RECORD OF PROCEEDINGS


      IN THE CASE OF:

      BOARD DATE:        18 August 2005
      DOCKET NUMBER:  AR20050000761


      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             |
|     |                                  |     |Analyst              |

      The following members, a quorum, were present:

|     |                                  |     |Chairperson          |
|     |                                  |     |Member               |
|     |                                  |     |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 his DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge) be corrected to show several awards
of the Air Medal and any other awards that he is entitled based on the
number and type of missions that he flew while stationed in Vietnam.

2.  The applicant states, upon his return from Vietnam, the personnel
officer was unaware of the awards and medals he should have received.

3.  The applicant provides a copy of a 30 July 2004 National Personnel
Records Center Letter with attachments.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 15 January 1971, the date he separated from active duty.
The application submitted in this case is dated 3 January 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.  Records show the applicant served as an enlisted Soldier in the United
States Army Reserve (USAR) during the period 20 June 1968 through
19 October 1969. The applicant was commissioned as a warrant officer one in
the USAR on 20 October 1969.  He was awarded military occupational
specialty 100B (Rotary Wing Aviator).

4.  Records show the applicant served in Vietnam as a rotary wing aviator
with the 2nd Signal Group Aviation Detachment from 26 November 1969 through
24 November 1970 and was honorably separated from active duty on 15 January
1971.

5.  The applicant's DD Form 214 does not show award of the Air Medal.
6.  The applicant's records contain Headquarters, 1st Signal Brigade Orders
Number 525, dated 3 March 1970, which show the applicant was awarded the
Air Medal for the period 7 December 1969 to 6 January 1970.

7.  The applicant's records also contain a Department of the Army letter
from the Office of the Adjutant General, dated 14 June 1971, which shows
the applicant was awarded the Air Medal with Numeral "9" by Headquarters,
1st Signal Brigade General Orders Number 3148, dated 28 November 1970.

8.  Review of the applicant's records indicates that he may be entitled to
additional awards not shown on his DD Form 214.

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 8, dated 1974.

10.  Department of the Army Pamphlet 672-3 also shows the unit the
applicant was assigned to while serving in Vietnam, the 2nd Signal Group
Aviation Detachment, was cited for award of the Meritorious Unit Citation
for actions during the period December 1 November 1968 through 1 December
1969 by Department of the Army General Orders Number 51 dated 1971.

11.  The applicant's records show he was awarded the Vietnam Service Medal.
 However, his DD Form 214 does not show any bronze service stars indicating
campaign credit.  His records indicate he participated in the Vietnam
Summer-Fall campaign, the DA Sanctuary Counteroffensive, and the Vietnam
Counteroffensive PhaseVII.

12.  Army Regulation 600-8-22, in pertinent part, authorizes award of a
bronze service star, based on qualifying service, for each campaign listed
in Appendix B of this regulation and states that authorized bronze service
stars will be worn on the appropriate service medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his records should be amended to show all awards
and medals entitled based on his service while in Vietnam.




2.  General Orders show that the applicant was awarded the Air Medal with
Numeral "9" which is not shown on his DD Form 214.  Therefore, he is
entitled to have his records corrected to show this decoration.

3.  General Orders awarded the applicant the Republic of Vietnam Gallantry
Cross with Palm Unit Citation which is not shown on his DD Form 214.
Therefore, he is entitled to have his records corrected to show this
foreign award.

4.  General Orders show the applicant is entitled to award of the
Meritorious Unit Citation during his service in Vietnam which is not shown
on his DD Form 214.  Therefore, he is entitled to have his records
corrected to show this award.

5.  Records show that the applicant participated in the three campaigns
during his service in Vietnam.  Therefore, he is eligible for award of
three bronze service stars to be affixed to his Vietnam Service Medal.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 15 January 1971; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 14 January 1974.  Although the applicant did not file
within the ABCMR's statute of limitations, it is appropriate to waive
failure to timely file based on the facts in this case.

BOARD VOTE:

_RJW___  __RR___  __JEV___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION










BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented was sufficient to warrant a
recommendation for relief and to excuse failure to timely file.  As a
result, the Board recommends all Department of the Army records of the
individual concerned be corrected by showing that he was awarded the Air
Medal with Numeral "9", the Republic of Vietnam Gallantry Cross with Palm
Unit Citation, the Meritorious Unit Citation, and three bronze service
stars to be affixed to his Vietnam Service Medal.





                                ___James E. Vick_____
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050000761                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050818                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0000.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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