RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          9 August 2005
      DOCKET NUMBER:  AR20050000069


      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. Wanda L. Waller               |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Barbara Ellis                 |     |Chairperson          |
|     |Mr. Kenneth Wright                |     |Member               |
|     |Mr. Patrick McGann                |     |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 correction of his DD Form 214 (Report of
Transfer or Discharge) to show a second award of the Overseas Service Bar
and the Army Commendation Medal with "V" Device.

2.  The applicant states that his DD Form 214 does not show the correct
unit he served with in Vietnam (aero-rifle platoon Troop, 7th Armored
Squadron, 17th Air Cavalry and the 569th Transportation Company).

3.  The applicant provides a copy of his DD Form 214; orders for the Army
Commendation Medal with "V" Device with First Oak Leaf Cluster and the
first award of the Good Conduct Medal; and a letter, dated 8 December 2004,
from a Member of Congress.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
25 December 1969.  The application submitted in this case is dated 3
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 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 was inducted on 4 January 1968.  His DA Form 20 (Enlisted
Qualification Record) shows he served as a supply clerk assigned to Troop
B, 7th Squadron, 17th Air Cavalry in Vietnam from 6 March 1969 through 17
March 1969.  He was then assigned to the 569th Transportation Company
Detachment, 7th Squadron, 17th Air Cavalry in Vietnam from 18 March 1969
through
21 December 1969.  On 25 December 1969, the applicant was released from
active duty.

4.  The applicant’s DD Form 214 shows the National Defense Service Medal,
the Vietnam Service Medal, the Vietnam Campaign Medal, the Good Conduct
Medal, one award of the Overseas Service Bar, the Expert Marksmanship
Qualification Badge with Rifle Bar, and the Marksman Marksmanship
Qualification Badge with Rifle Bar as authorized awards.

5.  Item 12 (Last Duty Assignment and Major Command) on the applicant's DD
Form 214 shows the entry, "569th TC [Transportation Company] DET
[Detachment] 7/17th AIR CAV [7th Squadron, 17th Air Cavalry]."

6.  Headquarters, 1st Aviation Brigade General Orders Number 5877, dated
13 November 1969, show the applicant received the Army Commendation Medal
for meritorious service during the period December 1968 to December 1969.

7.  Headquarters, 1st Aviation Brigade General Orders Number 6628, dated
19 December 1969, show the applicant received the Army Commendation Medal
with "V" Device with First Oak Leaf Cluster for heroism on 14 July 1969 in
Vietnam.

8.  Records show the applicant participated in three campaigns during his
assignment in Vietnam.

9.  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 the applicant's unit (569th
Transportation Detachment) is entitled to award of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation based on Department of the Army
General Orders Number 42, dated 1972.

10.  Army Regulation 670-1 prescribes the authorization for wear of
uniforms and prescribes the awards, insignia and accouterments 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.  Both the month of arrival in Vietnam and the month of
departure from Vietnam will count as a whole month for credit toward the
overseas service bar.

11.  Army Regulation 600-8-22 (Military Awards), in pertinent part,
authorizes award of a bronze service star, based on qualifying service, for
each campaign listed in Appendix B of this regulation and states that
authorized bronze service stars will be worn on the appropriate service
medal.

DISCUSSION AND CONCLUSIONS:

1.  Since the Overseas Service Bar is an item of uniform wear and not an
award or decoration, there is no basis for granting the applicant’s request
to show a second award of the Overseas Service Bar on his DD Form 214.  In
addition, the evidence of record shows he served in Vietnam from March 1969
to December 1969 and so is authorized to wear only one award of the
Overseas Service Bar.
2.  Orders show the applicant received two awards of the Army Commendation
Medal, one award for valor.  Therefore, his DD Form 214 should be corrected
to show award of the Army Commendation Medal with "V" Device with First Oak
Leaf Cluster.

3.  The applicant's DA Form 20 shows his last duty assignment was with the
569th Transportation Company Detachment, 7th Squadron, 17th Air Cavalry, in
Vietnam.  Although the applicant contends that his DD Form 214 does not
show the correct unit he served with in Vietnam, item 12 on his DD Form 214
properly shows that his last duty assignment and major command was the
569th Transportation Company Detachment, 7th Squadron, 17th Air Cavalry.
Therefore, there is no basis for granting the applicant's request to amend
item 12 on his DD Form 214.

4.  The applicant participated in three campaigns during his assignment in
Vietnam which entitles him to award of the Vietnam Service Medal with three
bronze service stars.

5.  The applicant's unit (569th Transportation Detachment) received the
Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was
assigned to it.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

BE_____  KW_____  PM_____  GRANT PARTIAL 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 all Department of the Army
records of the individual concerned be corrected by amending his DD Form
214 to show that he was awarded the Army Commendation Medal with "V" Device
with First Oak Leaf Cluster, the Vietnam Service Medal with three bronze
service stars and the Republic of Vietnam Gallantry Cross with Palm Unit
Citation.

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
adding a second award of the Overseas Service Bar to his DD Form 214 and
amending item 12 on his DD Form 214.




            ___Barbara Ellis______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050000069                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050809                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0000                                |
|2.                      |107.0020                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]