RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 December 2005
      DOCKET NUMBER:  AR20050005627


      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. Michael J. Fowler             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John T. Meixell               |     |Chairperson          |
|     |Ms. Maribeth Love                 |     |Member               |
|     |Mr. Richard G. Sayre              |     |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, in effect, correction of his records to show
award of the Bronze Star Medal (1st Oak Leaf Cluster), the Air Medal with
Numeral 5 and with "V" Device, and any other awards he is entitled.

2.  The applicant states, in effect, that the above awards need to be added
to his DD Form 214 (Armed Forces of the United States Report of Transfer or
Discharge) with the ending period 4 September 1970.

3.  The applicant provides no documentation in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
4 September 1970.  The application submitted in this case is dated 7 April
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 5 September 1967 and
successfully completed basic training and advanced individual training.  He
was awarded military occupational specialty 82C (Artillery Surveyor).

4.  The applicant arrived in Vietnam and was assigned to Headquarters and
Headquarters Battery, 1st Battalion (Airmobile), 21st Artillery on 9 March
1968.  He departed Vietnam on 12 October 1969 after being credited with
participating in six campaigns.  He was honorably released from active duty
on 4 September 1970.

5.  The applicant's DD Form 214 shows he was awarded the National Defense
Service Medal, the Vietnam Campaign Medal, the Vietnam Service Medal, the
Army Good Conduct Medal, the Bronze Star Medal, the Air Medal (1st Oak Leaf
Cluster), and the Sharpshooter Marksmanship Qualification Badge (Rifle).



6.  Headquarters, 1st Cavalry Division (Airmobile) General Orders Number
1067, dated 26 January 1969 show that the applicant was awarded the Air
Medal for meritorious achievement while participating in aerial flight in
the Republic of Vietnam.

7.  Headquarters, 1st Cavalry Division (Airmobile) General Orders Number
1840, dated 15 February 1969 show that the applicant was awarded the Bronze
Star Medal for meritorious service for the period March 1968 through March
1969.

8.  Headquarters, 1st Cavalry Division (Airmobile) General Orders Number
11356, dated 18 September 1969 show that the applicant was awarded the Air
Medal (1st through 3rd Oak Leaf Cluster) for meritorious achievement while
participating in aerial flight in the Republic of Vietnam.

9.  Headquarters, 1st Cavalry Division (Airmobile) General Orders Number
11667, dated 23 September 1969 show that the applicant was awarded the
Bronze Star Medal (1st Oak Leaf Cluster) for meritorious service for the
period April 1969 through October 1969.

10.  Headquarters, 1st Cavalry Division (Airmobile) General Orders Number
279, dated 5 January 1970 show that the applicant was awarded the Air Medal
with "V" Device for heroism while participating in aerial flight in the
Republic of Vietnam on 12 August 1969.

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 that, at the time of the
applicant’s assignment to the 1st Battalion (Airmobile), 21st Artillery, it
was cited for award of the Republic of Vietnam Gallantry Cross with Palm
Unit Citation for the period 9 August 1965 through 19 May 1969 based on
Headquarters, Department of the Army General Orders Number 59, dated 1970.

12.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant’s assignment to the 1st Battalion (Airmobile), 21st Artillery, it
was cited for award of the Republic of Vietnam Civil Actions Honor Medal
First Class Unit Citation for the period 1 January 1969 through 1 February
1970 based on Headquarters, Department of the Army General Orders Number
42, dated 1972.

13.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, that the Air Medal is awarded in time of war for heroism and for
meritorious achievement or service while participating in aerial flight.
This regulation also 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.

14.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, for 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 (a silver star is worn instead of five bronze stars).

DISCUSSION AND CONCLUSIONS:

1.  Orders show that the applicant was awarded the Bronze Star Medal (1st
Oak Leaf Cluster) and the Air Medal with Numeral 5 and with "V" Device.
His DD Form 214 should be amended to add these awards.

2.  The applicant was assigned to a unit during a period of time that unit
was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation
and the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation.  His DD Form 214 should be amended to add these unit awards.

3.  The applicant’s participation in six campaigns in Vietnam qualifies him
for award of one silver service star and one bronze service star to be worn
on his Vietnam Service Medal.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 4 September 1970.  Therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
3 September 1973.  The applicant did not file within the ABCMR's 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:

__JTM_ _  __ ML __   __ RGS  _  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:

      a.  by deleting the Bronze Star Medal and Air Medal (1st Oak Leaf
Cluster) entries in item 24 of the applicant's DD Form 214 with an
effective date of
4 September 1970; and

      b.  amending his DD Form 214 to show award of the Bronze Star Medal
(1st Oak Leaf Cluster), the Air Medal with Numeral 5 and with "V" Device,
the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation,
and one silver service star and one bronze service star to be worn on his
Vietnam Service Medal.




                                  ____ Mr. John T. Meixell _____
                                             CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20050005627                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |1 December 2005                         |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0014.0000                           |
|2.                      |107.0018.0000                           |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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