RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 July 2006
      DOCKET NUMBER:  AR20050013803


      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. G. E. Vandenberg              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Ms. Marla J. N. Troup             |     |Member               |
|     |Mr. William F. Crain              |     |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 records be corrected to reflect all of
the awards he earned in Vietnam to include an Air Medal with "V" Device.

2.  The applicant states only that his records are in error.

3.  The applicant provides copies of his 19 April 1971 DD Form 214 (Report
of Separation or Discharge) and one page of his DA Form 20 (Enlisted
Qualification Record).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 19 April 1971, the date of his discharge.  The application
submitted in this case is dated 7 September 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 requests correction of his records to show award of the
Air Medal with "V" device and any other medals to which he might be
entitled.  There are no orders or other evidence authorizing award of the
Air Medal with "V" device to the applicant.  In the absence of a proper
award authority to this decoration, the applicant may request award of the
Air Medal with "V" device under the provisions of Section 1130 of Title 10,
United States Code.  The applicant has been notified by separate
correspondence of the procedures for applying for this decoration under
Section 1130 and, as a result, it will not be discussed further in this
Record of Proceedings.

4.  The applicant entered active duty on 28 July 1969, completed training
and was awarded the military occupational specialty (MOS) 67V (OH 6/OH-58
Helicopter Repairman).


5.  The applicant served in Vietnam with the 117th Assault Helicopter
Company from 15 January 1970 through 21 March 1970; the 128th Aviation
Company, 11th Aviation Battalion from 22 March 1970 through 1 May 1970; and
the 205th Army Support Helicopter Company, 11th Aviation Battalion from 2
May 1970 through 1 December 1970.

6.  The applicant was discharged under honorable conditions in accordance
with Army Regulation 635-212 for unfitness on 19 April 1971.  He had 1
year, 7 months, and 26 days of creditable service.

7.  His DD Form 214 lists his awards as the National Defense Service Medal,
the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with
"1960" Device, and the Marksman Marksmanship Qualification Badge with Rifle
Bar
(M-16).

8.  The record contains no indication that the applicant was recommended
for or awarded any personal awards or decorations.

9.  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, while the applicant was
assigned, his units were cited for award of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation.

10.  Army Regulation 600-8-22 (Military Awards) authorizes:

      a.  both temporary and permanent award of the Aviation Badge
(formerly known as the Aircraft Crewman Badge under Army Regulation 672-5-
1).  At that time to be eligible for permanent award of the badge, an
individual must have performed in a flying status as a crew chief in the
case of crew chiefs, electronic sensor system operators, and flight
engineers or as a non-crewmember in the case of observers, medical aidmen,
gunners, aircraft maintenance supervisors, or technical inspectors for not
less than 12 months (not necessarily consecutive) or must have been school
trained for a principal duty specified above.

      b.  a bronze service star, based on qualifying service, for each
designated campaign period listed in Appendix B of the regulation and
states that authorized bronze service stars will be worn on the appropriate
campaign or service medal.  The regulation also lists the designated
campaign periods for which a bronze service star is authorized for wear on
the Vietnam Service Medal.  Based on the applicant's dates of service in
Vietnam, Appendix B indicates he served during the following four campaign
periods: the Vietnam Winter-Spring 1970, 1 November 1969 - 30 April 1970;
the DA Sanctuary Counteroffensive, 1 May 1970 - 30 June 1970; the
Counteroffensive Phase VII, 1 July 1970 - 30 June 1971; and the
Consolidation I, 1 July 1970 – 30 November 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served during four campaign periods and is entitled to
wear four bronze service stars on his Vietnam Service Medal.

2.  In addition to the awards listed on his DD Form 214, the applicant is
also authorized award of the Aviation Badge, the Republic of Vietnam
Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation.

3.  It is appropriate to correct the applicant's records to show these
awards.

BOARD VOTE:

__MJNT _  __WDP _  _WFC___  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 showing that in addition to the awards
listed on his DD Form 214, the applicant is also authorized award of the
Aviation Badge, the Republic of Vietnam Gallantry Cross with Palm Unit
Citation, the Republic of Vietnam Civil Actions Honor Medal First Class
Unit Citation, and to wear four bronze service stars on his Vietnam Service
Medal.



                            __    William D. Powers____
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050013803                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060720                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |  . . . . .                             |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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