RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 July 2006
      DOCKET NUMBER:  AR20050015465


      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. James E. Vick                 |     |Chairperson          |
|     |Ms. Barbara J. Ellis              |     |Member               |
|     |Mr. Donald L. Lewy                |     |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 From 214 (Report of Separation or
Discharge) be corrected to show his award of the Air Medal with 19th Oak
Leaf Cluster, permanent award of the Aircraft Crew Member Badge, and that
the item 30 (Remarks) entry for the date of his service in Vietnam be
correct.

2.  The applicant states he did not realize the errors had occurred until
he recently joined the Veterans of Foreign Wars (VFW).

3.  The applicant provides copies of his DD Form 214 and 13 June 1969
Headquarters United States Army Vietnam General Orders Number 2093.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 20 April 1971, the date of his release from active duty.  The
application submitted in this case is dated 11 October 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 records show the applicant enlisted and entered active duty on 9
May 1967.  He completed training and was awarded the military occupational
specialty (MOS) 05H (Morse Code Interceptor).

4.  Headquarters United States Army Vietnam General Orders Number 889
indicates that the applicant was awarded the Air Medal with the 1st through
3rd Oak Leaf Clusters on 14 March 1969.

5.  Headquarters 224th Aviation Battalion Special Orders Number 72 awarded
the applicant the Aircraft Crewmember Badge (Permanent) on 16 March 1969.

6.  Headquarters United States Army Vietnam General Orders Number 2093
indicates that the applicant was awarded the Air Medal with the 4th through
19th Oak Leaf Clusters on 13 June 1969.
7.  The applicant was honorably released from active duty on 20 April 1971.
 His DD Form 214 lists his awards as the Good Conduct Medal (1st award),
the Air Medal with one oak leaf cluster, the National Defense Service
Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign
Medal.

8.  Item 30 (Remarks) on the DD Form 214 lists his service in Vietnam as
"1d8 Jun 68- 8 June 69."

9.  The applicant's DA Form 20 (Enlisted Qualification Record indicates at:

      a.  item 31, service in Vietnam from 18 June 1968 through 8 June
1969;

      b.  item 38 (Record of Assignments), service with the 335th Radio
Research Company from 24 June 1968 through 29 September 1968 and the 156th
Aviation Company, 224th Aviation Battalion in Vietnam from 3 October 1968
through 5 June 1969;

      c.  item 39, service during four campaign periods;

      d.  item 41 (Awards and Decorations), award of the Good Conduct Medal
(1st award), the Air Medal (1st through 19th oak leaf cluster), the
National Defense Service Medal, the Vietnam Service Medal, and the Republic
of Vietnam Campaign Medal; and

      e.  item 41 also shows he qualified as a marksman on the M14 A2
automatic rifle, and as an expert with the M60 machinegun, the M14 rifle,
and the M16 rifle.

10.  Army Regulation 600-8-22 (Military Awards) states, in pertinent part,
that an oak leaf cluster is awarded to denote the second and succeeding
awards of certain decorations, among which is the Meritorious Unit
Citation.  It also states that Arabic numerals are now used instead of oak
leaf clusters for the second and succeeding awards of the Air Medal.  The
numeral denotes the total number of awards.

11.  Army Regulation 600-8-22 authorizes a bronze service star, based on
qualifying service, for each designated campaign 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 participated during
the following four campaign periods:  the Counteroffensive Phase IV,
2 April 1968 – 30 June 1968; the Counteroffensive Phase V, 1 July 1968 –
1 November 1968; the Counteroffensive Phase VI, 2 November 1968 –
22 February 1969; and the Tet 69 Counteroffensive, 23 February 1969 – 8
June 1969.

12.  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 to the 335th Radio Research Company it was cited for award of the
Meritorious Unit Commendation.  It also indicates that while he was
assigned to the 156th Aviation Company, 224th Aviation Battalion, it was
cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation and the Meritorious Unit Commendation.

DISCUSSION AND CONCLUSIONS:

1.  In addition to the awards listed on the applicant's DD Form 214, the
applicant is also authorized award of the Republic of Vietnam Gallantry
Cross with Palm Unit Citation, the Meritorious Unit Commendation with one
oak leaf cluster, the Aircraft Crew Member Badge, the Expert Marksmanship
Qualification Badge with Rifle, and Machinegun Bars, and the Marksman
Marksmanship Qualification Badge with Automatic Rifle Bar.

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

3.  The applicant was awarded the Air Medal with 1st through 19th Oak Leaf
Clusters of which only the first two awards are denoted on his DD Form 214.
 It is appropriate to show that the applicant is entitled the Air Medal
with the Numeral 19.

4.  There is a typographical error on DD Form 214 that included the letter
"d" between the 1 and 8 in the date of the applicant's period of service in
Vietnam.  For the purposes of clarity this letter should be removed and the
entry should read 18 June 1968 – 6 June 1969.

BOARD VOTE:

__BJE___  _DLL ___  __JEV__  GRANT FULL RELIEF

________  ________  ________  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 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 the DD Form 214, the applicant is also authorized
award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation,
the Meritorious Unit Commendation with one oak leaf cluster, the Aircraft
Crew Member Badge, the Expert Marksmanship Qualification Badge with Rifle
and Machinegun Bars, the Marksman Marksmanship Qualification Badge with
Automatic Rifle Bar, to wear four bronze service stars on his Vietnam
Service Medal, and the Numeral 20 on his Air Medal.

2.  The Board further determined that the item 30 typographical error in
the dates of the applicant's service in Vietnam be corrected to read
18 June 1968 – 6 June 1969.




                            __      James E. Vick___________
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050015465                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060719                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107                                     |
|2.                      |100                                     |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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