RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 September 2005
      DOCKET NUMBER:  AR20050000021


      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. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Larry J. Olson                |     |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 award of the Bronze Star Medal and correction of
his DD Form 214 (Armed Forces of the United States Report of Transfer or
Discharge).

2.  The applicant states, in effect, that he was presented the Bronze Star
Medal, but the award, along with several other awards, did not get entered
onto his DD Form 214.

3.  The applicant provides a self-authored letter, dated 16 December 2004;
a letter from his former battalion commander, dated 9 December 2004; an
email message from his former unit maintenance officer, dated 1 November
2004; a copy of his DD Form 214 and DD Form 215 (Correction to DD Form 214,
Certificate of Release or Discharge from Active Duty), dated 12 August
1999; a copies of his Air Medal certificate and citation, Army Commendation
Medal certificate and citation, and Purple Heart certificate; and a copy of
orders awarding him the Expert Badge with M-14 Rifle, in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 29 June 1969, the date of his discharge from the U.S. Army.
The application submitted in this case is dated 16 December 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 limitations 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.  Military records show that the applicant enlisted in the U.S. Army on
8 November 1966.  After completion of basic combat training and advanced
individual training, the applicant was awarded military occupational
specialty (MOS) 67N (Rotary Turbine Utility Helicopter Mechanic).

4.  On 6 December 1967, the applicant was assigned to the 196th Aviation
Company, 10th Combat Aviation Battalion, 17th Aviation Group in Vietnam.
He was honorably separated from active duty on 29 June 1969.
5.  The applicant's DD Form 214, issued at the time the applicant was
separated from active duty, shows that he was awarded the National Defense
Service Medal, Vietnam Campaign Medal, Vietnam Service Medal, Good Conduct
Medal, Sharpshooter Qualification Badge with M-14 Rifle, Expert
Qualification Badge with M-16 Rifle, and three Overseas Service Bars.

6.  The applicant's records contain a DA Form 1577 (Authorization for
Issuance of Awards), dated 16 November 1987, from the Army Reserve
Personnel Center, St. Louis, Missouri, which shows the applicant was issued
the Good Conduct Medal, National Defense Service Medal, Vietnam Service
Medal with one silver service star, and Republic of Vietnam Campaign Ribbon
with Device (1960).  The document also shows that the applicant was advised
that he was authorized the Republic of Vietnam Gallantry Cross with Palm
Unit Citation, which is a foreign decoration that is not issued by the
Department of the Army.

7.  The applicant's records contain a copy of a letter from the applicant
to the Army Reserve Personnel Center, dated 20 April 1998, which shows he
requested correction of his DD Form 214.  On 12 August 1999, a DD Form 215
was issued by the Army Reserve Personnel Center adding the Purple Heart to
applicant's DD Form 214.  A Purple Heart Certificate was also issued to the
applicant for the wounds he received in action on 23 April 1969.

8.  The applicant's records contain a copy of a letter from the applicant
to the Army Reserve Personnel Center, dated 23 August 2004, which shows he
requested replacement of his Purple Heart Certificate and correction of his
DD Form 214 to reflect all of his awards.  On 21 December 2004, a DD Form
215 was issued by the Army Reserve Personnel Center, which cancelled and
superseded the previous DD Form 215, issued on 12 August 1999.  This
document shows the deletion of the Sharpshooter Qualification Badge with M-
14 Rifle and Vietnam Service Medal from Item 24 of the applicant's DD Form
214.  This document also shows the addition of the, "Purple Heart, Espert
Badge with Rifle Bar (M-14), Army Commendation Medal, Air Medal, Expert
Badge with Rifle Bar (M-14), and Vietnam Service Medal with 1 Silver
Service Star".

9.  The applicant requests award of the Bronze Star Medal, reissue of his
Purple Heart Certificate, and correction of his DD Form 214 to accurately
reflect his awards.  The applicant provides two letters from officers who
served with him in Vietnam, copies of award documents, and his discharge
document.

10.  The applicant's military service records do not contain any general
orders or evidence that he was awarded the Bronze Star Medal.

11.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze
Star Medal is awarded in time of war for heroism and for meritorious
achievement or service.  As with all personal decorations, formal
recommendations, approval through the chain of command, and announcement in
orders are required. Recommendations must be made within 2 years of the
event or period of service and the award must be made within 3 years.

12.  The applicant's request for award of the Bronze Star Medal is governed
by Title 10, United States Code, Section 1130.  Since the applicant has not
exhausted his administrative remedy, the ABCMR cannot take any further
action at this time on his request for award of the Bronze Star Medal.
However, the applicant has been advised by separate correspondence of the
procedures for requesting award of the Bronze Star Medal under the
provisions of Section 1130. As a result, the request for award of the
Bronze Star Medal is not discussed further in this Record of Proceedings.

13.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 39
(Campaigns), shows that he participated in four campaigns.

14.  Army Regulation 600-8-22, Appendix B (Campaigns, Service Requirements,
and Inscriptions Prescribed for Streamers) lists campaigns during the
Vietnam Conflict.  This document shows that, at the time of the applicant's
assignment to the 196th Aviation Company, 10th Combat Aviation Battalion,
17th Aviation Group, it participated in the Vietnam Counteroffensive Phase
III, TET Counteroffensive, Vietnam Counteroffensive Phase IV, Vietnam
Counteroffensive V; Vietnam Counteroffensive VI, TET 1969 Counteroffensive,
and Vietnam Summer-Fall 1969 campaigns; for a total of seven campaigns.

15.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Vietnam Service Medal.  This medal is awarded to all members of the Armed
Forces of the United States for qualifying service in Vietnam after 3 July
1965 through 28 March 1973.  Qualifying service included attachment to or
assignment for 1 or more days with an organization participating in or
directly supporting military operations.  A bronze service star is worn on
the Vietnam Service Medal to denote an additional award for participation
in a campaign.  A silver service star is worn on the medal in place of five
bronze service stars.





16.  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 10th Aviation Company, 10th Combat Aviation
Battalion, 17th Aviation Group, the unit was cited for award of the
Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department
of the Army General Orders Number 21, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his DD Form 214 does not
accurately reflect all of his awards because the documentation was not
available at the time he was separated from active duty.

2.  Item 24 of the applicant's DD Form 214, as amended by the applicant's
DD Form 215, shows award of the Vietnam Service Medal with 1 silver service
star and fails to show award of the Republic of Vietnam Gallantry Cross
with Palm Unit Citation.  All other awards which the applicant is entitled
to are accurately reflected on his discharge document.

3.  Records show that the applicant served in seven campaigns in Vietnam.
Therefore, he is entitled to correction of his records to show award of one
silver service star and two bronze service stars to be affixed to his
Vietnam Service Medal.

4.  General Orders awarded the applicant's unit the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.  Therefore, it would be
appropriate to correct his records to show this foreign unit award.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 29 June 1969; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
28 June 1972.  Although the applicant did not file within the ABCMR's
statute of limitations, it is appropriate to waive failure to timely file
in this case.









BOARD VOTE:

___JTM_   __WDP_   __LJO__    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 showing the following:

      a.  Correction of DD Form 214.

            Item 24:  Delete:     Espert Badge w/ Rifle Bar (M-14)
                             Vietnam Service Medal w/1 Silver Service Star

            Item 24:  Add:   Vietnam Service Medal with 1 Silver Service
                             Star and 2 Bronze Service Stars
                             Republic of Vietnam Gallantry Cross with Palm

      b.  DA Form 4980 (Purple Heart Certificate).
            Reissue to applicant for wounds received in action in the
Republic               of Vietnam on 23 April 1969.




                                  _____John T. Meixell________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050000021                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050908                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19690629                                |
|DISCHARGE AUTHORITY     |AR 635-200, Chapter 5                   |
|DISCHARGE REASON        |Overseas Returnee                       |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0014.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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