RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            31 August 2006
      DOCKET NUMBER:   AR20060002294


      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. Jessie B. Strickland          |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William Powers                |     |Chairperson          |
|     |Mr. Jeffrey Redmann               |     |Member               |
|     |Ms. Karmin Jenkins                |     |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 Form 214 be brought forward in date
and accuracy.

2.  The applicant states, in effect, that his DD Form 214 does not properly
reflect all of his awards and does not account for all of his service.
Accordingly, he desires the DD Form 214 to be corrected and brought forward
in date to reflect the most current information, which includes the
Presidential Unit Citation (PUC).

3.  The applicant provides a copy of his United States Army Reserve (USAR)
promotion order to the rank of captain, orders showing his award of the
Distinguished Flying Cross with one oak leaf cluster (DFC w/1OLC), orders
awarding him the Air Medal with “V” Device and 24th oak leaf cluster (OLC)
and his orders discharging him from the USAR in 1972.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 30 June 1969.  The application submitted in this case is dated
7 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.  He was commissioned as a USAR second lieutenant on 30 January 1966 and
entered active duty on 27 February 1966.  He completed rotary wing aviator
training and was transferred to Vietnam on 14 February 1967.  He was
promoted to the rank of first lieutenant on 27 February 1967 and was
assigned to Company A, 25th Aviation Battalion, 25th Infantry Division for
duty as a helicopter pilot.

4.  While in Vietnam, he was awarded the Air Medal with “V” Device and
24OLCs, the Distinguished Flying Cross with 1OLC, the Bronze Star Medal,
the Vietnam Service Medal, the Republic of Vietnam Campaign Medal.  His
records also show that he participated in three campaigns while in Vietnam.

5.  He departed Vietnam on 10 February 1968 and was transferred to Fort Sam
Houston, Texas for duty as an evacuation pilot.  He was promoted to the
rank of captain on 1 April 1968 and remained at Fort Sam Houston until he
was honorably released from active duty (REFRAD) and was transferred to the
USAR Control Group (Reinforcement).

6.  His DD Form 214 issued at the time of his REFRAD shows that he had
served 3 years, 4 months and 4 days of total active service and that he was
awarded the Air Medal for Heroism with 18 OLCs, the Distinguished Flying
Cross (DFC), the Bronze Star Medal, the VSM, the Vietnam Campaign Medal,
the National Defense Service Medal and the Army Aviator Badge.

7.  On 30 March 1972, the applicant was honorably discharged from the USAR
in the rank of captain, due to resignation.

8.  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 the unit to which the applicant
was assigned was awarded the Republic of Vietnam Gallantry Cross with Palm
(RVNGC w/Palm) Unit Citation, the Republic of Vietnam Civil Actions Honor
Medal – First Class (RVNCAHM-FC) Unit Citation and the Meritorious Unit
Commendation (MUC) for the period he was assigned to the unit.
Additionally, he participated in three campaigns while assigned to Vietnam
and is authorized three bronze service stars for wear on his already
awarded VSM.  It is also noted that none of the battalion’s companies were
awarded the PUC during the period the applicant was assigned to Vietnam.

9.  Army Regulation 635-5 serves as the authority for the preparation of
the DD Form 214.  It provides, in pertinent part, that a DD Form 214 will
be issued upon release from active duty (REFRAD) or discharge.  Information
contained on that form will be information that exists as of the date of
the separation.  Correction to the DD Form 214 will be accomplished by
issuing a Correction to DD Form 214 (DD Form 215) to correct incorrect or
missing information that should be reflected on that document as of the
separation date.  A DD Form 215 will not be used to add information or
events that occurred subsequent to the separation date on the DD Form 214.



DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his DD Form 214 does not accurately
reflect his awards has been noted and found to have merit.

2.  The applicant’s DD Form 214 incorrectly reflects that he received the
Air Medal (AM) for Heroism and 18 OLCs when in fact it should reflect the
AM with “V” Device and numeral “24”.

3.  His records also reflect that he was awarded the DFC and the VSM, when
in fact he was awarded the DFC with 1 OLC and was entitled to three bronze
service stars for wear on his VSM.

4.  The applicant’s unit was also awarded the RVNGC w/Palm Unit Citation,
the RVNCAHM-FC Unit Citation and the MUC for the period in which the
applicant served with the unit and therefore he is entitled to those awards
as well.  However, there is no evidence that his unit was awarded the PUC
while he served with the unit and therefore he is not entitled to an award
of the PUC.

5.  Additionally, the applicant’s contention that his DD Form 214 should be
brought forward to reflect his additional service has been noted and is
without merit.  The DD Form 214 is issued only upon REFRAD or discharge
from active duty and the additional service to which the applicant refers
was USAR service that occurred after the DD Form 214 was issued.
Accordingly, there is no basis to add any additional service or to change
the date of separation.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 30 June 1969; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 29 June 1972.  The applicant did not file within the 3-year
statute of limitations; however, based on the available (evidence or
argument), it would be in the interest of justice to excuse failure to
timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

____WP_  ___JR  __  ___KJ __  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 partial 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 he was
awarded the AM w/ “V” Device and Numeral “24 (vice AM for heroism and 18
OLC), the DFC with 1OLC (vice DFC), the VSM with three bronze service stars
(vice VSM), the RVNGC w/Palm Unit Citation, the RVNCAHM-FC Unit Citation
and the MUC.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
award of the PUC and adding his USAR service that was performed subsequent
to his REFRAD to his DD Form 214.




                            _____William Powers____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060002294                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060831                                |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |19660227                                |
|DISCHARGE AUTHORITY     |AR 635-100                              |
|DISCHARGE REASON        |REFRAD                                  |
|BOARD DECISION          |(PARTIAL GRANT)                         |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |189/CORR 214                            |
|1.110.0000              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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