RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 March 2007
      DOCKET NUMBER:  AR20060012103


      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      |
|     |Ms. Deyon D. Battle               |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Roland S. Venable             |     |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 Report of Transfer or
Discharge
(DD Form 214) be corrected to show that he was awarded the Air Medal with
two Oak Leaf Clusters.

2.  The applicant states that he was awarded a second award of the Air
Medal in May or June 1964, and that he was awarded a third award of the Air
Medal after he was separated.

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

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 5 June 1964.  The application submitted in this case is
dated 15 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.  On 31 August 1961, he enlisted in the Army in Newark, New Jersey, for
3 years, in the pay grade of E-1.  He successfully completed his training
as a personnel specialist.  He was transferred to Vietnam on 2 May 1963 and
was assigned to the 118th Aviation Company.

4.  The applicant was transferred to Headquarters, Headquarters Company,
145th Aviation Battalion on 22 February 1964.

5.  On 12 March 1964, orders were published awarding the applicant the Air
Medal for meritorious achievement while participating in aerial flight
during the period covering 20 September 1963 to 24 November 1963, while
assigned to 118th Aviation Company.

6.  The applicant returned to the Continental United States and was
honorably released from active duty (REFRAD) on 5 June 1964, under the
provisions of Army Regulation 635-205, chapter 7, for the convenience of
the Government, as an overseas returnee, and he was transferred to the
United States Army Reserve Control Group (Reinforcement).

7.  The DD Form 214 that he was furnished at the time of his discharge
indicates that he was awarded the Air Medal, the Armed Forces Expeditionary
Medal (Vietnam), the Army Good Conduct Medal, and the Marksman Marksmanship
Qualification Badge with Rifle Bar.

8.  A review of the available records fails to show that the applicant was
ever cited in orders or met the criteria for any additional awards of the
Air Medal.

9.  United States Army Vietnam (USARV) Regulation 672-1 (Decorations and
Awards) provided, in pertinent part, guidelines for award of the Air Medal.
 It established that passenger personnel who did not participate in an air
assault were not eligible for the award based upon sustained operations.
It defined terms and provided guidelines for the award based upon the
number and types of missions or hours.  Twenty-five Category I missions
(air assault and equally dangerous missions) and accrual of a minimum of 25
hours of flight time while engaged in Category I missions was the standard
established for which sustained operations were deemed worthy of
recognition by an award of the Air Medal.  However, the regulation was
clear that these guidelines were considered only a departure point.  Oak
Leaf Clusters were used to denote second and succeeding awards of the Air
Medal.

10.  Army Regulation 672-5-1 (Military Awards) provides that the National
Defense Service Medal is awarded for honorable active service for any
period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14
August 1974, inclusive.  This regulation also provides that to signify a
second award of the National Defense Service Medal a bronze service star
will be worn on the service ribbon.

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, for award of the Republic of Vietnam Campaign Medal.  This medal was
awarded by the Government of Vietnam to all members of the Armed Forces of
the United States for qualifying service in Vietnam during the period 1
March 1961 through




28 March 1973.  Qualifying service included assignment in Vietnam for
6 months or more.  Qualifying service outside the geographical limits of
the Republic of Vietnam required the individual to provide direct combat
support to the Republic of Vietnam and Armed Forces.  Individuals who had
qualified for award of the Vietnam Service Medal or the Armed Forces
Expeditionary Medal and were evacuated prior to completing six months of
service due to wounds resulting from hostile action were entitled to award
of the Republic of Vietnam Campaign Medal.

12.  Army Regulation 600-8-22 (Military Awards), in pertinent part, states
that the Meritorious Unit Commendation (formerly known as the Meritorious
Service Unit Plaque until 1 March 1961) is awarded to units for
exceptionally meritorious conduct in the performance of outstanding
services for at least six continuous months during the period of military
operations against an armed enemy occurring on or after 1 January 1944.
Service in a combat zone is not required, but must be directly related to
the combat effort.  The unit must display such outstanding devotion and
superior performance of exceptionally difficult tasks as to set it apart
and above other units with similar missions.  The degree of achievement
required is the same as that which would warrant award of the Legion of
Merit to an individual. Only in rare cases will a unit larger than a
battalion qualify for award of this decoration.  (Unit Citation and
Campaign Participation Credit Register) indicates that the 118th Aviation
Battalion was awarded the Meritorious Unit Commendation by Department of
the Army General Order Number 17,1968.

DISCUSSION AND CONCLUSIONS:

1.  The available records do show the applicant was awarded the Air Medal
in orders dated 12 March 1964.  However, there is no evidence in the
available records nor has the applicant submitted any evidence to support
his contention that he was awarded the Air Medal with two Oak Leaf
Clusters.  In accordance with the available records the Air Medal with two
Oak Leaf Clusters was appropriately omitted from his DD Form 214.

2.  However, the available records do show the applicant is entitled to
award of the National Defense Service Medal, the Republic of Vietnam
Campaign Medal, and the Meritorious Unit Commendation.  Therefore, it would
be appropriate to correct his records to reflect these awards.





3.  In view of the foregoing, it would be in the interest of justice to
correct the applicant's records as recommended below.

4.  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 3 of the BOARD
DETERMINATION/RECOMMENDATION section below.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 5 June 1964; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 4 June 1967.  The applicant did not file within the 3-year
statute of limitations and has not provided a compelling explanation or
evidence to show that it would be in the interest of justice to excuse
failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

____J___  ____LDS_  ___RSV_  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.

3.  The Board determined that administrative error in the records of the
individual concerned should be corrected.  Therefore, the Board requests
that the CMSD-St. Louis administratively correct the records of the
individual concerned to show his entitlement to the National Defense
Service Medal, Republic of Vietnam Campaign Medal, and the Meritorious Unit
Commendation.





                                  _____Linda D. Simmons___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060012103                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070322                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000/AWARDS & DECORATIONS           |
|2.  64                  |107.0018/AIR MEDAL                      |
|3.  80                  |107.0034/MERITORIOUS UNIT COMM          |
|4.  115                 |107.0069/NTNL DEF SRVC MDL              |
|5.  134                 |107.0088/REP VIETNAM CAMPAIGN MDL       |
|6.                      |                                        |


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