RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          26 October 2005
      DOCKET NUMBER:  AR20050003535


      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. Richard P. Nelson             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James E. Vick                 |     |Chairperson          |
|     |Mr. Conrad V. Meyer               |     |Member               |
|     |Ms. Linda M. Baker                |     |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 (Certificate of
Release or Discharge from Active Duty) to add award of the Air Medal with
twenty-nine Oak Leaf Clusters and “V” Device, the Army Commendation Medal
with seven Oak Leaf Clusters and “V” Device, and the Army Achievement
Medal.

2.  The applicant states these decorations were not entered on his DD Form
214 during out-processing at Fort Dix, New Jersey upon his retirement.  He
did not “think about it at the time” and now desires to have the DD Form
214 corrected.

3.  Other than the application itself, the applicant does not provide any
documentation, or other form of evidence, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error that
occurred on 31 July 1985.  The application submitted in this case is dated
16 December 2004 and was received by the Board on 25 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’s military records show he enlisted in the Regular Army
on 16 July 1965, completed training in Military Occupational Specialty
67N20 (Helicopter Mechanic) and served two tours of duty in Vietnam.  He
served in Company A, 1st Aviation Battalion, from 16 December 1966 to 22
July 1968 and in Battery A (Aviation), 377th Artillery (Airmobile) from 17
January to 25 November 1970.  He later served in various assignments in the
United States, Germany, and Korea.  He was honorably separated from active
duty in pay grade E-8 on 31 July 1985, and placed on the retired list the
following day.

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons
Awarded or Authorized) of the applicant’s DD Form 214 shows that he is
entitled to the following decorations: the Bronze Star Medal with 1st Oak
Leaf Cluster and “V” Device; the Meritorious Service Medal; the Vietnam
Service Medal with seven bronze service stars; the Good Conduct Medal (6th
Award); the National Defense Service Medal; the Army Service Ribbon; the
Overseas Service Ribbon with Numeral 2; the Noncommissioned Officer
Professional Development Ribbon with Numeral 3; the Republic of Vietnam
Cross of Gallantry with Bronze Star (3d Award); the Republic of Vietnam
Gallantry Cross Unit Citation with Palm; the Republic of Vietnam Campaign
Medal with Device (1960); the Aircraft Crewman Badge; and, the Expert
Marksmanship Badge with Rifle Bar.  No other awards or decorations are
listed.

5.  Headquarters, 1st Infantry Division General Orders Numbers 1410, 4088,
7550, 9057, and 9328 all announced award of the Air Medal with “V” Device
to the applicant, for heroism on five separate dates in 1967.

6.  Headquarters, 1st Infantry Division General Orders Number 341, dated
12 April 1968, announced award of the Air Medal (Twenty-Ninth Oak Leaf
Cluster) to the applicant.

7.  Army Regulation 600-8-22 (Military Awards) provides that Arabic
numerals are now used instead of oak leaf clusters for the second and
succeeding awards of the Air Medal.  The suspension ribbon of the medal or
the ribbon bar denotes the first award and numerals starting the numeral 2,
denote the number of additional awards of the Air Medal.

8.  Headquarters, 1st Infantry Division General Orders Number 6329, dated
30 August 1967, announced award of the Army Commendation Medal with “V”
Device to the applicant.

9.  Headquarters, 37th Transportation Group Permanent Orders 17-2, dated
23 April 1985, announced award of the Army Commendation Medal (Seventh Oak
Leaf Cluster) to the applicant.

10.  Headquarters, 1st Infantry Division (Mechanized) and Fort Riley
Permanent Orders 59-3, dated 30 April 1982, announced award of the Army
Achievement Medal to the applicant.

11.  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 unit, to which the applicant
was assigned, was cited for award of the Republic of Vietnam Civil Actions
Honor Medal First Class Unit Citation for the period October 1965 to 7
April 1970 by Department of the Army General Orders Number 53, dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  General Orders show the applicant received the Air Medal with twenty-
nine oak leaf clusters and “V” Device.  Therefore he is entitled to
correction of his records to show this decoration and appurtenances.  Since
the applicant was released from active duty on 31 July 1985, his records
should reflect the Air Medal with Numeral 30 and “V” Device.

2.  General and Permanent Orders show the applicant received the Army
Commendation Medal with seven oak leaf clusters and “V” Device.  Therefore
he is entitled to correction of his records to show this decoration and
appurtenances.

3.  Permanent Orders show the applicant received the Army Achievement
Medal. Therefore he is entitled to correction of his records to show this
decoration.

4.  General Orders show that the applicant is entitled to the Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he
is entitled to correction of his records to show this unit award.

BOARD VOTE:

___cvm__  ___jev___  ___lmb__  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 showing award of:

      a. the Air Medal with Numeral 30 and “V” Device;


      b. the Army Commendation Medal with Seventh Oak Leaf Cluster and “V”
Device;


      c. the Army Achievement Medal; and,


      d. the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation.




            _________James E. Vick________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050003535                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051026                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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