RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 March 2005
      DOCKET NUMBER:  AR20040003168


      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. Prevolia Harper               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Thomas D. Howard, Jr.         |     |Chairperson          |
|     |Mr. Robert J. Osborn, II          |     |Member               |
|     |Mr. James B. Gunlicks             |     |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 correction of his records to show award of the
"Cross of Gallantry."  This award is correctly known as the Republic of
Vietnam Gallantry Cross with Palm Unit Citation.

2.  The applicant states that he is entitled to the Republic of Vietnam
Gallantry Cross with Palm Unit Citation because it was authorized by
General Orders, dated 8 November 1974.

3.  The applicant further states that this award was never put on his DD
Form 214 (Report of Separation from Active Duty) when he was discharged in
1974.

4.  The applicant provides a copy of an information page from the Internet
titled "Vietnam Cross of Gallantry " and a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 6 July 1974, the date of his separation from active service.
The application submitted in this case is dated 21 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 initially entered active duty on 29 December 1969 for a
period of 3 years.  He completed basic and advanced individual training and
was awarded the military occupational specialty 63B26 (Wheeled Vehicle
Mechanic). He was honorably discharged on 14 July 1970 after completing 6
months and 16 days of active service.

4.  The applicant reenlisted on 15 July 1970 for a period of 4 years.  He
served in Vietnam from 17 April 1971 to 25 August 1971 with the 173rd
Airborne Brigade.

5.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214
shows that he was awarded the National Defense Service Medal, the Good
Conduct Medal, the Parachutist Badge, the Vietnam Service Medal, the
Vietnam Campaign Medal, and the Expert Marksman Badge (M-16).

6.  Review of the applicant's records indicates that he may be entitled to
campaign credit and additional awards and decorations which are not shown
on his DD Form 214.

7.  The applicant's service records indicate he participated in the Vietnam
Counteroffensive Phase VII (1 July 1970 to 30 June 1971) and the
Consolidation I (1 July 1971 to 30 November 1971).  The applicant's award
of the Vietnam Service Medal does not show bronze service stars to indicate
credit for these campaigns.

8.  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 the unit to which the applicant
was assigned,
the 173rd Airborne Brigade, was cited for award of the Republic of Vietnam
Gallantry Cross with Palm based on Department of the Army General Orders
Number 51, dated 1970.

9.  Army Regulation 600-8-22 provides in pertinent part, for award of a
bronze service star, based on qualifying service, for each campaign listed
in Appendix B of this regulation and states that authorized bronze service
stars will be worn on the appropriate service medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show the
Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  The applicant is entitled to award of the Republic of Vietnam Gallantry
Cross with Palm Unit Citation based on Department of the Army General
Orders Number 51, dated 1970.  Therefore, he is entitled to correction of
his DD Form 214 to show this unit award.

3.  The applicant is entitled to award of two bronze service stars to be
worn on his Vietnam Service Medal.  These awards are based on his
participation in two campaigns during his Vietnam service.




4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 6 July 1974; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 5 July 1977.  However, in view of the evidence in this case, it
is appropriate to excuse the failure to timely file.

BOARD VOTE:

__tdh___  __rjo___  __jbg___  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 award of the Republic of
Vietnam Gallantry Cross with Palm Unit Citation and two bronze service
stars to be worn on his Vietnam Service Medal.




                                  Thomas D. Howard, Jr.
                            ______________________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040003168                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050322                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0094                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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