RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        29 August 2006
      DOCKET NUMBER:  AR20060002712


      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. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Paul Smith                    |     |Chairperson          |
|     |Ms. LaVerne Douglas               |     |Member               |
|     |Mr. Ronald Gant                   |     |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, correction of his DD Form 214
(Report of Separation from Active Duty) for the period ending 30 September
1979 to show the Meritorious Service Medal, three awards of the Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation, the Republic
of Vietnam Gallantry Cross with Gold Star, three awards of the Republic of
Vietnam Gallantry Cross with Palm Unit Citation, and the Meritorious Unit
Commendation.  He also requests the issuance of the Republic of Vietnam
Gallantry Cross with Gold Star and the unit awards.

2.  The applicant states he wants his DD Form 214 to be correct.  He also
states, in effect, that he was assigned to the 225th Aviation Company in
Vietnam and is entitled to the Republic of Vietnam Civil Actions Honor
Medal First Class Unit Citation and the Republic of Vietnam Gallantry Cross
with Gold Star; that he was assigned to Headquarters and Headquarters
Company (HHC), 210th Aviation Battalion and is entitled to the Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation based on
Department of the Army General Orders Number 55, dated 1971; and that he
was assigned to HHC, 12th Aviation Group and is entitled to the Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation, the Republic
of Vietnam Gallantry Cross with Palm Unit Citation, and the Meritorious
Unit Commendation.  He also contends that he was assigned to HHC,16th
Aviation Group and is entitled to the Republic of Vietnam Gallantry Cross
with Palm Unit Citation; and that he was assigned to the 16th Aviation
Group and is entitled to the Republic of Vietnam Gallantry Cross with Palm
Unit Citation.

3.  The applicant provides five applications; an award certificate for the
Meritorious Service Medal; excerpts from Department of the Army Pamphlet
672-3 (Unit Citation and Campaign Participation Credit Register); and an
undated portion of a letter from the Military Awards Branch.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
30 September 1979.  The application submitted in this case is dated 3
February 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.  Having prior service, the applicant enlisted in the Regular Army on 3
July 1958 for a period of 3 years.  He was honorably discharged on 2 July
1961 for immediate reenlistment.  He reenlisted on 3 July 1961 for a period
of 3 years.  He extended his enlistment on 27 June 1962 for a period of 11
months and was honorably discharged on 14 May 1965.  He enlisted on 19
April 1966 for a period of 3 years.  He was honorably discharged on 15
March 1967 to accept a commission.  He was commissioned a second lieutenant
in the United States Army Reserve (USAR) on 16 March 1967 and entered
active duty.

4.  The applicant arrived in Vietnam on 3 June 1968.  His DA Form 66 shows
he served as an aviator assigned to the 184th Reconnaissance Airplane
Company in Vietnam from 6 June 1968 to 21 January 1969.  He was assigned to
HHC, 210th Aviation Battalion (Combat) in Vietnam from 22 January 1969 to
25 May 1969.  He was assigned to HHC, 210th Aviation Company in Vietnam
from
26 May 1969 to 31 May 1969.  He departed Vietnam on 1 June 1969.

5.  The applicant arrived in Vietnam for a second tour on 9 January 1971.
He served as an aviator assigned to the 225th Surveillance Airplane Company
in Vietnam from 25 January 1971 to 4 August 1971.  He served as a company
commander assigned to HHC, 268th Combat Aviation Battalion in Vietnam from
2 August 1971 to 29 November 1971.  He was released from active duty on
27 August 1973 in the rank of captain.

6.  The applicant’s DD Form 214 for the period ending 27 August 1973 does
not show three awards of the Republic of Vietnam Civil Actions Honor Medal
First Class Unit Citation, the Republic of Vietnam Gallantry Cross with
Gold Star, three awards of the Republic of Vietnam Gallantry Cross with
Palm Unit Citation, or the Meritorious Unit Commendation as authorized
awards.

7.  Department of the Army Pamphlet 672-3 lists the unit awards received by
units serving in Vietnam.  This document shows the applicant’s unit (HHC,
210th Aviation Battalion) is entitled to award of the Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation based on Department of
the Army General Orders Number 55, dated 1971.

8.  There is no evidence in the available records which shows the applicant
was awarded an individual award of the Republic of Vietnam Gallantry Cross.


9.  Department of the Army Pamphlet 672-3 shows that the applicant's unit
(HHC, 210th Aviation Battalion) is entitled to one award of the Republic of
Vietnam Gallantry Cross with Palm Unit Citation (1 January 1969 to 30
September 1970) based on Department of the Army General Orders Number 6,
dated 1974.  The applicant’s unit (HHC, 268th Aviation Battalion) is
entitled to one award of the Republic of Vietnam Gallantry Cross with Palm
Unit Citation (1 October 1970 to 31 August 1972) based on Department of the
Army General Orders Number
6, dated 1974.

10.  Department of the Army Pamphlet 672-3 shows the applicant’s units were
not cited for award of the Meritorious Unit Commendation while he was
assigned to them.

11.  There is no evidence of record which shows the applicant was assigned
to the 225th Aviation Company; HHC, 12th Aviation Group; HHC, 16th Aviation
Group; or the 16th Aviation Group during his assignments in Vietnam.

12.  The applicant enlisted in the Regular Army on 21 December 1973 in the
grade of specialist five for a period of 3 years.  He remained on active
duty through continuous reenlistments until he retired on 30 September 1979
in the rank of staff sergeant.

13.  The applicant’s DD Form 214 for the period ending 30 September 1979
shows the Good Conduct Medal (3rd Award), the Republic of Vietnam Campaign
Medal with Device 1960, the Air Medal (1-15th Award), the Army Aviator
Badge, the Distinguished Flying Cross with Second Oak Leaf Cluster, the
Republic of Vietnam Campaign Medal Second Class (Unit), four awards of the
Overseas Service Bar, the National Defense Service Medal, the Armed Forces
Reserve Medal, the Vietnam Service Medal with one silver star and one
bronze service star, the Army Commendation Medal with First Oak Leaf
Cluster, the Senior Parachutist Badge, and the Marksman Marksmanship
Qualification Badge with Pistol Bar as authorized awards.

14.  U.S. Army Military Police School/Training Center and Fort McClellan
Permanent Orders 71-3, dated 27 September 1979, show the applicant received
the Meritorious Service Medal for outstanding meritorious service during
the period 17 February 1978 to 30 September 1979.

15.  Paragraph 6 (Miscellaneous Information) of Department of the Army
Pamphlet 672-3 states that only one award of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation may be worn; however, records
should show entitlement to all authorized awards of this foreign unit
award.  This guidance also provides that when a single unit receives
duplicate awards of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation during the same period, then only one award of the Republic of
Vietnam Gallantry Cross with Palm Unit Citation will be recorded in
official personnel records.

16.  U.S. Army Vietnam Regulation Number 672-2 provided for processing of
foreign awards and decorations presented to individuals and units.  This
regulation, in pertinent part, governed award of the Republic of Vietnam
Gallantry Cross as a personal decoration.  This decoration is awarded to
personnel who have conducted themselves with heroic action and have
displayed deeds of valor while fighting the enemy.  The more gallant and
noteworthy the act, the higher the level of the award.  This decoration was
awarded in four degrees: with Palm, with Gold Star, with Silver Star and
with Bronze Star.  Approval to accept and to wear a personal award of the
Republic of Vietnam Gallantry Cross required approval by the Commanding
General of United States Army Vietnam.  As with all foreign awards, each
recipient of an approved foreign award was provided a copy of the original
citation from the foreign government, a translation of the citation if
necessary, and a letter authorizing the recipient to receive and wear the
decoration.

17.  Army Regulation 600-8-22 (Military Awards), in pertinent part, states
that effective 1 March 1961 the Meritorious Unit Commendation was
authorized for units and/or detachments of the Armed Forces of the United
States for exceptionally meritorious conduct in the performance of
outstanding services for at least six continuous months in support of
military operations.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant received the Meritorious Service Medal.
Therefore, his DD Form 214 for the period ending 30 September should be
corrected to show this award.

2.  Although the applicant contends that he is entitled to three awards of
the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation, evidence of record shows his unit (HHC, 210th Aviation Battalion)
was cited for one award of the Republic of Vietnam Civil Actions Honor
Medal First Class Unit Citation while he was assigned to it.  Therefore,
his DD Form 214 for the period ending
30 September 1979 should be corrected to show one award of the Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation.

3.  There is no evidence of record which shows the applicant was awarded a
personal award of the Republic of Vietnam Gallantry Cross.  Therefore,
there is no basis for granting his request to correct his DD Form 214 to
show this personal decoration.
4.  Although the applicant contends that he is entitled to three awards of
the Republic of Vietnam Gallantry Cross with Palm Unit Citation, evidence
of record shows the applicant's units (HHC, 210th Aviation Battalion and
HHC, 268th Aviation Battalion) were each awarded one award of the Republic
of Vietnam Gallantry Cross with Palm Unit Citation and so he is entitled to
wear one of those awards.  However, his DD Form 214 should be corrected to
show two awards of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation.

5.  The applicant’s units were not cited for award of the Meritorious Unit
Commendation while he was assigned to them.

6.  The Army Board for Correction of Military Records does not issue
medals.  The applicant may receive the awards shown on his DD Form 214 or
DD Form 215 (Correction to DD Form 214) by submitting a request in writing
to the following address: National Personnel Records Center, ATTN:  Army
Medals, 9700 Page Avenue, St. Louis, Missouri 63132-5100.  A copy of the DD
Form 214 or DD Form 215 should be included with the request.  However,
foreign awards may not be available for issuance.

7.  Records show the applicant should have discovered the alleged errors
now under consideration on 30 September 1979; therefore, the time for the
applicant to file a request for correction of any error expired on 29
September 1982.  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:

________  ________  ________  GRANT FULL RELIEF

PS_____  _LD____  _RG______  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 amending his DD Form
214 for the period ending
30 September 1979 to show that he was awarded the Meritorious Service
Medal, the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation, and two awards of the Republic of Vietnam Gallantry Cross with
Palm Unit Citation.

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
two additional awards of the Republic of Vietnam Civil Actions Honor Medal
First Class Unit Citation, the Republic of Vietnam Gallantry Cross with
Gold Star, a third award of the Republic of Vietnam Gallantry Cross with
Palm Unit Citation, and the Meritorious Unit Commendation.



                            __Paul Smith________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060002712                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060829                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]