RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        27 February 2007
      DOCKET NUMBER:  AR20060011096


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Ted S. Kanamine               |     |Chairperson          |
|     |Mr. Larry C. Bergquist            |     |Member               |
|     |Ms. LaVerne M. Douglas            |     |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, that his record be corrected to
reflect his training as a door gunner and crew chief, and to show his
entitlement to the Gallantry Cross with Bronze Star.

2.  The applicant states, in effect, that his record and separation
document
(DD Form 214) does not show his training as a door gunner and crew chief,
and does not include the Gallantry Cross with Bronze Star.

3.  The applicant provides a Letter of Commendation, dated 11 January 1971,
and a third-party statement in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 23 April 1971, the date of his release from active duty.
The application submitted in this case was received on 8 August 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's record shows that he enlisted in the Regular Army and
entered active duty on 15 September 1969.  He was trained in, awarded, and
served in military occupational specialty (MOS) 36K (Wireman), and the
highest rank he attained while serving on active duty was specialist four
(SP4).

4.  The applicant's Enlisted Qualification Record (DA Form 20) shows, in
Item 22 (Military Occupational Specialties) that he was awarded MOS 36K on
21 November 1969, and Item 27 (Military Education) shows he completed the
8-week MOS 36K wireman course in 1969.  It also shows he served in the
Republic of Vietnam (RVN) from 18 March 1970 through 17 March 1971.

5.  Item 38 (Record of Assignments) shows that during his RVN tour, he was
assigned to Headquarters and Headquarters Company, 34th Supply and Service
Battalion, United States Army Pacific (USARPAC) through 27 July 1970 and to

HHC, 2nd Battalion (Airmobile), 506th Infantry Regiment through the end of
his tour, performing duties in MOS 36K as a switchboard operator and senior
wireman.  Item 38 also shows he received no less than "Excellent" conduct
and efficiency ratings at all of his active duty assignments.

6.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows he
earned the following awards during his active duty tenure:  National
Defense Service Medal; Vietnam Service Medal; RVN Campaign Medal with 60
Device; Bronze Star Medal; and Marksman Marksmanship Qualification Badge
with Rifle Bar.

7.  The applicant's Military Personnel Records Jacket (MPRJ) contains a
Headquarters, United States Army Vietnam (USARV) Letter, dated 22 June
1971, which authorized the applicant to accept and wear the RVN Gallantry
Cross with Bronze Star.

8.  The applicant's MPRJ also contains Headquarters, 101st Airborne
Division (Airmobile) General Orders Number 108, dated 3 January 1971, which
awarded the applicant the Bronze Star Medal, for his meritorious service
from 1 April through 31 December 1970.  These orders confirm the
applicant's MOS at that time was 36K in the applicant's standard name line.


9.  The applicant's MPRJ is void of any documents or orders indicating that
he was formally trained in, awarded, or served in an MOS other than 36K
while serving in the RVN, or at any other time while he was on active duty,
or that confirms his service as a door gunner and/or crew chief.  It is
also void of a unit commander disqualification that would have precluded
the applicant from receiving the Army Good Conduct Medal (AGCM).

10.  On 23 April 1971, the applicant was honorably released from active
duty after completing a total of 1 year, 7 months, and 9 days of active
military service. The DD Form 214 he was issued shows he held the MOS 36K
at the time, and Item 25 (Education and Training) shows he completed basic
combat training and wireman training while serving on active duty.  The
applicant authenticated this document with his signature on the date of his
separation.

11.  The applicant provides a third-party statement from an individual who
indicates he served with the applicant in the RVN.  He states the applicant
assisted in training him as a door gunner soon after the applicant had been
promoted to crew chief, and that he can verify that the applicant's service
as a door gunner and crew chief.  He also provides a Letter of
Commendation, he
received for his actions in the Demilitarized Zone (DMZ) in the RVN on 3
January 1971.  This letter commends himself and other members of a
helicopter crew that assisted in picking up bodies while under hostile
fire.

12.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents that must be prepared for soldiers on retirement, discharge,
release from active duty service, or control of the Active Army.  It also
establishes standardized policy for preparing and distributing the DD Form
214.  The regulation in effect at the time provided for entering the MOS
held at the time of separation in Item 23a (Specialty Number and Title),
and all formal training completed in Item 25 (Education and Training).  The
regulation cited the DA Form 20 as the information source for entries in
these items of the DD Form 214.

13.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards
policy.  Paragraph 2-13 contains guidance on the Vietnam Service Medal.  It
states, in pertinent part, that a bronze service star is authorized with
this award for each RVN campaign a member is credited with participating
in.

14.  Table B-1 of the awards regulation contains a list of RVN campaigns.
It shows that during the applicant's tenure of assignment in the RVN,
participation credit was granted for the Vietnam Winter-Spring 1970,
Sanctuary Counteroffensive, and Vietnam Counteroffensive Phase VII
campaigns.

15.  Chapter 4 of the awards regulation prescribes the policy for award of
the AGCM.  It states, in pertinent part, that the AGCM is awarded to
individuals who distinguish themselves by their conduct, efficiency and
fidelity during a qualifying period of active duty enlisted service.  This
period is 3 years, except in those cases when the period for the first
award ends with the termination of a period of Federal military service, in
which case a period of more than 1 year is a qualifying period.  Although
there is no automatic entitlement to the AGCM, disqualification must be
justified.

16.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register) establishes the eligibility of individual members for campaign
participation credit, assault landing credit, and unit citation badges
awarded during the Vietnam Conflict.  It confirms that during his tenure of
assignment in the RVN, the applicant’s units (HHC, 34th Supply and Services
Battalion and
2nd Battalion, 506th Infantry Regiment) earned the Valorous Unit Award and
RVN Gallantry Cross with Palm Unit Citation.




DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his record should be corrected to show
his training and service as a door gunner and crew chief in the RVN, and
the information contained in the third-party statement he provided, was
carefully considered.

2.  The veracity of the applicant's claim that he served as a door gunner
and crew chief in the RVN and of the information contained in the third-
party statement he provided is not in question.  However, his record is
void of any indication that he was trained in, awarded, or served in an MOS
other than 36K while he was on active duty, or that he served as a door
gunner or crew chief while serving in the RVN.

3.  The applicant's record contains orders issued to him while he was
serving in the 101st Airborne Division in the RVN that all indicate he held
and was serving in MOS 36K.  It is entirely possible that he performed
additional duties as a door gunner and/or crew chief; however, absent any
documentary evidence of record to confirm this service, or training in
these specialties, the regulatory burden of proof necessary to support the
record correction requested by the applicant has not been satisfied in this
case.

4.  The applicant's MPRJ does contain a USARV Letter confirming that he was
authorized to accept and wear the RVN Gallantry Cross with Bronze Star on
22 June 1971.  Therefore, it would be appropriate to add this award to his
record and separation document at this time.

5.  The applicant's record confirms that he received "Excellent" conduct
and
efficiency ratings at all of his active duty assignments.  Further, the
record is void
of any derogatory information or a specific disqualification by any of the
active
duty unit commanders for whom he served.  As a result, it would be
appropriate
to award the applicant the first award of the AGCM, for his qualifying
period of honorable active duty service from 15 September 1969 through 23
April 1971.

6.  The evidence of record also confirms that based on his service and
campaign participation in the RVN, the applicant is entitled to the
Valorous Unit Award, RVN Gallantry Cross with Palm Unit Citation and 3
bronze service stars with his Vietnam Service Medal.  Therefore, it would
also be appropriate to add these awards to his record.




BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__TSK __  __LCB __  __LMD__  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 awarding him the Army
Good Conduct Medal for his qualifying honorable active duty service from 15
September 1969 through
23 April 1971; by showing his entitlement to the Valorous Unit Award,
Republic of Vietnam Gallantry Cross with Bronze Star, Republic of Vietnam
Gallantry Cross with Palm Unit Citation, and 3 bronze service stars with
his Vietnam Service Medal; and by providing him a correction to his
separation document that includes these awards.

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
correction of his record to show his training and service as a door gunner
and crew chief.




                            _____Ted S. Kanamine___
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060011096                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/02/27                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1971/04/23                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |OS Rtn                                  |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.  46   |107.0000                                |
|2.  1021                |100.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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