RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 April 2007
      DOCKET NUMBER:  AR20060013497


      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      |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. Jeffrey C. Redmann            |     |Member               |
|     |Mr. Scott W. Faught               |     |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 middle name be added to his DD Form 214
(Armed Forces of the United States Report of Transfer or Discharge).  He
also requests that the Bronze Star Medal (BSM), the Army Good Conduct
Medal, three oak leaf clusters for his Air Medal, “Crew Member Flight
Wings” (i.e., the Aircraft Crewman Badge); the “Campaign medal with Three
Stars” (i.e., the Vietnam Service Medal with three bronze service stars);
the Expert Marksmanship Qualification Badge Rifle M-16; unit citations for
Headquarters and Headquarters Battery (HHB), Division Artillery, Aviation,
101st Airborne for September 1967 through June 1968; and the “unit
gallantry award” for HHB, Division Artillery, Aviation, 101st Airborne for
September 1967 through June 1968.

2.  The applicant states that his DD Form 214 is missing his middle name
and some of his awards.

3.  The applicant provides a 1 September 2006 letter from the Lane County
Veterans Services office; a certification of birth; his Oregon driver
license; an undated letter from the 101st Airborne Division Vietnam
Veterans, listing the Vietnam campaigns; an undated letter from the 101st
Airborne Division Vietnam Veterans, listing the Division’s unit citations;
hazardous duty orders; nonaviator crewmember orders; a Request for Army
Good Conduct Medal and Army Good Conduct Medal orders; BSM orders; and his
DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 22 June 1968.  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 requested correction of his records to show award of the
Air Medal.  There are no orders or other evidence authorizing this
decoration to the applicant.  In the absence of a proper award authority
for this decoration, the applicant may request award of the Air Medal 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 this decoration under Section 1130 and, as a result, they
will not be discussed further in this Record of Proceedings.

4.  The applicant provided a certification of birth that shows his name as
H___ D___ (no middle name).

5.  The applicant enlisted in the Regular Army on 30 June 1965.  His
enlistment contract shows his name as H___D___ (no middle name).  He
completed a DD Form 398 (Statement of Personal History) on 13 December 1966
and indicated that he had no middle name.  No document from his military
service indicates he used a middle name.

6.  The applicant completed basic combat training and advanced individual
training and was awarded military occupational specialty (MOS) 45J
(Aircraft Armament Repairman).

7.  Headquarters, 101st Airborne Division Special Orders Number 208, dated
  11 October 1967, awarded the applicant the Expert Marksmanship
Qualification Badge with Rifle Bar.

8.  On or about 25 November 1967, the applicant arrived in Vietnam with his
unit, HHB, 101st Airborne Division Artillery.

9.  Headquarters, 101st Airborne Division Special Orders 186, dated
        31 December 1967, indicated the applicant would perform nonaviator
crewmember duties effective 1 January 1968.

10.  Headquarters, 101st Airborne Division General Orders Number 26, dated
 29 January 1968, awarded the applicant the basic Air Medal for action from
     22 December 1967 to 15 January 1968.

11.  Headquarters, 101st Airborne Division General Orders Number 142, dated
  8 March 1968, awarded the applicant the Air Medal First Oak Leaf Cluster
for action from 16 January 1968 to 10 February 1968.

12.  The applicant departed Vietnam on 21 June 1968 after being credited
with participation in three campaigns.

13.  The applicant was honorably released from active duty on 22 June 1968.
 His DD Form 214 does not show he had a middle name.  Item 24 (Decorations,
Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or
Authorized) shows he was awarded the National Defense Service Medal, the
Vietnam Service Medal, the “Marksman (M-14),” the “Vietnam Campmedal,” the
Air Medal, the “Expert Badge,” and the Parachutist Badge.

14.  Headquarters, 101st Airborne Division General Orders Number 3010,
dated  26 June 1968, awarded the applicant the Army Good Conduct Medal.

15.  Headquarters, 101st Airborne Division General Orders Number 4762,
dated  15 August 1968, awarded the applicant the BSM.

16.  The applicant provided a copy of his Oregon driver license that shows
he uses a middle initial of Z.

17.  The applicant provided an undated letter from the 101st Airborne
Division Vietnam Veterans which stated all members of the 101st Airborne
Division, 101st Air Cavalry Division, or 101st Airborne Division
(Airmobile) who served in Vietnam received at least one Republic of Vietnam
Gallantry Cross with Palm Unit Citation.  It also stated that, in addition,
the 101st Airborne Division was awarded the Meritorious Unit Commendation
for the periods 1 December 1967 through 31 October 1968 and 1 November 1968
through 30 June 1970.  It stated HHB, 101st Airborne Division Artillery was
awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for
the period 19 July 1968 through       14 May 1969 and the Republic of
Vietnam Civil Actions Honor Medal First Class
for the period 18 March 1968 through 2 May 1970.

18.  Army Regulation 635-5 prescribes the separation documents prepared for
Soldiers upon retirement, discharge, or release from active military
service or control of the Army.  It establishes standardized policy for the
preparation of the DD Form 214.  In pertinent part it states that the DD
Form 214 is a synopsis of the Soldier’s most recent period of continuous
active duty.  It provides a brief, clear-cut record of active Army service
at the time of release from active duty, retirement or discharge.

19.  Army Regulation 672-5-2 (Awards), in effect at the time, provided for
permanent award of the Aircraft Crewman Badge to an individual who was on
flying status as a crew member in the case of crew chiefs, Airborne
Electronic Sensory System Operators and Supervisors, and flight engineers,
or as a noncrew member in the case of observers, medical aidmen, gunners,
aircraft maintenance supervisors, or technical inspectors; physically
qualified, Class III; and were qualified for and held a principal duty
assignment as a crew chief, flight engineer, aircraft maintenance
supervisor, observer, gunner, or technical inspector; and performed in one
of the specified duties for not less than             12 months (not
necessarily consecutive).  The Aircraft Crewman Badge could also be
permanently awarded to an individual who was school trained for one of
principal duties listed above.

20.  Army Regulation 600-8-22 (Military Awards) is the current regulation
governing military award procedures and policies.  It provides for award of
the Air Medal in time of war for heroism and for meritorious achievement or
service while participating in aerial flight.

21.  Army Regulation 600-8-22 provides that Arabic numerals are now used
instead of oak leaf clusters for the second and succeeding awards of the
Air Medal.  The numeral 2 denotes the second award of the Air Medal.

22.  Army Regulation 600-8-22 authorizes a bronze service star, based on
qualifying service, for each campaign listed in Appendix B of this
regulation.  Authorized bronze service stars will be worn on the
appropriate campaign or service medal including the Vietnam Service Medal.

23.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in Vietnam.  This document shows that, at the time of the
applicant's assignment to HHB, 101st Airborne Division Artillery, it was
awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation for the period 18 March 1968 through 2 May 1970 by Department of
the Army General Orders Number 48 dated 1970.

24.  Department of the Army Pamphlet 672-3 does not show that HHB, 101st
Airborne Division Artillery was awarded the Republic of Vietnam Gallantry
Cross with Palm Unit Citation for the period September 1967 through June
1968 or for any other period.

25.  Department of the Army Pamphlet 672-3 does not show that any 101st
Airborne Division unit other than Headquarters and Headquarters Company
(HHC), 1st Brigade and HHC, 3d Brigade (and the 101st Administration
Company) was awarded a Meritorious Unit Commendation.

26.  Department of the Army General Orders Number 8, 1974, announced
award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to
Headquarters, U. S. Military Assistance Command and its subordinate units
during the period 8 February 1962 to 28 March 1973 and to Headquarters,
   U. S. Army Vietnam and its subordinate units during the period 20 July
1965 to 28 March 1973.

27.  Army Regulation 670-1 prescribes the authorization for wear of
uniforms  and prescribes the awards, insignia and accouterments authorized
for wear on the uniform.  In pertinent part, it states a Soldier may wear a
unit award permanently if the individual was assigned to and present for
duty with the unit any time during the period cited or who was attached by
competent orders to   and present for duty with the unit during the entire
period or for at least              30 consecutive days of the period
cited.  A Soldier may wear the unit award temporarily if the individual was
not present with the unit during the period cited but was subsequently
assigned to the unit.

DISCUSSION AND CONCLUSIONS:

1.  For historical purposes, the Army has an interest in maintaining the
accuracy of its records.  The data and information contained in those
records should actually reflect the conditions and circumstances that
existed at the time the records were created.  In the absence of a showing
of material error or injustice, this Board is reluctant to recommend that
those records be changed.

2.  None of the documents in the applicant’s records show he had a middle
name or used a middle name during his enlistment.  The certification of
birth he provided does not show he had a middle name.  Therefore, he
appropriately served on and was released from active duty under the name
H___ D___ and his DD Form 214 properly shows his name as H___ D___.

3.  It appears the applicant is currently using a middle initial, Z.  While
the Board understands the applicant’s desire to have the records changed,
it finds no basis for compromising the integrity of the Army’s records.
However, this Board action will be filed in his military records so a
record of the middle initial he currently uses will be on hand.

4.  The evidence of record shows the applicant was awarded the BSM and the
Army Good Conduct Medal.  The evidence of record shows he was awarded the
Air Medal with First Oak Leaf Cluster (i.e., the Air Medal with Numeral 2).


5.  The evidence of record shows the applicant was credited with
participation in three campaigns, which makes him eligible to wear the
Vietnam Service Medal with three bronze service stars.

6.  The applicant’s DD Form 214 shows he was awarded an unspecified Expert
Badge.  He contends he was awarded the Expert Marksmanship Qualification
Badge (Rifle M-16), and the evidence of record confirms his contention.
His DD Form 214 should be amended to identify that Expert Badge.

7.  It does not appear the applicant met the eligibility criteria for award
of the Aircraft Crewman Badge.  The evidence of record shows he was on
noncrew member status for less than 12 months.  He was school trained as an
aircraft armaments repairman.  However, the regulatory requirement was that
he be school trained as a crew chief, flight engineer, aircraft maintenance
supervisor, observer, gunner, or technical inspector.  There is no evidence
of record to show he was school trained in any of these duties.

8.  The applicant was assigned to a unit during a period of time it was
awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation.    There is no evidence of record to show the applicant’s unit
was awarded any other unit award.  All units in Vietnam were later awarded
the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

9.  There is no other evidence of record to show the 101st Airborne
Division as a whole was awarded any other unit award.

10.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 22 June 1968; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on         21 June 1971.  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:

________  ________  ________  GRANT FULL RELIEF

__lds___  __jcr___  __swf___  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 the DD Form 214 of the
individual concerned be corrected by:

     a.  deleting from item 24 the entries “Marksman (M-14)” and “Expert
Badge” and deleting the Air Medal; and
     b.  adding in item 24 the Bronze Star Medal, the Air Medal with
Numeral 2, the Army Good Conduct Medal, the Marksman Marksmanship
Qualification Badge (Rifle M-14), the Expert Marksmanship Qualification
Badge (Rifle M-16), the Republic of Vietnam Civil Actions Honor Medal First
Class Unit Citation, and the Republic of Vietnam Gallantry Cross with Palm
Unit Citation and to show he is authorized three bronze service stars on
his already-awarded Vietnam Service Medal.

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
award of the Aircraft Crewman Badge and any other unit awards.




                            __Linda D. Simmons____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060013497                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070405                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.       |110.04                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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