RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        24 July 2007
      DOCKET NUMBER:  AR20060017344


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John P. Infante               |     |Chairperson          |
|     |Ms. Rose M. Lys                   |     |Member               |
|     |Mr. James R. Hastie               |     |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 DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge) be corrected to add the Bronze Star
Medal and, in effect, the Army Commendation Medal.

2.  The applicant states, in effect, that the Bronze Star Medal and the
Army Commendation Medal are not on his DD Form 214.

3.  The applicant provides his DD Form 214 and award certificates for the
Bronze Star Medal and the Army Commendation Medal.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged errors which
occurred on 9 February 1971.  The application submitted in this case is
dated 30 November 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
Army Commendation Medal.  There are no orders or other evidence authorizing
award of this decoration to the applicant.  In the absence of a proper
award authority for this decoration, the applicant may request award of the
Army Commendation Medal under the provisions of section 1130 of Title 10,
U. S. Code.  He has been notified by separate correspondence of the
procedures for applying for this decoration under section 1130 and, as a
result, it will not be discussed further in this Record of Proceedings.

4.  The applicant was inducted into the Army on 10 July 1969.  He completed
basic training and advanced individual training (AIT) in military
occupational specialty (MOS) 67Y (AH-1G Helicopter Repairman) and was
awarded MOS 67Y.

5.  The applicant arrived in Vietnam and was assigned to the 507th
Transportation Detachment, 2d Squadron, 17th Cavalry, 101st Airborne
Division on 27 February 1970.

6.  Headquarters, 101st Airborne Division General Orders Number 14324,
dated 6 December 1970, awarded the applicant the Bronze Star Medal for
meritorious services for the period 1 March 1970 to 30 November 1970.

7.  The applicant departed Vietnam on 7 February 1971 after being credited
with participation in three campaigns.

8.  The applicant was honorably released from active duty in the rank of
Specialist Four, E-4 after completing 1 year and 7 months of creditable
active service with no lost time.

9.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows that
his conduct and efficiency were rated as “excellent” throughout his service
and his records contain no derogatory information.

10.  Army Regulation 600-8-22 (Military Awards) authorizes award of 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.

11.  Army Regulation 600-8-22 provides for award of the Aviation Badge (at
the time, designated the Aircraft Crew Member Badge).  The badge could be
permanently awarded to Soldiers upon successful completion of formal AIT in
career management field 67 MOSs.

12.  Army Regulation 672-5-1, in effect at the time, provided policy and
criteria concerning individual military decorations.  It stated the Army
Good Conduct Medal was awarded for each 3 years of continuous enlisted
active Federal military service completed on or after 27 August 1940 and,
for the first award only, upon termination of service on or after 27 June
1950 of less than 3 years but more than 1 year.  At the time, a Soldier’s
conduct and efficiency ratings must have been rated as “excellent” for the
entire period of qualifying service.

13.  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
the 507th Transportation Detachment, it was cited for award of the Republic
of Vietnam Gallantry Cross with Palm Unit Citation for the period 2
December 1969 through 1 January 1971 by Department of the Army General
Orders (DAGO) Number 24, dated 1972.

14.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant's assignment to the 507th Transportation Detachment, it was cited
for award of the Republic of Vietnam Civil Actions Honor Medal First Class
Unit Citation for the period 30 March 1969 through 2 May 1970 by DAGO
Number 48, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was awarded the Bronze Star
Medal.  This award should be added to his DD Form 214.

2.  The evidence of record shows the applicant completed AIT in MOS 67Y.
Therefore, it appears he meets the eligibility criteria for award of the
Aviation Badge and this badge should be added to his DD Form 214.

3.  The applicant separated in the rank and grade of Specialist Four, E-4
after completing 19 months of creditable active service with no time lost.
His conduct and efficiency had been rated as “excellent” throughout his
service and there is no derogatory information in his records.  It appears
he met the eligibility criteria for award of the Army Good Conduct Medal.

4.  The applicant was credited with participation in three campaigns.  He
meets the eligibility criteria for wear of three bronze service stars on
his Vietnam Service Medal, and his DD Form 214 should be corrected to show
this.

5.  The applicant was assigned to a unit during a period of time that unit
was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation
and the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation.  These unit awards should be added to his DD Form 214.

6   Records show the applicant should have discovered the alleged error or
injustice now under consideration on 9 February 1971; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on           8 February 1974.  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:

__jpi___  __rml___  __jrh___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for 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:

     a.  awarding him the Army Good Conduct Medal for the period 10 July
1969 through 9 February 1971; and

     b.  amending his DD Form 214 to add the Bronze Star Medal, the Army
Good Conduct Medal, the Aviation Badge, the Republic of Vietnam Gallantry
Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions
Honor Medal First Class Unit Citation and to show he is eligible to wear
three bronze service stars on his already-awarded Vietnam Service Medal.




                            __John P. Infante____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060017344                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070724                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |110.04                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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