RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           13 January 2005
      DOCKET NUMBER:  AR20040001732


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Walter T. Morrison            |     |Chairperson          |
|     |Ms. Eloise C. Prendergast         |     |Member               |
|     |Ms. Jeanette R. McCants           |     |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 DD Form 214 (Armed Forces of
the Untied States Report of Transfer or Discharge) be amended to show he
was awarded the Bronze Star Medal and other medals.

2.  The applicant states, in effect, that he was given the Bronze Star
Medal and other awards but his DD Form 214 shows only some of the awards he
received.

3.  The applicant provides his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on     29 July 1969.  The application submitted in this case is dated 18
May 2004.

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.  There is no evidence of record and the applicant provides no evidence
to show he was awarded the Bronze Star Medal.  This portion of his request
has been addressed by separate correspondence and will not be discussed
further in this Record of Proceedings.

4.  The applicant enlisted in the Regular Army on 14 October 1966.  He
completed basic combat training and advanced individual training and was
awarded military occupational specialty 63A (Mechanic's Helper).  He was
later awarded military occupational specialty 13B (Field Artillery
Crewman).

5.  The applicant arrived in Vietnam and was assigned to Battery B, 1st
Battalion, 40th Artillery on or about 6 October 1967.  He departed on
special leave on       15 September 1968, departed absent without leave on
19 October 1968, was attached to Fort Meade, MD on or about 29 October
1969, and returned to Vietnam, for assignment to Service Battery, 5th
Battalion, 22d Artillery, on            1 March 1969.

6.  The applicant departed Vietnam on 26 July 1969 after being credited
with participation in five campaigns.  He was released from active duty on
29 July 1969.  His DD Form 214 shows he was awarded the National Defense
Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign
Medal, three overseas bars, the Army Commendation Medal, and the Marksman
Marksmanship Qualification Badge (M-14).

7.  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 that, at the time of the
applicant's assignment to the 1st Battalion, 40th Artillery, it was cited
for award of the Meritorious Unit Commendation (MUC) for the period 16
September 1967 through 5 June 1968 by Department of the Army General Orders
(DAGO) Number 73 dated 1968 and again for the period 6 June 1968 through 30
April 1969 on DAGO Number        39 dated 1970.

8.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant's assignment to the 5th Battalion, 22d Artillery, it was cited
for award of the MUC Commendation for the period 24 December 1968 through
30 April 1969 on DAGO Number 39 dated 1970.

9.  Department of the Army Pamphlet 672-3 also shows that, at the time of
the applicant's assignment to the 5th Battalion, 22d Artillery, it was
cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation for the period     1 August 1965 through 16 April 1971 on DAGO
Number 54 dated 1974.

10.  Army Regulation 600-8-22 (Military Awards) states that one bronze
service star is worn on the appropriate service medal for each campaign
participation credit.  One silver service star is worn in lieu of five
bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was assigned to units during
periods of times those units were awarded the MUC (one unit was awarded the
MUC twice and the other unit was awarded the MUC once.  His DD Form 214
should be amended to show he is eligible to wear three awards of the MUC.

2.  The evidence of record shows that the applicant was assigned to a unit
during a period of time that unit was awarded the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.  His DD Form 214 should be amended
to add this unit award.

3.  The applicant met the eligibility criteria to wear one silver service
star on the Vietnam Service Medal.  His DD Form 214 should be amended to
reflect this fact.
BOARD VOTE:

___wtm__  ___ecp__  __jrm__  GRANT 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 the DD Form 214 of the individual
concerned be corrected by showing three awards of the Meritorious Unit
Commendation and one award of the Republic of Vietnam Gallantry Cross with
Palm Unit Citation and to show he is eligible to wear one silver service
star on the Vietnam Service Medal.




            __Walter T. Morrison_
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040001732                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050113                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |110.04                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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