RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        29 MARCH 2005
      DOCKET NUMBER:  AR20040002539


      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. Kenneth H. Aucock             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Melvin Meyer                  |     |Chairperson          |
|     |Mr. Patrick McGann                |     |Member               |
|     |Ms. Susan Powers                  |     |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.  In effect, the applicant requests that his DD Form 214 (Report of
Transfer or Discharge) be corrected to show award of the Combat Medical
Badge, Meritorious Unit Commendation, Presidential Unit Citation, and the
Vietnam Service Medal with bronze stars.

2.  The applicant states that he served in Vietnam with the 2nd Battalion,
        28th Infantry of the 1st Infantry Division.  He was a medic in
combat.

3.  The applicant provides a copy of his 19 July 1968 and 19 December 1973
DD Forms 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 19 December 1973.  The application submitted in this case
is dated 3 June 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 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 applicant enlisted in the Army for three years on 21 July 1965,
completed training as a medical specialist, and in January 1966 was
assigned as a medical aidman to Headquarters Company, 2nd Battalion, 28th
Infantry in Vietnam.  He returned to the United States in December 1966 and
was assigned to Fort Hamilton, New York.  He was released from active duty
on 19 July 1968.

4.  The applicant participated in two campaigns during his tour of duty in
Vietnam.  The Unit Citation and Campaign Participation Credit Register
provides a listing of campaign participation credit, assault landing
credit, and unit citation badges awarded to units during the Vietnam
conflict.  That register shows that the 2nd Battalion, 28th Infantry was
awarded the Valorous Unit Award, the Republic of Vietnam Gallantry Cross
Unit Citation with Palm, and the Republic of Vietnam Civil Actions Honor
Medal First Class Unit Citation for its actions during the time the
applicant was assigned to that unit.  That register does not show award of
the Meritorious Unit Commendation or the Presidential Unit Citation.

5.  The applicant’s DD Form 214 shows that he was awarded the National
Defense Service Medal, Good Conduct Medal, Vietnam Campaign Medal, Vietnam
Service Medal, Marksman (Rifle) [Badge], and Medical Badge 1st [Combat
Medical Badge].

6.  The applicant reenlisted in the Army on 24 June 1969 and remained on
continuous active duty until his discharge on 19 December 1973.  His DD
Form 214 does not list any awards.

7.  Army Regulation 600-8-22 provides the policy, criteria, and
administrative instructions concerning individual military awards, and
states in pertinent part that service stars are authorized for wear on the
Vietnam Service Medal.  The bronze service star is worn to denote an
additional award.

8.  Army Regulation 635-5 provides for the preparation of the DD Form 214
and states in pertinent part that decorations, awards, medals, badges,
etc., entered on that form will include those for all periods of Army
service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant participated in two campaigns during his tour of duty in
Vietnam.  He is entitled to award of the Vietnam Service Medal with two
bronze service stars.

2.  The applicant is entitled to award of the Valorous Unit Award, the
Republic of Vietnam Gallantry Cross Unit Citation with Palm, and the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

3.  All of the awards to which the applicant is entitled to should be
reflected on his 19 December 1973 DD Form 214.

4.  The Unit Citation and Campaign Participation Credit Register does not
show award of the Meritorious Unit Commendation or the Presidential Unit
Citation to the 2nd Battalion, 28th Infantry, and there is no evidence to
show that unit was awarded those badges.  The applicant is not entitled to
those awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___MM__  ___PM __  ___SP __  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 the applicant’s 19 December
1973 DD Form 214 be corrected by showing award of the Vietnam Service Medal
with two bronze service stars, Valorous Unit Award, Republic of Vietnam
Gallantry Cross Unit Citation with Palm, Republic of Vietnam Civil Actions
Honor Medal First Class Unit Citation, National Defense Service Medal, Good
Conduct Medal, Republic of Vietnam Campaign Medal, Marksman Marksmanship
Qualification Badge with rifle bar, and the Combat Medical Badge.

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
award of the Meritorious Unit Commendation and the Presidential Unit
Citation.




                            ______Melvin Meyer_________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040002539                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050329                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |110.04                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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