RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 July 2007
      DOCKET NUMBER:  AR20070000586


      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             |
|     |Ms. Deyon D. Battle               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James Anderholm               |     |Chairperson          |
|     |Mr. Jose Martinez                 |     |Member               |
|     |Mr. William Crain                 |     |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 records be corrected to
show that he was awarded the Air Medal and the Bronze Star Medal.

2.  The applicant states, in effect, that he was awarded the Air Medal and
the Bronze Star Medal and these decorations should be included on his
Report of Transfer or Discharge (DD Form 214).

3.  The applicant provides a copy of a certificate for award of the Bronze
Star Medal and copies of the orders and citation awarding him the Air
Medal.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 14 November 1969.  The application submitted in this case
is dated 29 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.  The Board noted the applicant’s request for award of the Bronze Star
Medal.  However, the applicant has not exhausted the administrative remedy
available to him under the provisions of Section 1130, Title 10, United
States Code.  He has been notified by separate correspondence regarding
submission of a recommendation for award of the Bronze Star Medal under
this provision of law.  As a result, award of the Bronze Star Medal
requested by the applicant is not discussed further in these Proceedings.

4.  On 15 November 1967, the applicant was inducted into the Army in St.
Louis, Missouri and he successfully completed his training as a light
weapons infantryman.  On 19 April 1968, he was transferred to the Republic
of Vietnam and he was assigned to Company B, 1st Battalion, 18th Infantry
Regiment, 1st Infantry Division.


5.  While in Vietnam, the applicant participated in the following four
campaigns of the Vietnam War:  the Vietnam Counteroffensive, Phase IV,
which extended from 2 April through 30 June 1968; the Vietnam
Counteroffensive, Phase V, which extended from 1 July through 1 November
1968; the Vietnam Counteroffensive, Phase VI, which extended from 2
November 1968 through 22 February 1969; and Tet 69 Counteroffensive, which
extended from 23 February through 8 June 1969.

6.  General Orders Number 2600 was published on 10 April 1969 awarding the
applicant the Air Medal for meritorious achievement while participating in
aerial flight for the period covering 2 July 1968 through 9 December 1969.

7.  On 12 May 1969, the applicant retuned to the Continental United States
and he was assigned to the Replacement Detachment, Fort Jackson, South
Carolina as a military policeman.

8.  The applicant was honorably released from active duty (REFRAD) on
14 November 1969.  The DD Form 214 that he was furnished at the time of his
REFRAD shows that he was awarded the National Defense Service Medal, the
Vietnam Service Medal, the Vietnam Campaign Medal, the Combat Infantryman
Badge, the Army Commendation Medal w/"V" Device, two Overseas Service Bars
and the Republic of Vietnam Gallantry Cross w/Palm Unit Citation.  However,
the Air Medal was not included on his DD Form 214.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Air Medal 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.  As with all personal decorations, formal
recommendations, approval through the chain of command, and announcement in
orders are required.

10.  Army Regulation 600-8-22, in pertinent part, authorizes award of a
Bronze Service Star, based on qualifying service, for each campaign listed
in its Appendix B and states that authorized Bronze Service Stars will be
worn on the appropriate service medal, in this case, the Vietnam Service
Medal.





DISCUSSION AND CONCLUSIONS:

1.  An error was made during the preparation of the applicant's DD Form 214
which resulted in omission of the Air Medal.

2.  The evidence of record shows that General Orders Number 2600 was
published on 10 April 1969 awarding him the Air Medal and his DD Form 214
should be amended to include this decoration.

3. Additionally, the applicant's records show that he is entitled to four
Bronze Service Stars for wear on in his Vietnam Service Medal.  He
participated in four campaigns while he was in Vietnam and his DD Form 214
should be corrected to reflect his campaign participation.

4.  In view of the foregoing, it would now be appropriate to correct the
applicant's records as recommended below.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 14 November 1969; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 13 November 1972.  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:

__JA____  ___JM __  __WC___  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 amending his DD Form 214 to show that he was
awarded the Air Medal and four Bronze Service Stars for wear on his Vietnam
Service Medal.




                            ____ James Anderholm_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070000586                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070712                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000/AWARDS & DECORATIONS           |
|2.  64                  |107.0018/AIR MEDAL                      |
|3.  60                  |107.0014/BRONZE STAR MEDAL              |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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