RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  6 February 2007
	DOCKET NUMBER:  AR20060011196 


	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.



	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 36 Air Medals and all other awards to which he is entitled.

2.  The applicant states, in effect, that he served in the Republic of Vietnam and that his records were not properly updated because of poor record keeping.  In addition, the applicant contends that he flew for 11 months in the Republic of Vietnam and earned 36 Air Medals for combat flight for which he never received credit.

3.  The applicant did not provide additional documentary evidence in support of this application.    

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 27 February 1970, the date of his discharge from the Army.  The application submitted in this case is dated 31 July 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 has another case before the ABMCR (Docket Number AR20060011054) wherein he requests an upgrade of his Undesirable Discharge. That request will be handled by a separate Record of Proceedings.

4.  General Orders Number 5921, Headquarters, 1st Aviation Brigade, dated 
13 December 1967, awarded the applicant the Air Medal for meritorious achievement while participating in aerial flight from 11 November – 24 November 1967.  The applicant is requesting correction of his records, in part, to show award of 35 additional Air Medals.  There are no orders or other evidence which shows the applicant was recommended for, or awarded, 35 additional Air Medals.  He was awarded one Air Medal.  In the absence of a proper authority for these additional decorations, the applicant may request award of the additional Air Medals under the provisions of Section 1130 of Title 10, United States Code.  The applicant has been notified by separate correspondence of the procedures for applying for these decorations under Section 1130 and, as a result, they will not be discussed further in this Record of Proceedings.
 
5.  On 20 March 1967, the applicant enlisted in the Regular Army for a period of three years.  He was trained in, awarded, and served in military occupational specialty (MOS) 67N (Single Rotor Turbine Helicopter Mechanic).  

6.  The applicant served in the Republic of Vietnam from 23 September 1967 through 22 September 1968.  He performed duties as a helicopter mechanic and crew chief with the 119th Aviation Company.  

7.  The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty), Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), shows he was awarded the Air Medal, the Aircraft Crewman's Badge, the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant's unit received the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 46, dated 1969. 

9.  The applicant's records show he was awarded the 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 Counteroffensive Phase III, The TET Counteroffensive, the Vietnam Counteroffensive Phase IV, and the Vietnam Counteroffensive Phase V campaigns.   

10.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that the applicant participated in four campaigns during his tour of duty in Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  General Orders entitled the applicant’s unit to award of the Republic of Vietnam Gallantry Cross With Palm Unit Citation during his tenure of assignment, which is not shown on his DD Form 214.  Therefore, he is entitled to have his records corrected to show this foreign unit award.

2.  Evidence of record shows that the applicant participated in four campaigns during his service in Vietnam.  Therefore, he is eligible for award of four bronze service stars to be affixed on his Vietnam Service Medal. 

3.  Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__jea___  __jlp___  __eem___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  The Board determined that administrative error in the records of the individual should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.



						James E. Anderholm
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20060011196
SUFFIX

RECON

DATE BOARDED
20070206
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(DENY)
REVIEW AUTHORITY

ISSUES         1.
107.0018
2.
107.0094
3.

4.

5.

6.