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ARMY | BCMR | CY2004 | 2004105718C070208
Original file (2004105718C070208.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           4 January 2005
      DOCKET NUMBER:  AR2004105165
                         AR2004105718


      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:

|     |Ms. Karen A. Heinz                |     |Chairperson          |
|     |Mr. Robert L. Duecaster           |     |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, in two separate applications, that his
separation document (DD Form 214) be corrected to reflect he was awarded
the Air Medal (AM) and that his military occupational specialty (MOS) was
67A1F
(Aircraft Maintenance Apprentice).

2.  The applicant states, in effect, that the AM is incorrectly listed in
Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign
Ribbons Awarded or Authorized) of his DD Form 214 as “IAR Medal” and Item
23a (Specialty Number and Title) should list MOS 67F1F, which he was
awarded on 13 August 1968.

3.  The applicant provides a copy of his 30 December 1968 DD Form 214 in
support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
that occurred on 30 December 1968.  The application submitted in this case
is dated 8 March 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 record shows he enlisted in the Regular Army and
entered active duty on 12 March 1966.  He was initially trained in and
awarded MOS 61B (Harbor Craft Boatswain) and he was awarded MOS 67A1F
(Aircraft Maintenance Apprentice) on 13 August 1968.

4.  The applicant’s Enlisted Qualification Record (DA Form 20) confirms he
served two tours of duty in the Republic of Vietnam (RVN).  The first RVN
tour was from 14 January 1967 through 15 January 1968.  During this tour,
he was assigned to the following units for the periods indicated:  522nd
Transportation Platoon, from 18 January 1967 through 3 November 1967; 161st
Aviation Company, from 4 November 1967 through 1 January 1968; and Company
A, 123rd Aviation Battalion, from 2 through 15 January 1968.
5.  The record shows that during his second tour in the RVN, from 19 July
1968 through 27 December 1968, the applicant was assigned to the 240th
Assault Helicopter Company, performing duties in MOS 67A1F as a door
gunner.

6.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20 confirms
that during his tenure on active duty, he earned the following awards:
National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), RVN
Campaign Medal with 60 Device, Air Medal (AM), Aircraft Crewmember Badge, 2
Overseas Bars and Marksman Qualification Badge with Rifle Bar.

7.  The applicant Military Personnel Records Jacket (MPRJ) contains a copy
of Headquarters Americal Division General Orders Number 1688, dated
23 December 1967, which awarded the applicant the AM for the period
11 November 1967 through 17 December 1967.  The MPRJ also contains a copy
of Headquarters, 214th Combat Aviation Battalion Special Orders Number 198,
dated 13 August 1968, which awarded the applicant the primary MOS 67A1F and
withdrew his 61B MOS.  There is also a copy of Headquarters 214th Combat
Aviation Battalion Special Orders Number 205, dated 21 August 1968, on
file, which awarded the applicant the Aircraft Crewmember Badge.

8.  On 30 December 1968, the applicant was honorably separated after
completing 2 years, 9 months and 19 days of active military service.  The
DD Form 214 he was issued at the time lists the MOS 61B in Item 23a and
lists the following awards in Item 24:  NDSM, VSM, RVN Campaign Medal and
“IAR Medal” (sic).

9.  Army Regulation 600-8-22 Army Regulation 600-8-22 (Military Awards)
prescribes Army policy and criteria concerning individual military awards.
Paragraph 2-13 contains guidance on the VSM.  It states, in pertinent part,
that a bronze service star is authorized with this award for each campaign
a member is credited with participating in while serving in the RVN.  A
silver service star is awarded in lieu of five bronze service stars to
denote participation in five campaigns.

10.  Table B of the awards regulation contains a list of Army campaigns.
It shows that during the applicant’s tenure of assignment in the RVN, he is
entitled to be credited with participation in the following campaigns:
Vietnam Counteroffensive Phase II, Vietnam Counteroffensive Phase III, TET
Counteroffensive 1968, Vietnam Counteroffensive Phase V and Vietnam
Counteroffensive Phase VI.
11.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register) establishes the eligibility of individual members for campaign
participation credit, assault landing credit, and unit citation badges
awarded during the Vietnam Conflict.  It confirms that during his tenure of
assignment in the RVN, the applicant’s unit (522nd Transportation Platoon)
was awarded the Meritorious Unit Commendation.  Further, Department of the
Army General Order Number 8, dated in 1974, authorized the award of the
Republic of Vietnam 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 the AM he earned was erroneously entered on
his DD Form 214 as the “IAR Medal” and that his MOS should be listed as
67A1F was carefully considered and found to have merit.

2.  The evidence of record confirms the applicant was awarded the primary
MOS 67A1F on 13 August 1968, at which time his 61B MOS was withdrawn.  As a
result, it would be appropriate to correct Item 23a of his DD Form 214 by
deleting the current entry and replacing it with the entry “67A1F, Aircraft
Maintenance Apprentice”.

3.  The record further confirms the applicant was awarded the AM, for the
period 11 November through 17 December 1967, and the Aircraft Crewmember
Badge on 21 August 1968.  Therefore, it would also be appropriate to add
these awards to his separation document at this time.

4.  The evidence of record also confirms that based on his RVN service and
campaign participation, he is entitled to the Meritorious Unit
Commendation,
RVN Gallantry Cross with Palm Unit Citation and 1 silver service star with
his VSM.  Thus, these awards should also be added to his record and
separation document.


BOARD VOTE:

___JBG__  __RLD__  __KAH__  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 amending his 30 December 1968 DD Form
214 as follows:

      a.  Item 23a - delete the current entry and replace it with the entry
“67A1F Aircraft Maintenance Apprentice”; and


      b.  Item 24 - delete the current list of awards and replace it with
the following list:  National Defense Service Medal, Air Medal, Meritorious
Unit Commendation, Vietnam Service Medal with 1 silver service star,
Republic of Vietnam Campaign Medal with 60 Device, Republic of Vietnam
Gallantry Cross with Palm Unit Citation, Aircraft Crewmember Badge,
Marksman Qualification Badge with Rifle Bar, and 2 Overseas Bars.






            ____Karen A. Heinz_______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004105718 - AR2004105165             |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/01/04                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1968/12/30                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.  1021                |100.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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