RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         02 DECEMBER 2004
      DOCKET NUMBER:  AR2004105974


      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             |
|     |Ms. Deborah L. Brantley           |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. Raymond Wagner                |     |Chairperson          |
|     |Mr. Thomas O'Shaughnessy          |     |Member               |
|     |Ms. Laverne Berry                 |     |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 his records be corrected to reflect the
Republic of Vietnam Gallantry Cross Unit Citation with Palm, which he
refers to as the Vietnamese Cross of Gallantry with Palm.

2.  The applicant states he was awarded the decoration after his separation
and as such, it was not recorded on his separation document.

3.  The applicant provides no evidence in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 12 November 1969.  The application submitted in this case
is dated 25 March 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.  Records available to the Board indicate that the applicant entered
active duty on 18 November 1966.  Upon completion of training he was
assigned to an aviation battalion in Europe.

4.  While in Europe, the applicant qualified as a marksman with the M-14
rifle and was awarded the associated badge and component bar.  Orders
issued by the 18th Aviation Battalion confirmed the award, but the
information was omitted from his separation document.

5.  In January 1968 the applicant was assigned to Vietnam and on 5 February
1969 assumed duties as a senior message clerk with the 2nd Battalion, 18th
Infantry.  He remained in Vietnam until November 1969 when he returned to
the United States for separation processing.

6.  On 12 November 1969 he was released from active duty with an honorable
characterization of service.  His separation document does not reflect
entitlement to the Republic of Vietnam Gallantry Cross Unit Citation with
Palm.
7.  A review of Department of the Army Pamphlet 672-3 (Unit Citation and
Campaign Participation Credit Register) notes the applicant’s unit was
credited with participating in four designated campaigns (Vietnam
Counteroffensive Phase VI, TET 69 Counteroffensive, Vietnam Summer-Fall
1969, and Vietnam Winter-Spring 1970) during the applicant’s period of
assignment.  Four bronze service stars on the Vietnam Service Medal, which
is recorded on his separation document, should reflect his campaign
participation.  The unit was also awarded the Republic of Vietnam Civil
Actions Honor Medal First Class Unit citation during his tenure with the
organization.  The unit award was also omitted from his separation
document.

8.  Department of the Army Pamphlet 672-3 also provides, in pertinent part,
for award of the Republic of Vietnam Gallantry Cross Unit Citation with
Palm to all individuals who served in Vietnam between 20 July 1965 and 28
March 1973 in a unit which was subordinate to Headquarters, United States
Army Vietnam.  The applicant’s unit was such a unit.

DISCUSSION AND CONCLUSIONS:

1.  Evidence available to the Board confirms that the applicant is entitled
to a Republic of Vietnam Gallantry Cross Unit Citation with Palm based on
his service in Vietnam.

2.  The evidence also shows that he is entitled to four bronze service
stars and a Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation, and that he qualified as a marksman with the M-14 rifle and was
awarded the associated badge and component bar.  His records should be
corrected accordingly.

BOARD VOTE:

___RW__  ___TO __  __LB ___  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:

      a.  entitlement to the Republic of Vietnam Gallantry Cross Unit
Citation with Palm;


      b.  entitlement to four bronze service stars on his Vietnam Service
Medal, and the Republic of Vietnam Civil Actions Honor Medal First Class
Unit Citation; and


      c.  qualification as a marksman with the M-14 rifle and award of the
associated badge and component bar.




                            ____ Raymond Wagner______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004105974                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20041202                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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