RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 AUGUST 2006
      DOCKET NUMBER:  AR20050015819


      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. Rene’ R. Parker               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Curtis Greenway               |     |Chairperson          |
|     |Mr. James Gunlicks                |     |Member               |
|     |Ms. Peguine Taylor                |     |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, the Air Medal and all medals,
badges, decorations and campaign ribbons not received due to his early
separation.

2.  The applicant states as a Vietnam Veteran, he feels he is entitled to
the Air Medal and other awards for the many missions he flew as a radio
mechanic with his unit, B Troop, 3/17th Air Calvary.

3.  The applicant provides his DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge) and Special Orders.

CONSIDERATION OF EVIDENCE:

1.  The applicant requested correction of his records to show award of the
Air Medal.  There are no orders or other evidence authorizing award of this
decoration.  In the absence of a proper award authority for this
decoration, the applicant may request award of the Air Medal 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 the Record of Proceedings.

2.  The applicant is requesting correction of an alleged error or injustice
which occurred on 1 February 1972.  The application submitted in this case
is dated     26 October 2005.

3.  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.

4.  The applicant’s records show he enlisted in the Regular Army for 3
years on 29 June 1970.  He served in the Republic of Vietnam from 18 March
1971 to      29 January 1972.  The applicant received an honorable
discharge after serving   1 year, 7 months, and 3 days and was transferred
to the United States Army Reserve.

5.  The applicant provided Special Orders Number 23 which verifies he was
assigned to B Troop, 3d Squadron, 17th Air Calvary, Republic of Vietnam.

6.  Item 24 (Awards and Decorations) on the applicant's DD Form 214 lists
the National Defense Service Medal, Vietnam Service Medal with 2 bronze
service stars, and the Vietnam Campaign Medal with 60 Device.

7.  The 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 the applicant’s unit, B
Troop, 3d Squadron, 17th Air Calvary, was cited for award of the Republic
of Vietnam Gallantry Cross Unit Citation with Palm by Department of the
Army General Orders Number 42, dated 1972.

8.  Appendix B of Army Regulation 600-8-22 shows that the applicant
participated in four 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.  The
applicant's DD Form 214 shows award of the Vietnam Service Medal.  His
records also indicate that he participated in the Sanctuary
Counteroffensive, Vietnam Counteroffensive Phase VII, Consolidation I,
Consolidation II and Vietnam Cease-Fire.

DISCUSSION AND CONCLUSIONS:

Evidence of record shows that the applicant is entitled to the Republic of
Vietnam Gallantry Cross with Palm Unit Citation.  The evidence also shows
that the applicant participated in four campaigns during his service in
Vietnam.  Therefore, he is entitled to correction of his records to show
award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation
and four bronze service stars to be worn on his Vietnam Service Medal.

BOARD VOTE:

___CG __  ___JG __  __PT ___  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 he is entitled to the award of
the Republic of Vietnam Gallantry Cross with Palm Unit Citation and four
bronze service stars to be affixed to his Vietnam Service Medal.




                                  __      Curtis Greenway_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050015819                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060810                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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