RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 January 2006
      DOCKET NUMBER:  AR20050008687


      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             |
|     |Mrs. Victoria A. Donaldson        |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. Rodney E. Barber              |     |Member               |
|     |Ms. Rea M. Nuppenau               |     |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 that his DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge) be corrected to show the
Distinguished Flying Cross, Two Presidential Unit Citations, a Valorous
Unit Award, and any other awards to which he is entitled.

2.  The applicant states that at the time of his discharge all of his
awards were not entered on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214; a copy of General
Orders Number 3520, dated 11 May 1970; a copy of NGB Form 22 (Report of
Separation and Record of Service), dated 17 April 1981; a copy of NGB 22,
dated 19 March 1979; and an excerpt from the 170th Assault Helicopter
Company Unit History Page.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 16 July 1972, the date he was separated from active duty.
 The application submitted in this case is dated 1 June 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's records show that he was commissioned and attended
Officer Rotary Wing Aviation Course.  Records show the applicant was
separated on 26 April 1997 after completing 22 years, 9 months, and 26 days
of creditable service for pay purposes.

4.  Records show the applicant served with the 170th Aviation Company of
the 1st Aviation Brigade, in the Republic of Vietnam during the period 28
February 1969 through 27 February 1970.

5.  General Orders Number 3520, dated 11 May 1970, show the applicant was
awarded the Distinguished Flying Cross for extraordinary achievement while
participating in aerial flight on 30 March 1970.

6.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214
shows he was awarded the Vietnam Service Medal.

7.  The applicant's records show he participated in the Tet
Counteroffensive, the Vietnam Summer-Fall 1970 Campaign, and the Vietnam
Winter-Spring 1970 Campaign.

8.  Appendix B of Army Regulation 600-8-22 shows that the applicant
participated in three 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 and that a
silver service star is authorized in lieu of five bronze service stars.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) shows the applicant is entitled to award of
the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on
Department of the Army General Orders Number 11, dated 1973.

10.  The applicant states that he is entitled to two awards of the
Presidential Unit Citation and one award of the Valorous Unit Award.

11.  The applicant submitted a unit history printed from the internet.
This history states the unit received two Presidential Unit Citations, the
Valorous Unit Award, five awards of the Vietnam Cross of Gallantry with
Palm, and the Civic Action Honor Medal (First Class).

12.  This unit history also states the "men of the 170th were assigned the
SOG (Studies and Observations Group).  Members of SOG units were awarded
the Presidential Unit Citation for extraordinary heroism in military
operations against an armed enemy during the period 24 January 1964 through
30 April 1972.

13.  Department of the Army Pamphlet 672-3 does not show the 170th Aviation
Company, Headquarters 1st Aviation Brigade was awarded the Presidential
Unit Citation or the Valorous Unit Award while the applicant was a member.


14.  The SOG was the Vietnam War's Joint Unconventional Warfare Task Force
responsible for planning and executing a variety of covert, deniable
special activities and operations throughout the Southeast Asian Theater.
Most SOG combat units were U.S. Army Special Forces elements carried for
cover purposes under the Vietnam based 5th Special Forces Group (Airborne).

15.  There is no evidence the applicant was assigned to a SOG unit during
the period 24 January 1964 through 30 April 1972.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to awards earned doing his
Vietnam service which are not shown on his DD Form 214.

2.  General Orders show the applicant was awarded the Distinguished Flying
Cross.  Therefore, he is entitled to correction of his records to show this
decoration.

3.  General Orders show the applicant was awarded the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to
correction of his records to show this foreign unit award.

4.  Evidence of record shows the applicant served a qualifying period of
service for award of the Vietnam Service Medal.  Additionally, records show
the applicant participated in three campaigns while serving in Vietnam.
Therefore, he is entitled to correction of his records to show award of the
three bronze service stars to be affixed to the Vietnam Service Medal.

5.  Notwithstanding the unit history provided by the applicant, there is no
evidence which confirms award of the Presidential Unit Citation or the
Valorous Unit Award to the 170th Aviation Company during the time the
applicant was assigned.  Absent such evidence, there is insufficient basis
to grant the applicant's request for two awards of the Presidential Unit
Citation and the Valorous Unit Award.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 16 July 1972; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 15 July 1975.  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:

________  ________  ________  GRANT FULL RELIEF

__LDS___  _RNM___  _REB___  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 award of the
Distinguished Flying Cross, Republic of Vietnam Gallantry Cross with Palm
Unit Citation, and three bronze service stars to be affixed to the Vietnam
Service Medal.

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
award of the Presidential Unit Citation and the Valorous Unit Award.




                                _Linda D. Simmons________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050008687                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2006/01/12                              |
|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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