RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        28 June 2007
      DOCKET NUMBER:  AR20070001285


      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 T. Meixell               |     |Chairperson          |
|     |Mr. William F. Crain              |     |Member               |
|     |Mr. Dean A. Camarella             |     |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, the Meritorious Unit Commendation
(MUC) and the Republic of Vietnam Gallantry Cross with Palm Unit Citation
be added to his DD Form 214 (Armed Forces of the United States Report of
Transfer or Discharge).

2.  The applicant states that all units in Vietnam were awarded the
Republic of Vietnam Gallantry Cross with Palm Unit Citation.  He also
states that the 118th Assault Helicopter Company was awarded the MUC for
the period 1 June 1963 through 30 June 1966 by Department of the Army
General Orders Number 17, dated 1968.  He served with the 118th Assault
Helicopter Company from October through March 1965.  He [had been] assigned
to the 5th Provisional Machine Gun Platoon, 65th Engineer Battalion, 25th
Infantry Division [while in Hawaii].

3.  The applicant provides website printouts on the Republic of Vietnam
Gallantry Cross with Palm Unit Citation, the MUC, and “The Original Pocket
Patch” [of the 118th Aviation Company].

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 18 February 1966.  The application submitted in this case
is dated 13 January 2007.

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 enlisted in the Regular Army on 21 January 1963.  He
completed basic combat training and advanced individual training and was
awarded military occupational specialty 120.00 (Pioneer).

4.  The applicant was assigned to the 65th Engineer Battalion, Hawaii on or
about 23 June 1963.  His DA Form 20 (Enlisted Qualification Record) shows
  he arrived in Vietnam and was assigned to U. S. Army Support Command,
Vietnam (attached to the 145th Aviation Battalion) on 5 December 1964;
transferred to U. S. Army Support Command, Vietnam, 121st Aviation Company
on 22 February 1965; and returned to the 65th Engineer Battalion, Hawaii on
   20 May 1965.  However, Air Medal orders show he was assigned to Company
A, 501st Aviation Battalion from 14 December 1964 to 25 January 1965.

5.  Information obtained from the internet indicates the 118th Assault
Helicopter Company was a subordinate unit of the 145th Aviation Battalion;
however, there is no evidence of record that shows the applicant was
assigned or attached specifically to the 118th Assault Helicopter Company.

6.  The applicant was released from active duty on 18 February 1966.  His
DD Form 214 shows he was awarded the Armed Forces Expeditionary Medal and
the Air Medal (1st Oak Leaf Cluster).  His DD Form 214 was later amended to
add the Republic of Vietnam Campaign Medal.

7.  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 121st Aviation Company, it was cited for
award of the Valorous Unit Award for the period 4 through 6 April 1965 by
Department of the Army General Orders  Number 60, dated 1969.

8.  Department of the Army Pamphlet 672-3 shows that the 118th Aviation
Company (i.e., the 118th Assault Helicopter Company) was cited for award of
the MUC for the period June 1963 through June 1966 by Department of the
Army General Orders Number 17, dated 1968.

9.  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.

10.  Army Regulation 600-8-2 (Military Awards) states the National Defense
Service Medal is awarded for honorable active service for any period
between  27 June 1950 and 27 July 1954, both dates inclusive; between 1
January 1961 and 24 August 1974, both dates inclusive; between 2 August
1990 and             30 November 1995, both dates inclusive; and between 11
September 2001 and a date to be determined.

DISCUSSION AND CONCLUSIONS:

1.  While the applicant’s DA Form 20 shows he was assigned to the parent
unit of the 118th Assault Helicopter Company, there is no evidence of
record and the applicant provides none to show he was specifically assigned
or attached to the 118th Assault Helicopter Company; therefore, there is
insufficient evidence on which to show he is eligible to wear the MUC.

2.  The evidence of record shows the applicant was assigned to a unit (the
121st Aviation Company) during a period of time that unit was awarded the
Valorous Unit Award.  Therefore, this unit award should be added to his DD
Form 214.

3.  All units in Vietnam were later awarded the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.  Therefore, this unit award should
also be added to his DD Form 214.

4.  The applicant met the eligibility criteria for award of the National
Defense Service Medal.  This award should also be added to his DD Form 214.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 18 February 1966; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired        17 February 1969.  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

__dtm___  __wfc___  __dac___  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 adding the Valorous Unit Award, the
Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the
National Defense 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
adding the Meritorious Unit Commendation to his DD Form 214.




                            __John T. Meixell_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070001285                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070628                                |
|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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