RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          28 September 2004
      DOCKET NUMBER:  AR2004102199


      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             |
|     |Ms. Rosa M. Chandler              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Fred Eichorn                  |     |Chairperson          |
|     |Ms. Karen Y. Fletcher             |     |Member               |
|     |Mr. Ronald E. Blakely             |     |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
(AM).

2.  The applicant states, in essence, that he served with the 1st Air
Cavalry Division on many combat missions.

3.  The applicant provides in support of his request a copy of his DA Form
20 (Enlisted Qualification Record).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
6 January 1971.  The application submitted in this case is dated 14
November 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.  The applicant requests correction of his records to show award of the
AM.  There are no orders or other evidence available that authorizes award
of this decoration to the applicant.  In the absence of a proper award
authority for this decoration, the applicant may request award of the AM
under the provisions of Section 1130 of Title 10, United States Code.  The
applicant has been notified by separate correspondence of the procedures
for applying for this decoration under Section 1130 and, as a result, it
will not be discussed further in this Record of Proceedings.

4.  The applicant’s military records show that on 7 January 1969, he was
inducted into the Army of the United States.  He completed the training
requirements and he was awarded military occupational specialty (MOS) 11B
(Light Weapons Infantryman).

5.  The applicant was assigned to Vietnam with duties in his MOS from 7
June 1969 to 5 April 1970.  During this period of service, he served with
Company E, 1st Battalion, 8th Cavalry, 1st Air Cavalry Division from 12
June 1969 until he was assigned to C Company, 1st Battalion, 8th Cavalry on
17 June 1969.  He was further assigned to Headquarters and Headquarters
Company, 1st Battalion, 8th Cavalry on 7 October 1969 and he served with
this unit until he left Vietnam and returned to the United States.

6.  The applicant served in Vietnam during the Vietnam Summer-Fall 1969 and
Vietnam Winter-Spring 1970 campaigns.

7.  The applicant's DD Form 214 (Armed Forces of the United States Report
of Transfer or Discharge) shows that, on 6 January 1971, he was honorably
separated from active duty.

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Medals Awarded or Authorized) Discharge) on the applicant's DD
Form 214 shows he was awarded the National Defense Service Medal, Vietnam
Service Medal with two Bronze Service Stars, Vietnam Campaign Medal with 60
Device, Combat Infantryman Badge, and the Vietnam Gallantry Cross Unit
Citation with Palm.

9.  In accordance with Department of the Army Pamphlet 672-3 (Unit Citation
and Campaign Participation Credit Register), the applicant’s unit was
awarded the Vietnam Civil Actions Honor Medal, First Class Unit Citation,
by Headquarters, Department of the Army General Orders Number 42, dated
1972.  The applicant's DD Form 214 does not show this award because he had
been separated.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the applicant's unit was awarded the
Vietnam Civil Actions Honor Medal, First Class Unit Citation.  Therefore,
his DD Form 214 should be corrected to show this award.

2.  Evidence shows that the applicant’s records contain administrative
error which 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 2 of the BOARD
DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___fe___  __kyf___  __reb___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.  The Board determined that an 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 award of the Vietnam Civil Actions Honor Medal, First
Class Unit Citation.



                 Fred Eichorn
            ______________________
                    CHAIRPERSON

















                                    INDEX

|CASE ID                 |AR2004102199                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040928                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT)                                 |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0018                                |
|2.                      |107.0095                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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