RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        JANUARY 19, 2005
      DOCKET NUMBER:  AR2004106504


      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. Luis Almodova                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Bernard P. Ingold             |     |Chairperson          |
|     |Mr. Larry C. Bergquest            |     |Member               |
|     |Ms. Delia R. Trimble              |     |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 the Army Commendation Medal be
added to his DD Form 214, Armed Forces of the United States Report of
Transfer or Discharge, and that he be awarded the Air Assault Badge and
that this badge also be added to his separation document.

2.  The applicant states, in effect, that he was awarded the Army
Commendation Medal but it was omitted from his DD Form 214 when he was
released from active duty.  He adds that he was never awarded the Air
Assault Badge and he encloses proof of his qualification for this award.

3.  The applicant provides a copy of a citation for award of the Army
Commendation Medal he received and a copy of a DA Form 2496-1, Disposition
Form, Subject:  Individual Combat Air Assaults dated 1 October 1970, with a
listing of dates.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an injustice, which occurred
on 22 September 1971.  The application submitted in this case is dated 24
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.  Clarification of the request made by the applicant was made on 4
January 2005.  By telephone, it was learned that the award that the
applicant seeks is the Air Medal and not the Air Assault Badge.  The
applicant’s request for award of the Air Medal is outside the statute of
limitations on approval of award recommendations for actions during the
Vietnam War.  However, the applicant’s request for this award can be
considered under the provisions of Title 10, United States Code, Section
1130, which governs consideration of awards not submitted within time
limits established by law.  The applicant must exhaust this remedy
before the ABCMR will consider this portion of his request and he has been
so notified by separate correspondence.  Therefore, consideration of award
of the Air Medal to the applicant will not be discussed further in this
Record of Proceedings.

4.  The applicant’s records show that he was inducted into the Army of the
United States on 16 January 1970.  Following completion of basic combat
training at Fort Dix, New Jersey, he completed advanced individual training
at Fort Polk, Louisiana, and was awarded the primary military occupational
specialty (MOS) 11B, Light Weapons Infantryman.

5.  The applicant was assigned to Vietnam and he arrived there on 11 June
1970.  He was assigned to Company D, 2nd Battalion, 3rd Infantry Regiment.
On 8 October 1970, the applicant was reassigned to Company C, 1st
Battalion, 46th Infantry Regiment.  The applicant served in Vietnam until 3
May 1971 when he was returned to the United States and assignment to Fort
Riley, Kansas.

6.  The applicant was honorably released from active duty on 22 September
1971, under the provisions of Army Regulation (AR) 635-200 and DCSPER-PS&T
Message, Date and Time Group 131940Z August 1971, for other good and
sufficient reason when determined by secretarial authority, in the rank and
pay grade of Specialist Four, E-4, with 1 year, 8 months, and 7 days active
military service.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of his DD Form 214, shows he was
awarded the following awards:  National Defense Service Medal; the Vietnam
Service Medal; the Republic of Vietnam Campaign Medal; the Combat
Infantryman Badge; the Expert Marksmanship Qualification Badge, with Rifle
Bar [M-16 Rifle]; the Marksman Marksmanship Qualification Badge, with
Pistol Bar [.45 Caliber Pistol]; and the Marksman Marksmanship
Qualification Badge, with Machinegun Bar [M-60 Machinegun].

8.  The applicant's DD Form 214 shows entitlement to the Vietnam Service
Medal; however, it does not show the service stars to which he is entitled
for his campaign participation.
9.  The applicant participated in the following two campaigns, during his
tour of duty in Vietnam:  the Sanctuary Counteroffensive, which extended
from 1 May through 30 June 1970; and the Vietnam Counteroffensive, Phase
VII, which extended from 1 July 1970 through 30 June 1971.

10.  The applicant provided a copy of an awards citation for the Army
Commendation Medal he received in Vietnam in support of his application.

11.  The applicant was awarded the Army Commendation Medal, for meritorious
service in connection with military operations against a hostile force, in
General Orders Number 05737, Headquarters, 23rd Infantry Division, dated 25
May 1971. This award was omitted from the applicant's DD Form 214 on his
separation from the Army.

12.  The applicant was awarded the Good Conduct Medal, for exemplary
behavior, efficiency and fidelity, in General Orders Number 424,
Headquarters, 1st Infantry Division (Mechanized) and Fort Riley, Kansas,
dated 31 August 1971.  This award was also omitted from the applicant's DD
Form 214 on his separation from the Army.

13.  AR 600-8-22, in pertinent part, authorizes award of a bronze service
star, based on qualifying service, for each campaign listed in its Appendix
B and states that authorized bronze service stars will be worn on the
appropriate service medal, in this case, the Vietnam Service Medal.

14.  Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign
Participation Credit Register, dated 29 January 1988, which lists unit
awards received by units serving in Vietnam, shows that the unit the
applicant was assigned to, during his service in Vietnam, Company A, 2nd
Battalion, 3rd Infantry Regiment, was awarded the Republic of Vietnam
Gallantry Cross, with Palm, Unit Citation, for the period 19 June 1968
through 31 July 1970, by Department of the Army General Orders (DAGO)
Number 51, dated 1971, and the Republic of Vietnam Civil Actions Honor
Medal, First Class, Unit Citation, for the period 12 December 1966 through
31 August 1970, by DAGO 31, dated 1971.

15.  DA Pamphlet 672-3 also shows that the second unit the applicant was
assigned to during his tour of duty in Vietnam, the 1st Battalion, 46th
Infantry
Regiment, was awarded the Republic of Vietnam Gallantry Cross, with Palm,
Unit Citation, for the period 1 March 1971 through 9 October 1971, by DAGO
Number 6, dated 1974.

16.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S.
and foreign unit awards.  This regulation states that a soldier may wear
the unit award permanently if the individual was assigned to, and present
for duty with the unit any time during the period cited; or was attached by
competent orders to, and present for duty with the unit during the entire
period, or for at least thirty consecutive days of the period cited.
Individuals may not wear more than one Republic of Vietnam Gallantry Cross
Unit Citation and one Republic of Vietnam Civil Actions Honor Medal Unit
Citation; this precludes wear of the Vietnamese fourrageres, which
represent additional unit awards.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Army Commendation Medal.  This award was
omitted from his DD Form 214 when he was released from active duty.  It
would be appropriate to add this award to his DD Form 214 at this time.

2.  The applicant was awarded the Good Conduct Medal.  This award was
omitted from his DD Form 214 when he was released from active duty.  It
would be appropriate to add this award to his DD Form 214 at this time.

3.  The applicant participated in two campaigns during his tour of duty in
Vietnam.  He is therefore entitled to award of two bronze service stars to
be affixed to his already-awarded Vietnam Service Medal and to have them
shown on his separation document.

4.  During his tour of duty in Vietnam, the applicant served in units that
were awarded two Republic of Vietnam Gallantry Cross, with Palm, Unit
Citations; and the Republic of Vietnam Civil Actions Honor Medal, First
Class, Unit Citation.  These unit awards are not shown on his DD Form 214.
He is entitled to these unit awards and to have them added to this DD
Form 214 at this time.

5.  The applicant, during a telephonic interview for clarification of his
request, now believes that he is entitled to award of the Air Medal and not
the Air Assault Badge.  There is no evidence that the applicant
satisfactorily completed an air assault-training course according to the
U.S. Army Training and Doctrine Command standardized Air Assault Core
Program of Instruction, or completed
the standard Air Assault Course while assigned or attached to the 101st
Airborne Division (Air Assault) after 1 April 1974.  The applicant was
released from active duty on 22 September 1971 and therefore could not have
met the criteria for award of the Air Assault Badge.

BOARD VOTE:

bpi__   __  lcb___    _  drt__  ___  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:

      a.  adding the already-awarded Army Commendation Medal and the Good
Conduct Medal to the applicant's DD Form 214;

      b.  awarding the applicant two Republic of Vietnam Gallantry Cross,
with Palm, Unit Citations; and the Republic of Vietnam Civil Actions Honor
Medal, First Class, Unit Citation, and adding these unit awards to his DD
Form 214; and

      c.  awarding the applicant two bronze service stars to be affixed to
his already-awarded Vietnam Service Medal, to denote his campaign
participation credit and adding these service stars to his DD Form 214.



                            ____Bernard P. Ingold   __
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR2004106504                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050119                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.  66                  |107.0020                                |
|3.  168                 |107.0122                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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