RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 June 2007
      DOCKET NUMBER:  AR20070000147


      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. Deyon D. Battle               |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda Simmons                 |     |Chairperson          |
|     |Mr. Joe Schroeder                 |     |Member               |
|     |Mr. Chester Damian                |     |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 he be furnished copies of the orders for
the decorations that he received, including the Bronze Star Medal.  He also
requests that his records be corrected to show that he was promoted to
specialist five
(E-5) prior to his release from active duty (REFRAD).

2.  The applicant states that his decorations are listed on his Report of
Transfer or Discharge (DD Form 214); however, he has no orders.

3.  The applicant provides no additional documentation in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 28 November 1970.  The application submitted in this case
is dated 15 December 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.  On 20 May 1969, the applicant was inducted into the Army in Ashland,
Kentucky and he successfully completed his training as a helicopter
repairman.

4.  The applicant was promoted to the pay grade of E-2 on 25 July 1969 and
he was promoted to the pay grade of E-3 on 26 October 1969.  He was
transferred to Vietnam on 5 January 1970 and was promoted to the pay grade
of E-4 on 8 January 1970.

5.  General Orders Number 9121 was published on 11 August 1970, awarding
the applicant the Army Commendation Medal.

6.  General Orders Number 10515 were published on 3 September 1970,
awarding him the Air Medal with "V" Device.

7.  General Orders Number 13435 were published on 7 November 1970, awarding
the applicant the Bronze Star Medal.

8.  The applicant returned to the Continental United States on 26 November
1970, and he was honorably REFRAD as an overseas returnee on 28 November
1970.

10.  The DD Form 214 that he was furnished shows that he was awarded the
National Defense Service Medal, the Vietnam Service Medal, the Air Medal
with "V" Device, the Army Commendation Medal, the Republic of Vietnam
Campaign Medal, and Two Overseas Service Bars.  However his Bronze Star
Medal is not reflected on his DD Form 214.

11.  A review of the available records fails to show that that orders were
ever published promoting the applicant to the rank of specialist five (E-
5).

12.  United States Army Vietnam Regulation Number 672-2 (Foreign Awards and
Decorations) provided for processing of foreign awards and decorations
presented to individuals and units.  This regulation, in pertinent part,
governed award of the Republic of Vietnam Gallantry Cross as a personal
decoration.  This decoration is awarded to personnel who have conducted
themselves with heroic action and have displayed deeds of valor while
fighting the enemy.  The more gallant and noteworthy the act, the higher
the level of the award.  This decoration was awarded in four degrees: with
Palm, with Gold Star, with Silver Star and with Bronze Star.  Approval to
accept and to wear a personal award of the Republic of Vietnam Gallantry
Cross required approval by the Commanding General of United States Army
Vietnam.  As with all foreign awards, each recipient of an approved foreign
award was provided a copy of the original citation from the foreign
government, a translation of the citation if necessary, and a letter
authorizing the recipient to receive and wear the decoration.

13.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, for award of the Valorous Unit Award to units of the Armed Forces of
the United States for extraordinary heroism in action against an armed
enemy of the United States while engaged in military operations involving
conflict with an opposing foreign force or while serving with friendly
foreign forces engaged in an armed conflict in which the United States is
not a belligerent party for actions occurring on or after 3 August 1963.
This award requires a lesser degree of gallantry, determination, and esprit
de corps than required for the Presidential Unit Citation.  Nevertheless,
the unit must have performed with marked distinction under

difficult and hazardous conditions in accomplishing its mission so as to
set it apart from and above other units participating in the same conflict.
 The degree of heroism required is the same as that which would warrant
award of the Silver Star to an individual

14.  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 the unit, to which the applicant
was assigned, was cited for award of the Vietnam Gallantry Cross with Palm
Unit Citation for the period 15 December 1969 through 10 October 1970 by
Department of the Army General Order Number 52, dated 1971 and the Valorous
Unit Award for the period covering 22 July 1970 through 23 July 1970 by
Department of the Army General Order Number 50, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  It appears that the rank and pay grade currently reflected on the
applicant's DD Form is correct.  There is no evidence in the available
record nor has the applicant submitted any evidence to support his
contention that orders were published promoting him to the pay grade of E-
5.

2.  However, there was an error made during the preparation of his DD Form
214 which resulted in the Bronze Star Medal being omitted.  He was in fact
awarded the Bronze Star Medal and his decoration should be included on his
DD Form 214.

3.  Orders were published awarding the applicant the Bronze Star Medal, the
Army Commendation Medal, and the Air Medal with "V" Device and a copy of
the orders for each of these decorations will be forwarded to the applicant
along with these Board Proceedings.

4.  The applicant is also entitled to award of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation and the Valorous Unit Award and his
records should be corrected to reflect these decorations.

5.  In view of the foregoing, it would now be in the interest of justice to
correct the applicant's records as recommended below.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 28 November 1970; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on

27 November 1973.  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

__LS____  __JS ___  ____CD _  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 amending his DD Form
214 to show that he was awarded the Bronze Star Medal and to show his
entitlement to the Republic of Vietnam Gallantry Cross with Palm Unit
Citation and the Valorous Unit Award.

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
correcting his records to show that he was promoted to specialist five (E-
5).




                            _____ Linda Simmons________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070000147                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070605                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  1021 |100.0000/ADMINISTRATIVES MATTERS        |
|2.  46                  |107.0000/AWARDS AND DECORATIONS         |
|3.  310                 |131.0000/PROMOTION                      |
|4.  302                 |129.0000/PAY GRADE                      |
|5.                      |                                        |
|6.                      |                                        |


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