RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           2 September 2004
      DOCKET NUMBER:   AR2004101717


      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. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Walter T. Morrison            |     |Chairperson          |
|     |Mr. William D. Powers             |     |Member               |
|     |Mr. Ronald J. Weaver              |     |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 separation document
(DD Form 214) be corrected by adding the Air Medal (AM) with Valor (“V”)
Device, Bronze Star Medal (BSM) with 1st Oak Leaf Cluster, and Republic of
Vietnam (RVN) Gallantry Cross with Palm Unit Citation to the list of awards
contained in Item 24 (Decorations, Medals, Badges, Commendations, Citations
and Campaign Ribbons Awarded or Authorized).

2.  The applicant states, in effect, that he earned the AM with “V” Device
and his service in the RVN entitles him to the RVN Gallantry Cross with
Palm Unit Citation.  Further, he states he should receive a second BSM
based on completing two tours in the RVN.

3.  The applicant provides his 12 September 1970 separation document
(DD Form 214), AM Certificate, and extract of an internet document
pertaining to eligibility for the RVN Gallantry Cross with Palm Unit
Citation in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
that occurred during his active duty service, which ended upon his
separation on
12 September 1970.  The application submitted in this case is dated 8
December 2003.

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.  Title 10 of the United States Code, section 1130 (10 USC 1130) provides
the legal authority for consideration of proposals for decorations not
previously submitted in timely fashion.  It allows, in effect, that upon
the request of a Member of Congress, the Secretary concerned shall review a
proposal for the award or presentation of a decoration (or the upgrading of
a decoration), either for an individual or a unit, that is not otherwise
authorized to be presented or awarded due to limitations established by law
or policy for timely submission of a recommendation for such award or
presentation.  Based upon such review, the Secretary shall make a
determination as to the merits of approving the award or presentation of
the decoration.

4.  The applicant requested award of a second BSM based on his completion
of two tours of duty in the RVN.  There is no automatic entitlement to a
BSM for service in the RVN.  Further, there are no orders or other evidence
on file confirming the applicant was awarded a second BSM.  As a result, if
the applicant believes his RVN service warrants award of a second BSM, he
may request this award through a Member of Congress under the provisions of
Section 1130 of Title 10, United States Code.  This issue will not be
discussed further in this Record of Proceedings.

5.  The applicant’s record shows that he initially entered active duty in
an enlisted status on 5 February 1968.  He served for 11 months and 27 days
until being honorably discharged on 12 January 1969, for the purpose of
accepting a warrant officer appointment.  On 13 January 1969, he was
appointed a warrant officer and entered active duty in that status.

6.  The record further shows the applicant served in the RVN from 5
February 1969 through 9 September 1970.  It also indicates that during his
tenure on active duty, the applicant received the National Defense Service
Medal, RVN Campaign Medal with 1960 Device, Vietnam Service Medal, BSM, and
AM
(11th Award).  There are no orders or other documents on file that indicate
the applicant was ever awarded a second BSM or the “V” Device with his AM.


7.  On 12 September 1970, the applicant was released from active duty and
transferred to the United States Army Reserve (USAR).  At the time, he held
the rank of chief warrant officer two (CW2) and had completed a total of 2
years,
7 months and 8 days of active military service.
8.  The applicant provides a copy of an AM Certificate, dated 20 November
1970, which was issued by the commanding general, 1st Aviation Brigade,
RVN.  This document shows the applicant was awarded the AM for heroism
while participating in aerial flight in the RVN on 5 July 1970.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 3-15 contains
guidance on award of the AM.  It states, in pertinent part, that the AM is
awarded to members who distinguish themselves by meritorious achievement
while participating in aerial flight.  Awards may be made to recognize acts
of heroism for those acts that are of a lesser degree than required for
award of the Distinguished Flying Cross.

10.  Paragraph 6-5 of the awards regulation contains guidance on the “V”
Device.  It states, in pertinent part, that it is authorized for wear on
the AM for heroic acts or valorous deeds not warranting awards of the
Distinguished Flying Cross.

11.  Department of the Army General Order Number 8, dated in 1974,
authorized the award of the RVN Gallantry Cross with Palm Unit Citation to
all personnel assigned to the RVN from 8 February 1962 through 28 March
1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim that his record should be corrected to show he is
authorized a “V” Device with his AM and that he is entitled to the RVN
Gallantry Cross with Palm Unit Citation based on his service in the RVN was
carefully considered and found to have merit.

2.  The applicant provides an AM Certificate that confirms he was awarded
the AM for heroism while participating in aerial flight in the RVN on 5
July 1970.  By regulation, the “V” Device is authorized for wear on the AM
for heroic or valorous deeds.  Thus is would be appropriate to correct the
applicant’s record to show he is authorized the “V” Device with his AM.

3.  The Army authorized the RVN Gallantry Cross with Palm Unit Citation to
all members who served in the RVN between 8 February 1962 and 28 March
1973. As a result, based on his service in the RVN, the applicant is
entitled to this award and his record should be corrected accordingly.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__WTM__  _WDP __  __RJW__  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 that he is authorized a “V”
Device with his Air Medal; that based on his service in the RVN, he is
entitled to the Republic of Vietnam Gallantry Cross with Palm Unit
Citation; and by providing him a corrected separation document that
includes these awards.




            _WALTER T. MORRISON  _
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004101717                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2004/09/DD                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1970/09/12                              |
|DISCHARGE AUTHORITY     |10 USC 681a                             |
|DISCHARGE REASON        |Early Release of WO Aviators            |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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