RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        24 October 2006
      DOCKET NUMBER:  AR20060005042


      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:

|     |Ms. Carmen Duncan                 |     |Chairperson          |
|     |Mr. Jerome Pionk                  |     |Member               |
|     |Ms. Rea Nuppenau                  |     |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 (Report of
Transfer or Discharge) to show award of the Valorous Unit Award, the
Republic of Vietnam Gallantry Cross with Palm Unit Citation, and an
unspecified number of awards of the Air Medal.

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

3.  The applicant provides no additional evidence in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
9 December 1968.  The application submitted in this case is dated 12 March
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 inducted on 10 May 1967.  He arrived in Vietnam on
13 November 1967.  He served as a helicopter mechanic assigned to the 174th
Aviation Company in Vietnam from 21 November 1967 through 8 December 1968.
On 9 December 1968, the applicant was released from active duty.

4.  The applicant’s DD Form 214 shows the National Defense Service Medal,
the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with
Device 1960, the Good Conduct Medal, the Aircraft Crewman Badge, the “MA,”
two awards of the Overseas Service Bar, the Sharpshooter Marksmanship
Qualification Badge with Rifle Bar (M-16), and the Expert Marksmanship
Qualification Badge with Rifle Bar (M-14) as authorized awards.

5.  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 applicant's unit is entitled
to award of the Valorous Unit Award for action on 12 May 1968 based on
Department of the Army General Orders Number 43, dated 1970.

6.  Department of the Army Pamphlet 672-3 shows the applicant’s unit is
entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation
(27 March 1967 to 17 May 1968) based on Department of the Army General
Orders Number 46, dated 1969; and a second award of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation (2 November 1968 to 28 February
1969) based on Department of the Army General Orders Number 2, dated 1971.

7.  Headquarters, 1st Aviation Brigade General Orders Number 5651, dated
14 August 1968, show the applicant received the basic award of the Air
Medal for the period 12 January 1968 to 13 May 1968.

8.  Headquarters, Americal Division General Orders Number 405, dated
17 January 1969, show the applicant received the Air Medal (First through
Fifteenth Oak Leaf Cluster) for the period 14 May 1968 through 29 November
1968.

9.  Records show the applicant participated in five campaigns during his
assignment in Vietnam.

10.  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.

11.  Army Regulation 600-8-22 (Military Awards) 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.  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.  This regulation
provides that a silver service star is authorized in lieu of five bronze
service stars.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s unit was awarded the Valorous Unit Award while he was
assigned to it.

2.  The applicant's unit was awarded two awards 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.

3.  Orders show the applicant received 16 awards of the Air Medal;
therefore, his DD Form 214 should be corrected to show the Air Medal with
Numeral “16.”

4.  The applicant participated in five campaigns during his assignment in
Vietnam which entitles him to award of the Vietnam Service Medal with one
silver service star.

5.  Records show the applicant should have discovered the alleged errors
now under consideration on 9 December 1968; therefore, the time for the
applicant to file a request for correction of any error expired on 8
December 1971.  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:

CD_____  __JP___  __RN____  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 amending his DD Form 214 to add the
Valorous Unit Award, two awards of the Republic of Vietnam Gallantry Cross
with Palm Unit Citation, the Air Medal with Numeral “16,” and the Vietnam
Service Medal with one silver service star.



                            __Carmen Duncan_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060005042                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061024                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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