RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          16 September 2004
      DOCKET NUMBER:  AR2004101947


      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. Carl W. S. Chun               |     |Director             |
|     |Mr. Klaus P. Schumann             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Luther L. Santiful            |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Ms. Marla J.N. Troup              |     |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, all awards and decorations he is
entitled to based on his service in the Army.

2.  The applicant states, in effect, that during his tour in the Republic
of Vietnam (RVN) he was in battles on several occasions and his camp was
destroyed by fire which destroyed most of his belongings.  He further
states that he earned these medals and requests a correction of his records
to show the awards.

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

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
that occurred on 8 May 1970.  The application submitted in this case is
dated 1 December 2003.

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 limitation 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 military records show that he was inducted into the
Army
and entered active duty on 8 May 1967.  On 10 May 1967 he was honorably
separated for the purpose of immediate enlistment into the Regular Army.
He was trained and served in military occupational specialty (MOS) 62B
(Engineer Equipment Repairman).
4.  The applicant’s Enlisted Qualification Record (DA Form 20) shows that
the applicant served in the RVN from 20 December 1967 through 14 November
1968.  The record further shows that during this RVN tour, he was assigned
to Company A, 704th Maintenance Battalion, 4th Infantry Division.  Item 41
shows that during his active duty tenure, he was awarded the National
Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign
Medal, and Army Good Conduct Medal.

5.  On 8 May 1970, the applicant was honorably separated from active duty
after completing a total of 3 years of active military service.  The
separation document (DD Form 214) he was issued at the time shows, in Item
24 (Decorations, Medals, Badges, Commendations, Citations and Campaign
Ribbons Awarded or Authorized), that he earned the following awards during
his active duty tenure:  National Defense Service Medal, Vietnam Service
Medal, RVN Campaign Medal, Army Good Conduct Medal, Marksman Qualification
Badge with Rifle Bar, and
1 Overseas Bar.

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-13 provides
guidance on the Vietnam Service Medal.  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 and a
silver service star is used in lieu of five bronze service stars.

7.  Table B-1 of the awards regulation confirms that during the applicant’s
tenure of assignment in the RVN, campaign participation credit was granted
for the following five campaigns:  Vietnam Counteroffensive Phase III;
TET Counteroffensive 1968; Vietnam Counteroffensive Phase IV; Vietnam
Counteroffensive Phase V; and Vietnam Counteroffensive Phase VI.

8.  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 (Company A, 704th Maintenance
Battalion) was awarded the Meritorious Unit Citation, RVN Gallantry Cross
with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit
Citation.
DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim of entitlement to awards based on his RVN was
carefully considered and found to have merit.  The evidence of record
confirms that based on his service in the RVN, the applicant is entitled to
correction of his records to show awards which were omitted through
administrative error at the time of his separation from active duty.

2.  The applicant’s service personnel records and separation document do
not reflect the following awards he is entitled to based on his RVN service
and campaign participation:  Meritorious Unit Commendation, RVN Gallantry
Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class
Unit Citation, and 1 silver service star with his Vietnam Service Medal.
Therefore, his records should be corrected to include these awards.

BOARD VOTE:

__lls____  __jtm____  __mjnt__  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 showing his entitlement to the
Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with
Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First
Class Unit Citation, and
1 silver service star with his Vietnam Service Medal; and by providing him
a corrected separation document that includes these awards.




            ______________________
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR2004101947                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |YYYYMMDD                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19700508                                |
|DISCHARGE AUTHORITY     |AR 635-200 . . . . .                    |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1. 140   |107.0094                                |
|2. 141                  |107.0095                                |
|3. 80                   |107.0034                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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