RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 September 2006
      DOCKET NUMBER:  AR20060002171


      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. Maria C. Sanchez              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Ms. Maribeth Love                 |     |Member               |
|     |Mr. Thomas M. Ray                 |     |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 correction of his DD Form 214 (Armed Forces of
the United States Report of Transfer or Discharge) to show award of the
Silver Star and the Distinguished Flying Cross with "V" Device.

2.  The applicant states that these awards were omitted from his DD Form
214.

3.  The applicant provides a copy of his DD Form 214; Headquarters 1st
Cavalry Division General Orders Number 7689, dated 9 July 1968; and
Headquarters 1st Cavalry Division General Orders Number 8054, dated 12 July
1968, in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 1 September 1970, the date of his release from active duty.
The application submitted in this case is dated 2 January 2006.

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 was commissioned into the Army on 13 August 1966.  He
served in military occupational specialty 1981 (Rotary Wing Aviator).
While assigned to the 1st Squadron, 9th Cavalry, he served in the Republic
of Vietnam during the period 19 July 1967 through 16 July 1968.  The
applicant was honorably released from active duty on 1 September 1970.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214
shows he was awarded the National Defense Service Medal, the Army Aviation
Badge, the Republic of Vietnam Service Medal, the Air Medal with First Oak
Leaf Cluster and with "V" Device [currently known as the Air Medal with
Numeral "2" with "V" Device], one Overseas Bar, the Republic of Vietnam
Campaign Medal
with 60 Device, the Army Commendation Medal with First Oak Leaf Cluster
with "V" Device, the Bronze Star Medal with First Oak Leaf Cluster, the
Purple Heart, the Republic of Vietnam Cross of Gallantry with Bronze Star,
the Expert Marksmanship Qualification Badge with Rifle Bar, and the Expert
Marksmanship Qualification Badge with Pistol Bar.

5.  The applicant's DD Form 214 does not show award of the Silver Star or
the Distinguished Flying Cross.

6.  Headquarters 1st Cavalry Division [APO San Francisco] General Orders
Number 7689, dated 9 July 1968, awarded the applicant the Silver Star for
gallantry in actions while engaged in military operations involving
conflict with an armed hostile force in the Republic of Vietnam on 12 March
1968.

7.  Headquarters 1st Cavalry Division [APO San Francisco] General Orders
Number 8054, dated 12 July 1968, awarded the applicant the Distinguished
Flying Cross for exceptional valorous action while in aerial flight on 14
March 1968.

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

9.  Item 21 (Awards and Decorations) of the applicant's DA Form 66 (Officer
Qualification Record) shows he was awarded the following:

      a.  the Air Medal by Headquarters 1st Cavalry Division General Orders
Number 5274, dated 8 September 1967; and


      b.  the Air Medal with First Oak Leaf Cluster and with "V" Device by
Headquarters 1st Cavalry Division General Orders Number 6664, dated
1 November 1967.


10.  Headquarters 1st Cavalry Division General Orders Number 9993, dated
5 August 1968, awarded the applicant the Air Medal with 27 Oak Leaf
Clusters [currently known as the Air Medal with Numeral "28"] for
meritorious achievement while participating in aerial flights in the
Republic of Vietnam during the period 9 August 1967 through 27 June 1968.

11.  Army Regulation 600-8-22 provides that Arabic numerals are now used
instead of oak leaf clusters for the second and succeeding awards of the
Air Medal.  The numeral 2 denotes the second award of the Air Medal.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in the Republic of Vietnam.  This document shows that, at the time
of the applicant’s assignment to the 1st Squadron, 9th Cavalry, it was
cited for the Valorous Unit Award by Headquarters Department of the Army
General Orders Number 37, dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to show award of
the Silver Star and award of the Distinguished Flying Cross.

2.  General Orders awarded the applicant the Silver Star for gallantry
actions; therefore, he is entitled to correction of his records to show
this award.

3.  General Orders awarded the applicant the Distinguished Flying Cross for
exceptional valorous action while in aerial flight; therefore, he is
entitled to correction of his records to show this award.

4.  Evidence shows the applicant was awarded the Air Medal with Numeral "2"
with "V" Device.  General Orders awarded the applicant the Air Medal with
Numeral "28" which is not shown on his DD Form 214.  Therefore, he is
entitled to correction of his records to show award of the Air Medal with
Numeral "28" with "V" Device.

5.  Evidence of record further shows that, while the applicant was assigned
to 1st Squadron, 9th Cavalry, the unit was awarded the Valorous Unit Award.
 Therefore, the applicant is entitled to correction of his records to show
this award.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 1 September 1970; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 31 August 1973.  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:

__JEA___  _TMR___  __MBL __  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 award of the Silver Star, the
Distinguished Flying Cross, the Air Medal with Numeral "28" with "V"
Device, and the Valorous Unit Award.




                                _James E. Anderholm____
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060002171                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060919                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  53   |107.0007.0000                           |
|2.  1046                |107.0132.0000                           |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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