RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        2 August 2007
      DOCKET NUMBER:  AR20070001855


      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             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Curtis Greenway               |     |Chairperson          |
|     |Mr. Robert W. Soniak              |     |Member               |
|     |Ms. Karmin S. Jenkins             |     |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 record be corrected to show
his entitlement to the Republic of Vietnam (RVN) Civil Actions Honor Medal
(RVNCAHM) First Class Unit Citation, RVN Gallantry Cross (RVNGC) with Palm
Unit Citation, 2 or 3 bronze service stars with his Vietnam Service Medal
(VSM), additional awards of the Air Medal (AM) based on 1033 or 1487 of
flight hours, and all additional awards to which he may be entitled based
on his RVN service.

2.  The applicant states, in effect, the awards he should have received for
serving in the RVN were left off his record and separation document (DD
Form 214) upon his departure from the RVN and the Army.

3.  The applicant provides the following documents in support of his
application:  Separation Documents (DD Forms 214), dated 23 February 1969
and 1 June 1971; Enlisted Qualification Record (DA Form 20); Officer
Qualification Record (DA Form 66); Warrant Officer Appointment Memorandum,
dated 24 February 1969; and United States Army Reserve (USAR) Discharge
Orders, dated
10 February 1972.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 1 June 1971, the date of his release from active duty
(REFRAD).  The application submitted in this case is dated 26 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's record shows that he enlisted in the United States Army
Reserve (USAR) in an enlisted status on 16 November 1967.  He completed
basic combat training at Fort Polk, Louisiana and on 18 March 1968, he was
assigned to Fort Wolters, Texas, as a Warrant Officer Candidate (WOC).

4.  On 23 February 1969, the applicant was honorably discharged in order to
accept a warrant officer appointment, and on 24 February 1969, the
applicant was appointed a Warrant Officer One (WO1) in the USAR and entered
active duty in that status.  On 24 February 1970, the applicant was
promoted to
Chief Warrant Officer Two (CW2).

5.  The applicant's DA Form 66 shows that he served in the RVN from 24
March 1969 through 14 March 70.  Item 18 (Record of Assignments) shows that
during his RVN tour, he was assigned to Troop B, 3rd Squadron, 17th Cavalry
Regiment, 12th Cavalry Group, performing duties as a helicopter pilot.
Item 21 (Awards and Decorations) shows that during his active duty tenure,
he earned the following awards:  National Defense Service Medal (NDSM);
Army Aviation Badge (AAB); Vietnam Service Medal (VSM); Purple Heart (PH);
Air Medal (AM); RVNCM with Device 1960; RVNGC with Palm Unit Citation,
RVNCAHM First Class Unit Citation; Bronze Star Medal (BSM); Expert
Marksmanship Qualification Badge with Rifle (M-14) and Pistol Bar; and the
Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bars.

6.  Item 44 (Flying Hours) of the applicant's DA Form 66B (Insert Sheet)
shows he accrued a total of 1033 hours as of 30 June 1970.  An Individual
Flight Record Certificate (DA Form 759), dated May 1971, confirms that as
of that date, the applicant had accrued a total of 680 hours of pilot
combat time.

7.  On 1 June 1971, the applicant was honorably REFRAD after completing a
total of 3 years, 2 months, and 14 days of active military service.  The DD
Form 214 he was issued shows he held the rank of CW2.  Item 24
(Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons
Awarded or Authorized) shows he earned the following awards during his
active duty tenure:  NDSM; AAB; VSM; PH; AM; RVNCM; RVNGC with Palm Unit
Citation; RVNCAHM First Class Unit Citation; BSM; 2 Overseas Bars;
Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar; and
Expert Marksmanship Qualification Badge with Rifle (M-14) and Pistol Bars.


8.  Army Regulation 600-8-22 (Military Awards) prescribes the Army’s awards
policy.  Paragraph 2-13 contains guidance on the VSM.  It states, in
pertinent part, that a bronze service star is authorized with this award
for each campaign a member is credited with participating in while serving
in the RVN.

9.  Paragraph 3-16 of the awards regulation contains guidance on the AM.
It states, in pertinent part, that the AM is awarded in time of war for
heroism and for meritorious achievement or service while participating in
aerial flight.  This award
is primarily intended for personnel on flying status, but may also be
awarded to those personnel whose combat duties require them to fly, for
example personnel in the attack elements of units involved in air-land
assaults against an armed enemy.  Under current regulatory guidance,
Numerals starting with the numeral 2, as opposed to Oak Leaf Clusters,
which were used during the Vietnam era, are used to denote second and
subsequent awards of the AM.

10.  United States Army Vietnam (USARV) Regulation 672-1 (Decorations and
Awards) provided, in pertinent part, guidelines for award of the AM.  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 AM.

11.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register) establishes the eligibility of individual members for campaign
participation credit, assault landing credit, and unit citation badges
awarded during the Vietnam Conflict.  It confirms that during his tenure of
assignment in the RVN, the applicant’s unit (Troop B, 3rd Squadron, 17th
Cavalry Regiment) received the RVNGC Palm Unit Citation and the RVNCAHM
First Class Unit Citation.  It also confirms that during the period of his
RVN assignment, participation credit was granted for the TET 69
Counteroffensive, Vietnam Summer-Fall 1969, and the Vietnam Winter-Spring
1970 campaigns.

12.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents that must be prepared for Soldiers on retirement, discharge,
release from active duty service, or control of the Active Army.  It also
establishes standardized policy for preparing and distributing the DD Form
214.  Chapter 2 contains guidance and instructions on the preparation of
the DD Form 214.  The instructions for entering awards is to enter all
awards earned during all periods of service, and the regulation specifies
not to use abbreviations.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to additional awards was carefully
considered and found to have partial merit.  The evidence of record
confirms the applicant accrued 680 hours of combat flight time while
serving in the RVN.  As a
result, based on the 25 hour standard for each award of the AM, it would be
appropriate to show he earned the AM with Numeral 27, which denotes he
earned 27 awards of the AM.

2.  Although the applicant's flight record shows that as of 30 June 1970 he
accrued a total of 1033 hours of flight time, only 680 hours of that time
was recorded as combat flight time, as evidenced by the May 1971 DA
Forms759 on file.  As a result, there is an insufficient evidentiary basis
to award additional AMs based on 1033 or 1487 flight hours as was requested
by the applicant.

3.  The evidence of record confirms that based on his RVN service, the
applicant is entitled to the RVNGC with Palm Unit Citation and the RVNCAHM
First Class Unit Citation.  Although incorrect abbreviations were used on
the DA Form 66 and DA Form 20, these awards were included in the list of
awards contained on his DA Form 66 and on his DD Form 214.

4.  Further, the record shows that during his tenure in the RVN,
participating credit was granted for 3 campaigns; therefore, the applicant
is entitled to
3 bronze service stars with his VSM.  As such, it would be appropriate to
add this change to his record and separation document at this time.

5.  In view of the lack of clarity in the list of awards contained on the
applicant's DD Form 214, it would also be appropriate to amend Item 24 of
his DD Form 214 to list all awards in accordance with the current
regulation for the sake of equity and clarity.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___CG__  __RWS__  __KSJ __  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 all Department of the Army
records of the individual concerned be corrected by:

      a.  showing his entitlement to 27 awards of the Air Medal (Air Medal
with Numeral 27);

      b.  showing his entitlement to 3 bronze service stars with his
Vietnam Service Medal;

      c.  amending Item 24 of his 1 June 1971 DD Form 214 by deleting the
current list of awards and replacing it with the entry:  "Bronze Star
Medal, Purple Heart, Air Medal with Numeral 27 (27th Award), National
Defense Service Medal, Vietnam Service Medal with 3 bronze service stars,
Republic of Vietnam Campaign Medal with 1960 Device, Republic of Vietnam
Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions
Honor Medal First Class Unit Citation, Army Aviation Badge, Expert
Marksmanship Qualification Badge with Rifle (M-14) and Pistol Bars,
Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar, and 2
Overseas Service Bars"; and

      d.  providing him a correction to his separation document that
reflects these changes.

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
awarding Air Medals based on 1022 or 1487 flight hours.




                            ____Curtis Greenway_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070001855                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/08/02                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1971/06/01                              |
|DISCHARGE AUTHORITY     |AR 635-100                              |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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