RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 October 2005
      DOCKET NUMBER:  AR20050005642


      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:

|     |Ms. Barbara J. Ellis              |     |Chairperson          |
|     |Mr. Hubert O. Fry, Jr.            |     |Member               |
|     |Mr. Robert Rogers                 |     |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, in effect, requests correction of his record to show the
first award of the Air Medal, a second Air Medal [correctly known as the
Air Medal with Numeral "2"], and the Army Commendation Medal.

2.  The applicant states his DD Form 214 (Armed Forces of the United States
Report of Transfer or Discharge), dated 28 December 1970, does not reflect
the awards he earned while on active duty.  He further states, without
these awards, he may be excluded from being eligibility for benefits he may
otherwise be entitled to receive.

3.  The applicant provides a copy of his DD Form 214, a copy of his
certificate for award of the Air Medal, and a copy of his certificate for
award of the Air Medal with Numeral "2".

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on 28 December 1970, the date of his separation from the Army.  The
application submitted in this case is dated 4 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 was inducted into the Army of the United States on 17
February 1969.  After completion of basic and advanced individual training,
he was awarded military occupational specialty 11B20 (Light Weapons
Infantryman).  The applicant served a tour of duty in the Republic of
Vietnam from 27 June 1969 through 16 July 1970.  The applicant was
honorably separated from active duty on 28 December 1970.

4.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form
214 shows award of the Air Medal (2d Award) and the Bronze Star Medal.
However, item 24 does not show award of the Bronze Star Medal (First Oak
Leaf Cluster), or the Army Commendation Medal.

5.  Item 41 (Awards and Decorations) of the applicant's DD Form 20
(Enlisted Qualification Record) shows Headquarters, 101st Airborne Division
(Airmobile) General Orders Number 14927, dated 7 December 1969, awarded the
applicant the award of the Air Medal with Numeral "2".

6.  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 numeral "2" denotes the second
award of the Air Medal.

7.  Headquarters, 101st Airborne Division (Airmobile) General Orders Number
1466, dated 9 February 1970, awarded the applicant the Army Commendation
Medal for actions during the period of service from 1 August 1969 through
31 December 1969.

8.  Review of the applicant's record indicates entitlement to additional
awards that are not shown on his DD Form 214.

9.  Headquarters, 101st Airborne Division (Airmobile) General Orders Number
7766, dated 7 July 1970, awarded the applicant a second Bronze Star Medal
(First Oak Leaf Cluster) for actions during the period of service from 1
September 1969 through 30 June 1970.

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

11.  Headquarters, Fort Polk, Louisiana Special Orders Number 118, dated
19 May 1969, awarded the applicant the Marksman Marksmanship Qualification
Badge with Rifle Bar for qualifying with the M-16 Rifle.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) shows the unit awards received by units
serving in Vietnam.  This document shows that, at the time of the
applicant’s assignment to 101st Airborne Division (Airmobile), the unit was
cited for award of the Republic of Vietnam Civil Actions Honor Medal First
Class Unit Citation for actions during the period February 1968 through 2
May 1970, based on Department of the Army General Orders Number 48, dated
1971.

13.  Department of the Army Pamphlet 672-3 also shows the unit, to which
the applicant was assigned, was cited for award of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation, based on Headquarters Department
of the Army General Orders Number 8, dated 1974.

14.  The applicant's records show that he was awarded the Vietnam Service
Medal which is reflected on his DD Form 214.  However, his record does not
show any bronze service stars indicating campaign credit.  The applicant's
records indicate that he participated in the Counteroffensive IV,
Counteroffensive V, Counteroffensive Phase VI, Tet 69 Counteroffensive,
Vietnam Summer-Fall 1969, Vietnam Winter-Spring 1970, Sanctuary
Counteroffensive 1970, Counteroffensive Phase VII, and Consolidation I.

15.  Appendix B of Army Regulation 600-8-22 shows that the applicant
participated in nine campaigns during his tour of duty in Vietnam.  This
same regulation states that a bronze service star will be awarded for wear
on the Vietnam Service Medal for participation in each campaign.  Army
Regulation 600-8-22 also provides, in pertinent part, that a silver service
star is authorized in lieu of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his record to show the first and
second award of the Air Medal.

2.  Evidence of record shows the applicant was awarded the 2nd award of the
Air Medal by General Orders.  Therefore, his records correctly show that he
was awarded two Air Medals and his records are correct as currently
constituted.

3.  The applicant requests correction of his record to show award of the
Army Commendation Medal.

4.  The applicant’s record contains General Orders authorizing award of the
Army Commendation Medal.  The applicant's records should be corrected to
show this award.

5.  General Orders awarded the Bronze Star Medal (First Oak Leaf Cluster).
Therefore, the applicant is entitled to have his records corrected to show
this award.

6.  Records show that the applicant was authorized award of the Marksman
Marksmanship Qualification Badge with Rifle Bar.  Therefore, the applicant
is entitled to correction of his DD Form 214 to show this badge.

7.  Records show that the applicant participated in the nine campaigns
during his service in Vietnam and is eligible for award of one silver
service star and four bronze service stars for wear on his Vietnam Service
Medal.  Therefore, the applicant is entitled to correction of his DD Form
214 to add these awards.

8.  General Orders awarded the applicant the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation.  Therefore, the applicant is
entitled to have his records corrected to show this foreign unit award.

9.  General Orders awarded the applicant the Republic of Vietnam Gallantry
Cross with Palm Unit Citation.  Therefore, the applicant is entitled to
have his records corrected to show this foreign unit award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

_RR____  __BJE___  _HOF___  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 Army Commendation Medal; the Bronze Star Medal (First Oak Leaf
Cluster); the Marksman Marksmanship Qualification Badge with Rifle Bar M-
16; one silver service star and four bronze service stars for wear on the
Vietnam Service Medal; the Republic of Vietnam Civil Actions Honor Medal
First Class Unit Citation; 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
the first and second award of the Air Medal.





            Barbara J. Ellis_____
                    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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