RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        29 September 2005
      DOCKET NUMBER:  AR20050004750


      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. Antoinette Farley             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Lester Echols                 |     |Chairperson          |
|     |Mr. Paul M. Smith                 |     |Member               |
|     |Mr. Leonard G. 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 (Armed Forces of
the United States Report of Transfer or Discharge) to show the following
awards: the Vietnam Service Medal with 2 or 3 bronze service stars; the
Republic of Vietnam Gallantry Cross with Palm Unit Citation; the Vietnam
Campaign Medal; the Good Conduct Medal; the Presidential Unit Citation; the
Meritorious Unit Commendation; "Vietnam Unit Citation"; "the Purple Heart
per enemy attack and wound of 6/15/71"; the “Aircrew Badge” [correctly
known as the Aircraft Crew Member Badge]; and Numerals 7, 8, 9 or 10 of the
Air Medal of which four awards are with “V” Device for heroism.

2.  The applicant states that the above awards were left off his separation
documents upon leaving Vietnam.

3.  The applicant provides in support of his case a copy of 1st Aviation
Brigade General Orders Number 1638, dated 5 June 1972, awarding him the Air
Medal with “V” Device and 1st Aviation Brigade General Orders Number 1819,
dated 26 June 1972, awarding him "the Air Medal Third Award with "V"
Device" [now correctly known as the Air Medal with Numeral "3" and with "V"
Device].

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on 18 April 1972, the date of his separation from the Army.  The
application submitted in this case is dated 25 March 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 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.  The applicant enlisted in the Regular Army on 25 March 1970.  He
completed basic combat training and advanced individual training (AIT) and
was awarded military occupational specialty 67N (UN-1 Helicopter
Repairman).  The applicant was assigned to the 57th Aviation Company in
Vietnam.  The applicant
served a tour of duty in the Republic of Vietnam during the period from 18
April 1971 through 17 April 1972.  The applicant was honorably separated
from active duty on 18 April 1972.

4.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form
214 shows that he was authorized the National Defense Service Medal, the
Vietnam Service Medal, the Vietnam Campaign Medal with Device 60, the
Sharpshooter Badge with Rifle Bar (M-16) and one Overseas Service Bar.

5.  The applicant's DD Form 214 does not show entries for the following
awards: the Vietnam Service Medal with 2 or 3 bronze service stars; the
Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge; the Good
Conduct Medal; the Presidential Unit Citation; the Meritorious Unit
Commendation; "Vietnam Unit Citation"; the "Aircrew Badge" [correctly known
as the Aircraft Crew Member Badge]; the Purple Heart; or the Air Medal with
Numerals or with "V" Device.

6.  Army Regulation 600-8-22 (Military Awards) does not identify the
"Vietnam Unit Citation" as an authorized military award.  Therefore, it is
not discussed further in this Record of Proceedings.

7.  The applicant's DD Form 214 shows the Vietnam Service Medal as an
authorized award.  However, there is no evidence the applicant received
credit for campaign participation during his service in Vietnam.  The
Appendix B of Army Regulation 600-8-22 shows he participated in three
campaigns the Tet 69 Counteroffensive; the Vietnam Summer-Fall 1969; and
the Vietnam Winter-Spring 1970.

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

9.  The applicant's military service record does not contain orders showing
that his unit was cited for award of the Presidential Unit Citation; or the
Meritorious Unit Commendation.


10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) list the unit awards received by units
serving in Vietnam.  The applicant was assigned to the 57th Aviation
Company in Vietnam which was cited for award of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation by Headquarters, Department of the
Army General Orders Number 8, dated 1974.

11.  The applicant's military service records do not contain any orders
awarding him the Good Conduct Medal.  However, Army Regulation 600-8-
22 provides that the Good Conduct Medal is awarded to individuals who
distinguish themselves by their conduct, efficiency and fidelity during a
qualifying period of active duty enlisted service.  This period is 3 years
except in those cases when the period for the first award ends with the
termination of a period of Federal military service.  Although there is no
automatic entitlement to the Good Conduct Medal, disqualification must be
justified.  The applicant's military service record contains information
which shows that he was absent without leave for seven days and that non-
judicial punishment was imposed for failure to go to his appointed place of
duty, dated 21 September 1970.

12.  The applicant's military record does not contain any general orders
awarding him the Purple Heart.  Item 40 (Wounds) of his DA Form 20
(Enlisted Qualification Record) is blank.  Item 41 (Awards and Decorations)
of this same form also shows no award of the Purple Heart.  The applicant's
name is not listed on the Vietnam Casualty Roster.

13.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, that the Purple Heart is awarded for a wound sustained as a result of
hostile action.  Substantiating evidence must be provided to verify that
the wound was the result of hostile action, the wound must have required
treatment, and the medical treatment must have been made a matter of
official record.  There is no statute of limitations governing requests for
award of the Purple Heart.

14.  The applicant's military service records do not contain any orders,
which show that he was cited for award of the Aircraft Crew Member Badge.
However, 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 67 MOSs.  The
applicant’s military record shows that he successfully completed formal AIT
and was awarded a primary MOS of 67N20 as of 30 September 1970.


15.  Review of the orders published during the Vietnam War produced 1st
Aviation Brigade General Orders Number 783, dated 13 March 1972, which
awarded the applicant the Air Medal for meritorious achievement while
participating in an aerial flight during the period 7 August 1971 through
14 September 1971.

16.  The applicant's military service records also contain 1st Aviation
Brigade General Orders Number 1638, dated 5 June 1972.  These orders
awarded the applicant the Second award of the Air Medal with "V" Device for
his action on 22 October 1972.

17.  The applicant's military service records contain 1st Aviation Brigade
General Orders Number 1819, dated 26 June 1972, which awarded the applicant
the Air Medal Third award with "V" Device for action on 18 September 1971.

18.  Army Regulation 600-8-22 provides that Arabic numerals are now used
instead of oak leaf clusters for the second and succeeding awards of the
Air Medal.  The numeral 2 denotes the second award of the Air Medal.

19.  Army Regulation 600-8-22 states, in pertinent part, that the bronze
oak leaf cluster is awarded to denote the second and succeeding awards of
certain decorations, among which is the Bronze Star Medal.

20.  Army Regulation 600-8-22 provides, in pertinent part, that the bronze
“V” device indicates acts of heroism involving conflict with an armed enemy
and authorizes the bronze “V” device in conjunction with awards of the Army
Commendation Medal, the Air Medal and the Bronze Star Medal.  The
regulation further provides that only one "V" Device is authorized for wear
on any decoration.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show
award of 2 or 3 bronze service stars for wear on his Vietnam Service Medal.


2.  Records show that the applicant participated in four campaigns during
his service in Vietnam.  Therefore, he is eligible for award of four bronze
service stars to be affixed to his Vietnam Service Medal.

3.  General Orders awarded the applicant the Republic of Vietnam Gallantry
Cross with Palm Unit Citation which is not shown on his DD Form 214.
Therefore, he is entitled to have his records corrected to show this
foreign unit award.

4.  There is no evidence of record which shows that the applicant’s unit
was awarded the Presidential Unit Citation or Meritorious Unit
Commendation.  Therefore, the applicant is not entitled to have these unit
awards added to his
DD Form 214.

5.  The applicant contends he is entitled to award of the Good Conduct
Medal.  His records clearly show that he did not distinguish himself by
conduct, efficiency, and fidelity required for award of the Good Conduct
Medal.  Therefore, the applicant is not entitled to have this award added
to his DD Form 214.

6.  The applicant contends that his DD Form 214 should be corrected to show
award of the Purple Heart for wounds received in Vietnam on 15 June 1971.

7.  The applicant's records do not contain orders, which show he was
awarded the Purple Heart.  There is no evidence of record, which shows that
the applicant was wounded as a result of hostile action and underwent
medical treatment on 15 June 1971.  Based on the applicant's personnel
records, it is concluded that there is insufficient evidence to
substantiate award of the Purple Heart.  Further the applicant signed his
DD Form 214, dated 18 April 1972, which authenticated that he received no
wounds in action.  Therefore, the applicant is not entitled to have this
award added to his DD Form 214.

8.  The applicant contends that he was awarded the Aircraft Crew Member
Badge.

9.  His records show that he completion of training in MOS 67N.  Therefore,
he has met the regulatory requirements for award of the Aircraft Crew
Member Badge.  Therefore, the applicant is entitled to correction of his DD
Form 214 to show this badge.

10.  The applicant contends that he is entitled to award of 7 or 8 or 9 or
10 of the Air Medal of which four awards are with " V" Device for heroism.


11.  The applicant’s record contains General Orders authorizing three
awards of the Air Medal.  Two of these awards were for heroism.  Therefore,
the applicant is entitled to the Air Medal with Numeral "3" and with "V"
Device.  The applicant's records should be corrected to show these awards.

12.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 18 April 1972; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 17 April 1975.  Although the applicant did not file within the
ABCMR's statute of limitations, it is appropriate to waive failure to
timely file based on the fact there is no statute of limitations on
requests for award of the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__LE_____  _LH___  _PMS____  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 showing he was awarded
the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the
Vietnam Service Medal with four bronze service stars, the Air Medal with
Numeral "3" and with "V" Device, and the Aircraft Crew Member Badge.

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
the Purple Heart, the Presidential Unit Citation, and the Meritorious Unit
Commendation.




                  __Lester Echols___
                    CHAIRPERSON
                                    INDEX

|CASE ID                 |AR20050004750                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050929                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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