RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 December 2006
      DOCKET NUMBER:  AR20060005078


      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. John Slone                    |     |Chairperson          |
|     |Mr. Lester Echols                 |     |Member               |
|     |Mr. Michael J. Flynn              |     |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 award of the Air Medal.

2.  The applicant states, in effect, that the Air Medal is not annotated on
his separation document.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge), two DA Forms 759
(Individual Flight Record and Flight Certificate – Army), three DA Form 759-
1 Part II (Individual Flight Record and Flight Certificate – Army), and two
USARV Forms 131 (Awards and Decorations) in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 20 September 1970, the date of his separation from active duty.
 The application submitted in this case is dated 28 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 into the Army on 12 February 1969.  After
completion of basic and advanced individual training, he was awarded
military occupational specialty 11B (Light Weapons Infantryman).  He served
in the Republic of Vietnam during the period 8 July 1969 through 20
September 1970 and assigned to the 2nd Battalion of the 327th Infantry.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214
shows the National Defense Service Medal, the Republic of Vietnam Service
Medal, the Combat Infantryman Badge, the Army Commendation Medal (1st Oak
Leaf Cluster), the Aircraft Crewman's Badge, the Bronze Star Medal (1st Oak
Leaf Cluster), the Good Conduct Medal, the Republic of Vietnam Campaign
Medal with "60" device, and two overseas service bars.

5.  The applicant's records contain Headquarters 101st Airborne Division
General Orders Number 486, dated 15 January 1971, which awarded the
applicant the Air Medal (2nd through 11th award) during the period 16 March
1970 through 13 August 1970 for meritorious achievement while participating
in aerial flight.  There are no orders which show the applicant was awarded
the first award of the Air Medal.

6.  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.

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

8.  The applicant's records contain Headquarters, U.S. Army Training
Center, Infantry and Fort Lewis Special Orders Number 134, dated 14 May
1969, which awarded the applicant the Expert Marksmanship Qualification
Badge with Rifle Bar.

9.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted
Qualification Record) shows that during his service in the Republic of
Vietnam, he was assigned to the 2nd Battalion of the 327th Infantry from 28
July 1969 through 9 February 1970 and with the 158th Aviation Battalion of
the 101st Airborne Division from 10 February 1970 through 17 September
1970.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) shows that, at the time of the applicant's
assignment to 2d Battalion of the 327th Infantry, the unit was cited for
award of the Republic of Vietnam Civil Actions Honor Medal First Class for
the period 18 March 1968 through 2 May 1970 by Department of the Army
General Orders Number 48, dated 1971.

11.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant's assignment to the 158th Aviation Battalion of the 101st
Airborne Division, the unit was cited for award of the Valorous Unit Award
for the period 22 through 23 July 1970 by Department of the Army General
Orders Number 50, dated 1971.




12.  Department of the Army Pamphlet 672-3 lists campaigns participated by
units during the Republic of Vietnam War.  This document shows that 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.

13.  The applicant's records show that he was awarded the Republic of
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 1969, Vietnam Winter – Spring 1970,
Sanctuary Counteroffensive, and the Vietnam Counteroffensive Phase VII
campaigns.

14.  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 requests award of the Air Medal.

2.  Orders show that the applicant was awarded the Air Medal with Numeral 2
through Numeral 11.  Therefore, he is entitled to correction of his records
to show award of the Air Medal with Numeral 11.

3.  Orders show that the applicant was awarded the Expert Marksmanship
Qualification Badge with Rifle Bar.  Therefore, he is entitled to
correction of his records to show this badge.

4.  During the applicant's assignment with the 327th Infantry, the unit was
cited for award of the Republic of Vietnam Civil Actions Honor Medal First
Class.  Therefore, he is entitled to correction of his records to show
award of the Republic of Vietnam Civil Actions Honor Medal First Class.

5.  During the applicant's assignment with the 158th Aviation Battalion,
the unit was cited for award of the Valorous Unit Award.  Therefore, he is
entitled to correction of his records to show award of the Valorous Unit
Award.

6.  The applicant served a qualifying period of service for award of the
Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he
is entitled to correction of his DD Form 214 to show this award.

7.  The applicant's records show that he was awarded the Republic of
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 1969, Vietnam Winter–Spring 1970,
Sanctuary Counteroffensive, and the Vietnam Counteroffensive Phase VII
campaigns.  Therefore, he is entitled to correction of his DD Form 214 to
show four bronze service stars affixed to his Republic of Vietnam Service
Medal.

8.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 20 September 1970; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 19 September 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:

__MJF_  _LE______  _JNS____  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 Air Medal with
Numeral 11, the Expert Marksmanship Qualification Badge with Rifle Bar, the
Republic of Vietnam Civil Actions Honor Medal First Class, the Valorous
Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit
Citation, and four bronze service stars to be affixed to his Republic of
Vietnam Service Medal.




                               __John N. Slone_____
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060005078                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061214                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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