RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            26 October 2006
      DOCKET NUMBER:   AR20060005852


      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:

|     |Ms. Marla Troup                   |     |Chairperson          |
|     |Mr. Robert Rogers                 |     |Member               |
|     |Mr. John Heck                     |     |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 records be corrected to show his award
of the Air Medal (AM) sixth award and the correct number of overseas bars.

2.  The applicant states that he was awarded the AM (sixth award) and he
served three 1-year tours in Vietnam, so he should have more than the four
overseas bars that are reflected on his report of separation (DD Form 214).


3.  The applicant provides a copy of his citation and certificate for award
of the AM (sixth award).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 30 April 1982.  The application submitted in this case is dated
11 April 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 enlisted with parental consent in Chicago, Illinois on 27
June 1960, for a period of 3 years.  He remained on active duty through a
series of continuous reenlistments and was promoted to the pay grade of E-7
on 17 June 1979.

4.  His records show that he served in Vietnam from 1 May 1963 to 15 April
1964 (12 months), from 15 November 1964 to 13 November 1965 (12 months) and
from 21 May 1970 to 21 April 1971 (11 months).

5.  On 30 April 1982, he was honorably released from active duty (REFRAD)
and was transferred to the Retired List effective 1 May 1982.  He had
served 21 years, 10 months and 3 days of total active service and his DD
Form 214 issued at the time of his REFRAD indicates that he was awarded,
among other awards, the AM, the Vietnam Service Medal (VSM), the Senior
Aircraft Crewman Badge and four overseas bars.

6.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register-Vietnam Era) was published to assist
commanders and personnel officers in determining or establishing the
eligibility of individual members for campaign participation credit,
assault landing credit, and unit citation badges awarded during the Vietnam
Conflict.  Table 1 (Army Units in Numerical Order) of the pamphlet
indicates that subsequent to the applicant’s departure from Vietnam, his
unit was awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC
w/Palm) Unit Citation for the period he served with the unit.
Additionally, the applicant participated in four campaigns while assigned
to Vietnam and thus is entitled to be awarded four bronze service stars for
wear on his already awarded VSM.

7.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time,
governs the requirements for the Overseas Service Bar.  In pertinent part,
it provides that a bar is authorized for wear for each period of active
Federal service as a member of the U.S. Army outside of the continental
limits of the United States for the specific time frames and areas of
operation cited in Army Regulation 670-1 or appropriate Department of the
Army message.  There are special provisions regarding authorization for the
Overseas Service Bar for service in a hostile fire zone and for combining
service to calculate award of the bars.  For Vietnam service, one overseas
service bar is authorized for each period of 6 months active Federal
service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28
March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant has provided sufficient evidence to show that he was
awarded the AM (Sixth award).  Accordingly, his records should be corrected
to reflect the AM (Sixth award) vice the AM, as currently reflected.

2.  The applicant also served 11 months in his last tour in Vietnam and
thus is authorized to be awarded an additional overseas service bar.
Accordingly, his records should be corrected to show five overseas bars
instead of four overseas service bars.

3.  Additionally, the applicant is entitled to be awarded the RVNGC w/Palm
Unit Citation and four bronze service stars for wear on his already awarded
VSM.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 30 April 1982; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 29 April 1985.  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:

___MT __  ___RR__  ___JH___  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 that he was awarded the AM
(sixth award) and by awarding him five overseas bars, the RVNGC w/Palm Unit
Citation and four bronze service stars for wear on his already awarded VSM.





                            ______  Marla Troup_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060005852                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061026                                |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |19820430                                |
|DISCHARGE AUTHORITY     |AR 635-100, CH 4                        |
|DISCHARGE REASON        |RETIREMENT                              |
|BOARD DECISION          |(GRANT PLUS)                            |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |64/AM                                   |
|1.107.0018              |                                        |
|2.107.0094              |140/RVNGC                               |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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