Vietnam Service
Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the
Republic of Vietnam Campaign Medal with/device 1960, two Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citations, the Aircraft
Crew Member Badge, and four bronze service stars to be worn on his Vietnam
Service Medal.




                            ____ Mr. Melvin H. Meyer ___
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040009660                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |9 June 2005                             |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |

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