RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           3 August 2004
      DOCKET NUMBER:  AR2004102027


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Fred N. Eichorn               |     |Chairperson          |
|     |Ms. Gail J. Wire                  |     |Member               |
|     |Mr. John T. Meixell               |     |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 (Armed Forces
of the United States Report of Transfer or Discharge) for the period ending
12 August 1970 be corrected to show all his duty stations, all his awards
and citations to include overseas bars, and the accurate dates of his
service in Vietnam.  He requests that his total overseas service be
corrected.  He requests a certificate of discharge showing he was
discharged in August 1970 in the rank of Sergeant,  E-5.  He requests this
DD Form 214 be amended to show he was wounded on    6 May 1970.  He also
requests replacement of his military medals.

2.  The applicant states that his DD Form 214(s) do not provide accurate
information regarding awards, citations, duty stations, units served in,
and accurate dates of combat duty in Vietnam.  He states that he served a
total of   36 months overseas, not 2 years, 10 months, and 9 days.  His
discharge certificate shows he was discharged on 22 August 1967 as a
Private First Class, E-3 but he never received a certificate for his
discharge in August 1970.  He states that these errors are causing him
problems in his attempts to gain employment.  He states his military medals
were lost in a fire.

3.  The applicant provides those document listed on the DD Form 149
(Application for Correction of Military Records under the Provisions of
Title 10,  U. S. Code, Section 1552).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on      12 August 1970.  The application submitted in this case is dated 15
January 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 enlisted in the Regular Army on 16 August 1966.  He
completed basic combat training and advanced individual training and was
awarded military occupational specialty (MOS) 11B (Light Weapons
Infantryman).

4.  Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted
Qualification Record) shows he departed for Vietnam on 5 January 1967.
Item 38 (Record of Assignments) shows he was assigned to Company A, 4th
Battalion, 39th Infantry, 9th Infantry Division on 13 January 1967.

5.  The applicant was honorably discharged on 22 August 1967 for the
purpose of immediately reenlisting on 23 August 1967.  His DD Form 214 for
this period shows he was awarded the National Defense Service Medal, the
Combat Infantryman Badge, the Vietnam Service Medal with one bronze service
star, the Republic of Vietnam Campaign Medal with device 1960, the
Sharpshooter Marksmanship Qualification Badge Rifle M-14, and the Marksman
Marksmanship Qualification Badge Rifle M-16.  Item 12 (Last Duty and
Assignment and Major Command) shows he was assigned to Company A, 4th
Battalion, 39th Infantry, 9th Infantry Division, Army Post Office 96371.
Item 24c (Foreign and/or Sea Service) shows he completed 7 months and 18
days of foreign service.  It does not show where he served that foreign
service.  Item 27 (Wounds Received as a Result of Action with Enemy Forces)
contains the entry, "None."

6.  The applicant was transferred to the 118th Aviation Company (Assault
Helicopter) on 24 August 1967.

7.  The applicant was awarded primary MOS 67A1F and MOS 11B was
redesignated his secondary MOS on orders dated 27 May 1968.  He was
promoted to Specialist Five, E-5 on 24 June 1968.

8.  Item 38 of the applicant's DA Form 20 shows he departed Vietnam on
      7 August 1968 after receiving participation credit for six campaigns.
 Item            31 shows he departed Vietnam on 15 August 1968.

9.  The applicant served a second tour in Vietnam.  Item 31 of his DA Form
     20 shows he departed for Vietnam on 13 May 1969.  Item 38 shows he was
assigned to 2d Signal Group, Aviation Detachment from 17 May 1969 through
 8 October 1969 and to the 118th Aviation Company (Assault Helicopter) from
     9 through 17 October 1969.  He was assigned to the 190th Aviation
Company (Assault Helicopter) on 18 October 1969.

10.  On orders dated 28 June 1970, the commander of the 190th Aviation
Company (Assault Helicopter) appointed the applicant an acting Sergeant, E-
5.

11.  Orders dated 2 July 1970 reassigned the applicant to the U. S. Army
Transfer Station Fort Dix, NJ with a report date of 14 August 1970.  Those
orders show his rank as Specialist Five.

12.  The applicant departed Vietnam on 10 August 1970.  Both items 31 and
  38 of his DA Form 20 show he departed from Vietnam on that date after
receiving participation credit for four campaigns.

13.  Orders dated 12 August 1970 released the applicant from active duty
effective 12 August 1970 from the U. S Army Personnel Center, Oakland, CA.
Those orders show his rank as Sergeant.

14.  The applicant was honorably released from active duty on 12 August
1970 and transferred to the U. S. Army Reserve Control Group
(Reinforcement).

15.  The applicant's DD Form 214 for the period ending 12 August 1970
shows, in item 5a (Grade, Rate, or Rank), his rank as Sergeant; in item 12
(Last Duty Assignment and Major Command), the 190th Assault Helicopter
Company, 1st Aviation Brigade, U. S. Army Vietnam; in item 16 (Terminal
Date of Reserve Obligation), a service obligation terminal date of 15
August 1972; in item 22c, that he served in the U. S. Army Pacific for 2
years, 2 months, and 21 days; and in item 30 (Remarks), that he served in
Vietnam from 23 August 1967 through  15 August 1968 and from 13 May 1969
through 10 August 1970.  There is no item in this version of the DD From
214 for entry of wounds received in action.

16.  The applicant's DD Form 214 for the period ending 12 August 1970 also
shows that he was awarded the National Defense Service Medal, the Vietnam
Service Medal, the Republic of Vietnam Campaign Medal with device 1960, the
Combat Infantryman Badge, the Meritorious Unit Citation (correctly known as
the Meritorious Unit Commendation), the Army Good Conduct Medal, the Army
Commendation Medal (First Oak Leaf Cluster), the Air Medal, and the Purple
Heart.

17.  The applicant was honorably discharged from the U. S. Army Reserve on
 15 August 1972.  His discharge orders show he was discharged in the rank
of Specialist Five.

18.  Except for the Combat Infantryman Badge, which was awarded on orders
dated 27 February 1967 and is listed on his DD Form 214 for the period
ending 22 August 1967, the applicant was awarded all his personal
decorations, to include the Purple Heart, during his second enlistment.

19.  The applicant was awarded the Air Medal for the period 7 to 23
September 1967 on Headquarters, 1st Aviation Brigade General Orders Number
5761 dated 1 December 1967.  He was awarded the Air Medal Second through
Twenty-First Oak Leaf Cluster for the period 24 September 1967 to 27 July
1968 on Headquarters, 1st Aviation Brigade General Orders Number 7150 dated
           18 October 1968.  (Note:  Arabic numerals are now used instead
of oak leaf clusters for the second and succeeding awards.  The numeral 2
denotes the second award.)

20.  The applicant was awarded the Aircraft Crew Member Badge on
Headquarters, 145th Combat Aviation Battalion Special Orders Number
 101 dated 19 April 1968.

21.  The applicant was awarded the Army Commendation Medal with "V" device
on Headquarters, 1st Aviation Brigade General Orders Number 4595 dated
 14 July 1968 for heroism on 23 October 1967.

22.  The applicant was awarded the Army Commendation Medal on Headquarters,
1st Aviation Brigade General Orders Number 490 dated              25
January 1970 for service during the period 15 July to 15 December 1969.

23.  The applicant was awarded the Distinguished Flying Cross on
Headquarters, 1st Aviation Brigade General Orders Number 4648 dated 4 June
1970 for heroism on 6 May 1970.

24.  The applicant was awarded the Purple Heart on Headquarters, 12th
Aviation Group (Combat) General Orders Number 19 dated 17 June 1970 for
wounds received on 6 May 1970.

25.  The applicant was awarded the Army Commendation Medal (First Oak
Leaf Cluster) on Headquarters, 1st Aviation Brigade General Orders Number
5124 dated 17 June 1970 for service during the period August 1969 to August
1970.

26.  The applicant was awarded the Army Good Conduct Medal on Headquarters,
145th Aviation Battalion (Combat) General Orders Number         36 dated 27
July 1970.

27.  The applicant provided two Certificates of Appreciation and one Letter
of Commendation with second endorsement with his application.

28.  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 that, at the time of the
applicant's assignment to the 4th Battalion, 39th Infantry, it was awarded
the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the
period 1 December 1966 through 30 June 1968 on Department of the Army
General Orders (DAGO) Number 31 dated 1969.  It was also awarded the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for
the period 19 December 1966 through 28 June 1969 on DAGO Number 59 dated
1969.

29.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant's assignment to the 118th Aviation Company (Assault Helicopter),
it was awarded the Meritorious Unit Commendation for the period 1 January
through 31 December 1967 on DAGO Number 48 dated 1968.  It was also awarded
the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the
period 27 March 1967 through 18 May 1968 on DAGO Number 46 dated 1969.

30.  Department of the Army Pamphlet 672-3 states that not more than one
Republic of Vietnam Gallantry Cross Unit Citation will be worn by any
individual.  Although multiple awards of this unit citation badge may not
be worn, official military personnel and historical records will indicate
all awards received.

31.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant's second assignment to the 118th Aviation Company (Assault
Helicopter), it was awarded the Republic of Vietnam Civil Actions Honor
Medal First Class Unit Citation for the period 1 May 1969 through 15 May
1970 on DAGO Number 55 dated 1971.

32.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant's assignment to the 190th Aviation Company (Assault Helicopter),
it was also awarded the Republic of Vietnam Civil Actions Honor Medal First
Class Unit Citation for the period 1 May 1969 through 15 May 1970 on DAGO
Number  55 dated 1971.

33.  Army Regulation 600-8-22 (Military Awards) states that one bronze
service star is authorized for wear on the appropriate service medal for
each campaign participation credited.  One silver service star will be worn
in lieu of five bronze service stars.

34.  Army Regulation 600-8-22 states that replacement of medals or service
ribbons for individuals not on active duty may be made at cost price.
Requests for medals should be directed to National Personnel Records
Center, National Archives Records Administration, Army Medals Section, 9700
Page Avenue, St. Louis, MO  63132-5100.  No money should be mailed until
instructions are received.

35.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents prepared for soldiers upon retirement, discharge, or release from
active military service or control of the Army.  It establishes
standardized policy for the preparation of the DD Form 214.  In pertinent
part it states that the DD Form 214 is a synopsis of the soldier’s most
recent period of continuous active duty.  It provides a brief, clear-cut
record of active Army service at the time of release from active duty,
retirement or discharge.

36.  Army Regulation 635-5, the version effective 23 January 1967, provided
that the total active duty outside the continental limits of the United
States for the period covered by the DD Form 214 and the last overseas
theater in which the service was performed would be entered in item 22c.
This version of the regulation did not make any provision for the
identification of service in Vietnam in Remarks until change number 11
effective 27 January 1970.  The guidance then was to enter the inclusive
dates of service in Vietnam during the current period.

37.  Army Regulation 635-5 provides that the DD Form 214 will reflect
decorations, medals, badges, citations and campaign ribbons awarded or
authorized for all periods of service.  Certificates of Achievement,
Letters of Appreciation, and similar documents are not recorded on the DD
Form 214.

38.  Army Regulation 670-1 prescribes the authorization for wear of
uniforms and prescribes the awards, insignia and accoutrements authorized
for wear on the uniform.  In pertinent part, it states that one overseas
service bar is authorized for each period of 6 months active Federal
service as a member of a U. S. Service in Vietnam from 1 July 1958 to 28
March 1973.  Overseas bars are designated as uniform insignia.

39.  Army Regulation 600-200 (Enlisted Personnel Management System),
chapter 7, at the time provided policy and guidance on the promotion and
reduction of enlisted personnel.  In pertinent part, it stated that
qualified individuals could be appointed as acting noncommissioned officers
to serve in position vacancies existing in their units.  An acting
noncommissioned officer's status would be terminated at the discretion of
the unit commander who made the appointment or upon reassignment to another
unit.

DISCUSSION AND CONCLUSIONS:

1.  The DD Form 214 is a synopsis of the soldier’s most recent period of
continuous active duty and is meant to provide a brief, clear-cut record of
active Army service at the time of release from active duty, retirement or
discharge.  It is not meant to record all assignments, only the last unit
to which the soldier was assigned.  The evidence of record shows the
applicant was assigned to Company A, 4th Battalion, 39th Infantry, 9th
Infantry Division at the time he separated on 22 August 1967 and to the
190th Aviation Company (Assault Helicopter) at the time he separated on 12
August 1970.  Both of his DD Forms 214 correctly reflect his last duty
assignment at the time of his discharge or release from active duty.

2.  Using item 31 of the applicant's DA Form 20 as the evidence of record
on which to calculate his overseas service, his DD Form 214 for the period
ending 22 August 1967 correctly shows he served 7 months and 18 days of
overseas service during the period covered by that DD Form 214:

      67 08 22  last day of that period of service
         - 67 01 05  date of departure for Vietnam
        =        7 17
        +             1  day inclusive
                  7 18

3.  Using the same evidence, the applicant's DD Form 214 for the period
ending 12 August 1970 correctly shows he served 2 years, 2 months, and 21
days of overseas service for the period of service covered by this DD Form
214:

      68 08 15  date of departure from Vietnam first tour
         - 67 08 23  first day of service in Vietnam for the period covered
by this DD
         =     11 22      Form 214
        +             1  day inclusive
        =      11 23

      70 08 10  date of departure from Vietnam second tour
         - 69 05 13  date of arrival in Vietnam second tour
        =   1   2 27
        +             1  day inclusive
        =  1   2 28

            11 23                                 7 18
        +  1     2 28                      + 2  2 21
         = 1   13 51                                  = 2  9  39
            1   14 21                                          = 2 10   9
days total Vietnam service
         = 2     2 21

4.  On 22 August 1967, the applicant was honorably discharged for the
purpose of immediately reenlisting on 23 August 1967.  On 12 August 1970,
the applicant was not discharged from the Army.  He was released from
active duty.  He was
not discharged until he was discharged from the U. S. Army Reserve upon
completing his military service obligation on 15 August 1972.  A copy of
his discharge orders will be provided to him.

5.  The applicant's orders discharging him from the U. S. Army Reserve
correctly show his rank as Specialist Five.  Since he had only been
appointed an acting Sergeant, his appointment should have been terminated
when he departed the 190th Aviation Company (Assault Helicopter).  His DD
Form 214 for the period ending 12 August 1970 and his release from active
duty orders incorrectly show his rank as Sergeant; however, the errors will
not be corrected.

6.  The applicant had not been wounded at the time his DD Form 214 for the
period ending 22 August 1967 was prepared.  The version of the DD Form 214,
for the period ending 12 August 1970, that was prepared after he had been
wounded no longer contained an item identifying wounds received in action.
That DD Form 214 does show that he was awarded the Purple Heart.

7.  Item 30 of the applicant's DD Form 214 for the period ending 12 August
1970 properly shows he served in Vietnam only during the period 23 August
1967 through 15 August 1968 and 13 May 1969 through 10 August 1970.  The
requirement was to enter foreign service served during the period covered
by the DD Form 214.  However, because the applicant's DD Form 214 for the
period ending 22 August 1967 improperly fails to indicate he served in
Vietnam during the period covered by that DD Form 214, it would be in the
interest of justice to add his initial period of service in Vietnam to his
latter DD Form 214 as an exception to policy as a matter of convenience.

8.  Overseas bars are designated as uniform insignia and therefore are not
recorded on the DD Form 214.

9.  Certificates of Achievement, Letters of Appreciation, and similar
documents are not recorded on the DD Form 214.

10.  The applicant's DD Form 214 for the period ending 12 August 1970 is
missing several of his personal decorations and authorized unit awards:

     a.  He was awarded the Air Medal for the period 7 to 23 September 1967
on orders dated 1 December 1967 and the Air Medal Second through Twenty-
First Oak Leaf Cluster for the period 24 September 1967 to 27 July 1968 on
orders dated 18 October 1968.  Although it appears the second set of orders
should have awarded him the Air Medal First through Twentieth Oak Leaf
Cluster (based on the ending date on the first set of orders and the
beginning date on the second set of orders), for the sake of conformity the
second set of orders will be adhered to.  Since Arabic numerals are now
used instead of oak leaf clusters for the second and succeeding awards, his
DD Form 214 should be amended to show he was awarded the Air Medal with
numeral 22.

     b.  He was awarded the Aircraft Crew Member Badge on orders dated
     19 April 1968.

     c.  He was awarded the Army Commendation Medal with "V" device on
orders dated 14 July 1968.  He was erroneously awarded the Army
Commendation Medal on orders dated 25 January 1970 for service during the
period 15 July to 15 December 1969.  These orders should have reflected
award of the Army Commendation Medal First Oak Leaf Cluster.  He was
erroneously awarded the Army Commendation Medal First Oak Leaf Cluster on
orders dated 17 June 1970 for service during the period August 1969 to
August 1970.  These orders should have reflected award of the Army
Commendation Medal Second Oak Leaf Cluster.  Although the beginning period
of service reflected on the third set of orders overlaps the ending period
of service reflected on the second set of orders, the third set also
contains an additional seven-month period.  Therefore, it would be
appropriate to consider the third set of orders to be an award for a
separate period.  His DD Form 214 should be amended to show he was awarded
the Army Commendation Medal with Second Oak Leaf Cluster with "V" device.

     d.  The applicant was awarded the Distinguished Flying Cross on orders
dated 4 June 1970.

     e.  The applicant was assigned to several units in Vietnam during
periods of time those units were awarded the Meritorious Unit Commendation
(already listed on his DD Form 214) and awarded the Republic of Vietnam
Gallantry Cross with Palm Unit Citation (two times).  Although he may wear
only one award, all should be indicated on his DD Form 214.  He was also
assigned to units during three separate periods they were awarded the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.
Therefore, his DD Form 214 should additionally show he was authorized two
awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation
and three awards of the Republic of Vietnam Civil Actions Honor Medal First
Class Unit Citation.

     f.  The applicant is authorized to wear two silver service stars on
the Vietnam Service Medal.

11.  The applicant may request replacement military medals as noted in
paragraph 34 above.

BOARD VOTE:

__fne___  __gjw___  __jtm___  GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that the DD Form 214 for the
period ending 12 August 1970 of the individual concerned be corrected by:

     a.  amending item 24 to show he was awarded the National Defense
Service Medal, the Vietnam Service Medal with two silver service stars, the
Republic of Vietnam Campaign Medal with device 1960, the Combat Infantryman
Badge, the Aircraft Crew Member Badge, the Army Good Conduct Medal, the
Distinguished Flying Cross, the Army Commendation Medal with Second Oak
Leaf Cluster with "V" device, the Air Medal with numeral 22, the Purple
Heart, the Meritorious Unit Commendation, two awards of the Republic of
Vietnam Gallantry Cross with Palm Unit Citation, and three awards of the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation;
and

     b.  amending item 30 to show he served in Vietnam from 5 January 1967
through 22 August 1967 (prior enlistment), from 23 August 1967 through
     15 August 1968, and from 13 May 1969 through 10 August 1970.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
amending his DD Form 214 for the period ending 12 August 1970 to show
overseas bars, to show his Certificates of Appreciation and Letter of
Commendation, to show all his units of assignment, to show that he was
discharged on 12 August 1970 in the rank of
Sergeant, to show he completed 36 months of overseas service, to show he
was wounded in action on 6 May 1970, and to reissue him all his medals.




            __Fred N. Eichorn_____
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR2004102027                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040803                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |110.04                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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