RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        29 March 2007
      DOCKET NUMBER:  AR20060012816


      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. Loretta D. Gulley             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Lester Echols                 |     |Chairperson          |
|     |Ms. Linda M. Barker               |     |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, in effect, all the medals that he is entitled
to.

2.  The applicant states, in effect, that the two Republic of Vietnam (RNV)
Gallantry Crosses with Silver Stars and the Vietnamese Medal of Honor, 2nd
Class, he was awarded be added to his DD Form 214.

3.  The applicant provides a copies of his DD Form 214s, a copy of his DD
Form 215 (Correction to DD Form 214), a copy of a DD Form 1577
(Authorization Issuance of Awards), and  a copy of Official Orders Number
162, subject: award of the Gallantry Cross Unit Citation with Silver Star
in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
20 February 1972.  The application submitted in this case is dated 11
September 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 on 14
June 1968.  He completed basic combat training and advanced individual
training.  The applicant was honorably discharged from active duty on 13
November 1969, after serving 1 year and 3 days to accept an appointment as
a Warrant Officer.

4.  The DD Form 214 he was issued shows he earned the National Defense
Service Medal (NDSM) and the Expert Marksmanship Qualification Badge with
Rifle Bar (M-14) during his active duty tenure.

5.  On 17 November 1969, the applicant was appointed as a warrant officer
in the United States Army Reserves.  He served on an active duty tour of
duty in the Republic of Vietnam and was assigned to the 282nd Aviation
Company, performing duties in MOS 100B, Helicopter Pilot from 17 November
1970 to
17 December 1971.  He was honorably discharged on 20 February 1972, after
serving a total of 2 years, 3 months, and 17 days on active duty.

6. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and
Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214
(Armed Forces of the United States Report of Transfer or Discharge) shows
that the applicant was awarded the Vietnam Service Medal, the Air Medal,
the Bronze Star, the Army Commendation Medal, and the Republic of Vietnam
Campaign Medal with “60” Device.

7.  On 4 February 1991, the applicant was ordered to active duty in support
of Operation Desert Shield/Desert Storm.  He was released from active duty
on
21 October 1991, after serving a total of 8 months and 18 days on this
tour.

8.  Item 13 of the applicant’s DD Form 214 shows that the applicant was
awarded the Army Service Ribbon, the National Defense Service Medal with 1
Bronze Star, the Vietnam Service Medal with 3 bronze service stars, the Air
Medal with Numeral 40, the Distinguished Flying Cross, the RVN Gallantry
Cross Unit Citation with Palm and with Silver Star and the Master Army
Aviator Badge.

9.  Item 5 of the DA Form 1577 (Authorization for Issuance of Awards) dated

13 March 1992, shows that the applicant was awarded the South West Asia
Service Medal and the Army Lapel Button.

10.  Official Orders Number 162, Republic of Vietnam Armed Forces, I Corps
and Military Region, 1 Staff – AG, dated 15 December 1970, show that the
applicant was awarded one RVN Gallantry Cross Unit Citation with Silver
Star.

11.  Army Regulation 600-8-22 (Military Awards) provides that foreign
decorations and badges may be authorized by authorized approval authorities
for wear by U.S. military personnel.  Foreign qualification and special
skill badges may be accepted if awarded in recognition of the criteria as
established by the foreign government concerned.  Only those badges which
are awarded in recognition of military activities and by the military
department of the host country are authorized for acceptance and permanent
wear.  The regulation specifically prohibits honorary badges from being
authorized for wear or entry in official military records.





DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of two Vietnam
Gallantry Crosses with Silver Star and the RVN Honor Medal, 2nd Class.

2. Official Orders Number 162, dated 15 December 1970, shows that the
applicant was awarded the RVN Gallantry Cross Unit Citation with Silver
Star, which is shown on his separation document.  Therefore, no additional
corrections are required to his records to show this award

4.  There are no orders that show the applicant was awarded a 2nd RVN
Gallantry Cross Unit Citation with Silver Star. In the absence of such
evidence, there is insufficient basis to grant award of the RVN Gallantry
Cross Unit Citation with Silver Star.

3.  General Orders Number 8 dated 1971 shows that the 282nd Aviation
Company, the unit to which the applicant was assigned was awarded the RVN
Gallantry Cross with Unit Citation with Palm Device, which is shown on his
separation document.  Therefore, no additional corrections are required to
his records to show this award.

5.  There are no orders that show the applicant was awarded the Republic of
Vietnam Honor Medal, 2nd Class which is awarded to enlisted soldiers, is
not shown on his separation document. In the absence of such evidence,
there is insufficient basis to grant award of the RVN Honor Medal, 2nd
Class.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 21 October 1991.  Therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
20 October 1994.  Although the applicant did not file within the ABCMR's
statute of limitations, it is appropriate to waive failure to timely file
in this case based on the fact there is no statute of limitations on
requests these awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___LE___  ___LMB _  ___MJF _  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.




                                  ____    Lester Echols______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060012816                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/03/29                              |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |MR. SCHWARTZ                            |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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