RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          29 September 2005
      DOCKET NUMBER:  AR20050002401


      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:

|     |Mr. Lester Echols                 |     |Chairperson          |
|     |Mr. Paul Smith                    |     |Member               |
|     |Mr. Leonard Hassell               |     |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 award of the Air Medal, the Republic of
Vietnam Gallantry Cross with Palm Unit Citation, the Sharpshooter
Marksmanship Qualification Badge with Rifle Bar, and the Expert
Marksmanship Qualification Badge with Rifle Bar.

2.  The applicant states he never received the Air Medal and he flew
numerous combat missions.  He contends that he never received the Expert
Marksmanship Qualification Badge and his DD Form 214 reflects that he did.
He also states that the Republic of Vietnam Gallantry Cross with Palm Unit
Citation and the Sharpshooter Marksmanship Qualification Badge with Rifle
Bar are not on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214; a Vietnam Combat
Certificate; reassignment orders; and orders for the Expert Marksmanship
Qualification Badge with Rifle Bar.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
9 November 1971.  The application submitted in this case is dated 1
February 2005.

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 requested correction of his records to show award of the
Air Medal.  There are no orders or other evidence authorizing this
decoration to the applicant. In the absence of a proper award authority for
this decoration, the applicant may request award of the Air Medal 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, they will not be
discussed further in this Record of Proceedings.

4.  The applicant enlisted on 30 November 1968 for a period of 3 years.  He
successfully completed basic combat training and advanced individual
training (AIT) in military occupational specialty (MOS) 68E (propeller and
rotor repairman).  He served in this MOS assigned to the 244th Aviation
Company in Vietnam from 15 January 1970 through 14 June 1970.  He was
assigned to the 235th Aviation Company in Vietnam from 15 June 1970 through
4 December 1970.  On 9 November 1971, the applicant was released from
active duty.

5.  The applicant’s DD Form 214 shows the National Defense Service Medal,
the Vietnam Service Medal, the Army Commendation Medal, the Vietnam
Campaign Medal, the Good Conduct Medal, two awards of the Overseas Service
Bar, and the Expert Marksmanship Qualification Badge as authorized awards.

6.  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 (244th
Aviation Company) is entitled to award of the Republic of Vietnam Gallantry
Cross with Palm Unit Citation based on Department of the Army General
Orders Number 52, dated 1971.

7.  Item 29 (Qualification in Arms) on the applicant’s DA Form 20 (Enlisted
Qualification Record) shows he qualified sharpshooter on the M-14 Rifle.

8.  Headquarters, U.S. Army Transportation School Special Orders Number
150, dated 1 August 1969, show the applicant qualified expert on the M-16
Rifle.

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

10.  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.

11.  Army Regulation 600-8-22 provides, in pertinent part, that the
Aircraft Crew Member Badge may be permanently awarded for successful
completion of formal AIT in career management field 68 MOS’s.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's unit was cited for award of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation while he was assigned to it.
2.  The entry on the applicant’s DA Form 20 which shows that he qualified
sharpshooter on the M-14 rifle is accepted as sufficient as a basis for
amending his DD Form 214 to show the Sharpshooter Marksmanship
Qualification Badge with Rifle Bar.

3.  The applicant’s DD Form 214 shows the Expert Marksmanship Qualification
Badge as an authorized award.  However, orders show he received the Expert
Marksmanship Qualification Badge with Rifle Bar.  Therefore, it would be
appropriate to correct his DD Form 214 to show this marksmanship
qualification badge with component bar.

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.  Since the applicant completed AIT in career management field 68E MOS,
he is entitled to award of the Aircraft Crew Member Badge.

6.  Records show the applicant should have discovered the alleged errors
now under consideration on 9 November 1971; therefore, the time for the
applicant to file a request for correction of any error expired on 8
November 1974.  The applicant did not file within the 3-year statute of
limitations; however, based on the available evidence it would be in the
interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

LE_____  PS______  LH______  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 DD Form 214 to show the
Republic of Vietnam Gallantry Cross with Palm Unit Citation, the
Sharpshooter Marksmanship Qualification Badge with Rifle Bar, the Expert
Marksmanship Qualification Badge with Rifle Bar, the Vietnam Service Medal
with three bronze service stars, and the Aircraft Crew Member Badge.




            ___Lester Echols______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050002401                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050929                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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