RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 September 2006
      DOCKET NUMBER:  AR20050017919


      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. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. Allen L. Raub                 |     |Chairperson          |
|     |Ms. Linda M. Barker               |     |Member               |
|     |Mr. Qawiy A. Sabree               |     |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, that Items 13b (Type of Certificate
Issued), 26 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), 27 (Wounds Received as a Result of
Action with Enemy Forces (Place and date, if known)), and 29 (Other Service
Training Courses Successfully Completed), of his DD Form 214, Armed Forces
of the United States, Report of Transfer or Discharge, be corrected.

2.  The applicant states, in effect, that at the time of his release from
active duty, in July 1966, several items were not included on his DD Form
214.  Some of these items occurred just prior to his release and the
paperwork had not been completed. He tried three times since 1966 to have
these things added to his DD Form 214 and has been unsuccessful.

3.  In support of his application, the applicant submitted those items he
identified as Exhibits "A" through "H" in the self-authored addendum to his
DD Form 149, Application for Correction of Military Record.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or
injustice, which occurred on 3 July 1966, the date of his release from
active duty.  The application submitted in this case is dated 10 December
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 limitation 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 inducted into the Army of the
United States on 15 July 1964.  He completed basic combat training at Fort
Ord, California, and his advanced individual training at Fort Huachuca,
Arizona.  After completing all required training, he was awarded the
military occupational specialty (MOS), 207 (Airborne Infrared Surveillance
Operator and Repairman).  The applicant's MOS was later converted to the
MOS 26E and still later to the MOS 26N (Airborne Radar Specialist).

4.  The applicant served in Vietnam from 1 October 1965 through 7 July
1966, with the 20th Aerial Surveillance Target Acquisition Detachment, 14th
Aviation Battalion, 1st Aviation Brigade.

5.  The applicant was honorably released from active duty, on 3 July 1966,
under the provisions of Army Regulation (AR) 635-200, early release of
overseas returnee.  He was separated in the rank/pay grade, Specialist
Four/E-4.  On the date he was released from active duty, he had completed 1
year, 11 months, and 19 days active military service, with no days lost.

6.  Item 26, of the applicant's DD Form 214, shows he was awarded:  the
National Defense Service Medal; the Vietnam Service Medal; the Aircraft
Crewman Badge and the Sharpshooter Marksmanship Qualification Badge, with
Rifle Bar [M-14 Rifle].  No other awards are shown on the applicant's DD
Form 214.

7.  There is no entry in Item 40 (Wounds) of the applicant's DA Form 20,
Enlisted Qualification Record, to show that he received a wound in action
against a hostile force.

8.  In addition to those awards shown in paragraph 6 above, Item 41 (Awards
and Decorations), of the applicant's DA Form 20, shows he was awarded two
overseas service bars, albeit this entry is incorrect.  No other awards are
shown in this item of the DA Form 20.

9.  Notwithstanding the above information pertinent to the applicant's
awards, orders are on file in the applicant's service personnel records
that show:

      a.  the applicant was awarded the Purple Heart, for wounds he received
in connection with military operations against a hostile force on 6 April
1966, by General Orders Number 300, published by Headquarters, 1st Aviation
Brigade, on 14 September 1966.  The Purple Heart is not shown on the
applicant's DD Form 214.

      b.  the applicant was awarded the Air Medal, with "V" Device, for
heroism while engaged in aerial flight in connection with military
operations against a hostile force on 6 April 1966, by General Orders
Number 3029, published by Headquarters, 1st Aviation Brigade, on 30 June
1967.  The Air Medal, with "V" Device, is not shown on the applicant's DD
Form 214.
10.  A DA Form 8-275-3, Clinical Record Cover Sheet, prepared at the US
Army Hospital, Camp Zama, Japan, on 5 May 1966, on the applicant's release
from treatment shows he sustained a "Strain, lumbo-sacral, acute.  Patient
was a crewmember of an aircraft that was shot down by ground fire, he was
inured when he ejected from the aircraft, on or about 1700 hours, 6 Apr
66."  The report also states the applicant sustained a laceration on his
left leg when shot down by the enemy.

11.  The applicant submitted a copy of a letter written to his father on
8 April 1966.  In this letter, the applicant's commander notified him his
son had been injured in combat.  The commander stated his son was
performing on an operational visual mission over a hostile area and was
forced to eject, as was the pilot.  As a result, the letter stated, his son
had sustained a minor back injury and a laceration of the leg.

12.  The applicant's DD Form 214 shows entitlement to the Vietnam Service
Medal; however, it does not show the bronze service stars to which the
applicant is entitled for his campaign participation.

13.  While in Vietnam, the applicant participated in the following three
campaigns of the Vietnam War:  the Vietnam Defense Campaign, which extended
from 8 March through 24 December 1965; the Vietnam Counteroffensive, which
extended from 25 December 1965 through 30 June 1966; and the Vietnam
Counteroffensive, Phase II, which extended from 1 July 1966 through 31 May
1967.

14.  Item 38 (Record of Assignments), of the applicant's DA Form 20,
shows that the applicant consistently received "excellent" conduct and
efficiency ratings.  There is no evidence of any breach of good order or
discipline in his service personnel record that would preclude award of
the Good Conduct Medal.

15.  The applicant's unit, a subordinate unit of the US Army, Vietnam,
(USARV) is entitled to award of the Republic of Vietnam Gallantry Cross,
with Palm, Unit Citation, for the period 20 July 1965 through 28 March
1973, awarded by DAGO 8, dated 1974.

16.  AR 672-5-1, in effect at the time of the applicant's separation
provides that the Good Conduct Medal is awarded to individuals who
distinguish themselves by their conduct, efficiency and fidelity during a
qualifying period of active duty
enlisted service.  This period is 3 years except in those cases when the
period for the first award ends with the termination of a period of Federal
military service.  Although there is no automatic entitlement to the Good
Conduct Medal, disqualification must be justified.  To be eligible for
award of the Good Conduct Medal, Soldiers must meet all of the following
criteria:  all conduct (character) and efficiency ratings must be recorded
as "Excellent" except that ratings of "Unknown" for portions of the period
under consideration are not disqualifying.  Service school efficiency
ratings based upon academic proficiency of at least "Good" rendered
subsequent to 22 November 1955 are not disqualifying.

17.  AR 600-8-22, in pertinent part, authorizes award of a bronze service
star, based on qualifying service, for each campaign listed in its Appendix
B and states that authorized bronze service stars will be worn on the
appropriate service medal, in this case, the Vietnam Service Medal.

18.  AR 600-8-22 provides, in pertinent part, for award of the Vietnam
Campaign Medal.  The Government of Vietnam awarded this medal to all
members of the Armed Forces of the United States for qualifying service
in Vietnam during the period 1 March 1961 through 28 March 1973.
Qualifying service included assignment in Vietnam for 6 months or service
outside the geographical limits of the Republic of Vietnam that
contributed direct combat support to the Republic of Vietnam and its
Armed Forces.  Individuals who had qualified for award of the Vietnam
Service Medal or the Armed Forces Expeditionary Medal and were evacuated
prior to completing six months of service due wounds resulting
from hostile action were entitled to award of the Vietnam Campaign Medal.

19.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S.
and foreign unit awards.  This regulation states that a Soldier may wear
the unit award permanently if the individual was assigned to, and present
for duty with the unit any time during the period cited; or was attached by
competent orders to, and present for duty with the unit during the entire
period, or for at least thirty consecutive days of the period cited.

20.  Army Regulation 670-1, in effect at the time, governed the
requirements for the overseas service bar.  In pertinent part, it provided
that a bar is authorized for wear for each period of active Federal service
as a member of the U.S. Army outside of the continental limits of the
United States.  One overseas service bar is authorized for each six-month
period served in the Republic of Vietnam.  To calculate the entitlement,
both the month of arrival and month of departure are counted as a whole
month no matter the number of days in that month that were spent in the
hostile fire zone.

21.  The applicant submitted a copy of his DD Form 256A, Honorable
Discharge Certificate.  This certificate is dated 14 July 1970, the date he
was honorably discharged; a date after the DD Form 214 was prepared.  It
should be noted that a Soldier is not discharge until after he or she
completes his or her obligation under the Universal Military Training and
Service Act (UMTSA).  At the time of the applicant's service, the
obligation was for 6 years.  This obligation has since been increased to 8
years.

22.  The applicant submitted a copy of a letter of commendation he
received from the Commander, Headquarters, 5th Infantry Division
(Mechanized) and Fort Carson, Fort Carson, Colorado, dated 23 August
1965, for the assistance and cooperation he provided to citizens of
Colorado when they were struck by a severe flood disaster, during the
period 16 through 20 June 1965.

23.  The applicant submitted a copy of a certificate of training showing he
completed the projectionist course at the Signal Audio-Visual Communication
Center, Projectionist School, Fort Carson, Colorado, on 9 April 1965.

24.  The applicant submitted a copy of a certificate of training showing he
completed the Aircrew Egress (Martin Baker Seat) (AMF 42272-2) Course,
consisting of 4 hours, at the 512A Field Training Detachment (ATC), Davis-
Monthan Air Force Base, Arizona, on 13 January 1965.

25.  AR 635-5 states, in effect, that decorations awarded or authorized,
during the period covered by the DD Form 214, will be entered in item 26
from the Soldier's qualification record.  The authority for the decoration
for the award will be omitted.

26.  AR 635-5 also states, in effect, that each wound received as a result
of enemy action during the period covered by the DD Form 214 will be
entered in item 27.  Both the date and the place of action recorded on
records available at the time of separation will be used.  If records are
not available, the terminology, "No records available" will be entered.
The theater of operation in which the action took place may be entered if
the exact location is not recorded.

27.  AR 635-5 states, in effect, that installation training courses
(qualification courses), military correspondence courses, and off duty
courses the enlisted person has completed successfully during the period
covered by the DD Form 214 will be entered in item 29 from the Soldier's
qualification record.
DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant was released from active duty on 3
July 1966.  The applicant was not discharged from his obligation under the
UMTSA until 14 July 1970.  On this date, the applicant was issued a DD Form
256A to signify he had been honorably discharged from the Army of the
United States and had no further service obligation under the UMTSA.  The
entry currently shown on the DD Form 214 he was issued on 3 July 1966 is
correct and no change nor correction is required nor authorized.

2.  The evidence shows the applicant was awarded the Purple Heart and the
Air Medal, with "V" Device, while he served in Vietnam.  These awards are
not shown on the applicant's DD Form 214.  He is entitled to have the
Purple Heart and the Air Medal, with "V" Device, added to his DD Form 214.

3.  The applicant had "excellent" conduct and efficiency ratings throughout
his time in the Army.  There is no evidence of indiscipline while he served
on active duty.  The applicant was not awarded the Good Conduct Medal, it
appears, more as a result of administrative oversight rather than something
he did to disqualify himself from this award.  He is therefore eligible for
award of the Good Conduct Medal for the period 15 July 1964 through 3 July
1966 and to have this award added to his DD Form 214.

4.  The applicant served in three campaigns while he served in Vietnam.  He
is therefore entitled to award of the Vietnam Service Medal, with three
bronze service stars, and to have this award correctly shown on his DD Form
214.

5.  The evidence show the applicant served in Vietnam for 9 months and 3
days. He was awarded the Vietnam Service Medal and therefore met the
criteria for award of the Republic of Vietnam Campaign Medal.  He is
therefore entitled to this award and to have it added to his DD Form 214.

6.  The applicant served with a unit in Vietnam at the time it was awarded
the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation.  He is
therefore entitled to this unit award and to have it added to his DD Form
214.

7.  The applicant served in Vietnam for 10 months, including the month or
arrival in the month of his departure from Vietnam.  He is therefore
entitled to award of one overseas service bars and to have this bar added
to his DD Form 214.

8.  The evidence shows the applicant received wounds as a result of action
with enemy forces on 6 April 1966.  The applicant sustained a lumbo-sacral
strain and laceration to the left leg.  The applicant is therefore entitled
to a correction of Item 27, of his DD Form 214, to show he was wounded in
action against a hostile enemy.

9.  The evidence shows the applicant completed the Projectionist Course at
the Signal Audio-Visual Communication Center, Fort Carson, Colorado, on 9
April 1965; and the Aircrew Egress (Martin Baker Seat) (AMF 42272-2)
Course, at the 512A Field Training Detachment (ATC) Davis-Monthan Air Force
Base, Arizona, on 13 January 1965, during the period covered by the DD Form
214.  He is entitled to have these training courses added and shown in item
29, of his DD Form 214.

10.  The letter of commendation the applicant received from the Commander,
Headquarters, 5th Infantry Division (Mechanized) and Fort Carson, dated
23 August 1965, for the assistance and cooperation he provided to citizens
of Colorado when they were struck by a severe flood disaster, during the
period 16 through 20 June 1965, is on file in the applicant's service
personnel records.  There are no provisions in the regulation for
preparation of the DD Form 214 for making an entry on the DD Form 214 to
document his having received this letter.

11.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 3 July 1966; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 2 July 1969.  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:

_ALR___  __LB____  ___QAS__  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:

      a.  deleting the Vietnam Service Medal from the applicant's DD Form
214;

      b.  awarding the applicant the Vietnam Service Medal, with three
bronze service stars, and correctly showing this award on his DD Form 214;

      c.  awarding the applicant the Good Conduct Medal, for the period 15
July 1964 through 3 July 1966, the Republic of Vietnam Campaign Medal and
one overseas service bar, and adding these awards to his DD Form 214;

      d.  awarding the applicant; the Republic of Vietnam Gallantry Cross,
with Palm, Unit Citation, and adding this unit award to his DD Form 214;

      e.  adding the already-awarded Purple Heart and the Air Medal, with
"V" Device, to his DD Form 214;

      f.  correcting Item 27,of the applicant's DD Form 214, to show:
"Lumbo-sacral sprain / Vietnam / 6 April 1966 // Laceration – left leg /
Vietnam / 6 April 1966."
      g.  adding the entries, "Projectionist Course" and " Aircrew Egress
(Martin Baker Seat) Course" in item 29, of the applicant's DD Form 214.




                            ____     Allen L. Raub _______
                                      CHAIRPERSON


                                    INDEX

|CASE ID                 |AR                                      |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060912                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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