RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           24 March 2005
      DOCKET NUMBER:  AR20040003727


      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. Allen L. Raub                 |     |Chairperson          |
|     |Mr. Ronald E. Blakely             |     |Member               |
|     |Mr. Robert Rogers                 |     |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 item 38 of his DA Form 20
(Enlisted Qualification Record) be corrected to show his correct principal
duties; that he be awarded the Armed Forces Expeditionary Medal (AFEM), the
Bronze Star Medal (BSM), the Combat Infantryman Badge (CIB), the Air Medal,
and two awards of the Army Commendation Medal (ARCOM); that his NGB Form 21
(sic, presumably means the NGB Form 22) be corrected to reflect that he was
twice chosen as Battery Soldier of the Year and once as the Battalion
Soldier of the Year; that he be awarded the Army Reserve Components
Achievement Medal (ARCAM); and that his NGB Form 21 (sic) be corrected to
reflect his contributions and dedicated service to his New Hampshire Army
National Guard (NHARNG) unit.

2.  The applicant states that item 38 of his DA Form 20 should contain an
entry for 2 December 1968 to show his duty military occupational specialty
(MOS) as 72B40, his principal duty as Detachment 13 Crew Chief, and his
unit as Company A, 54th Signal Battalion.  He states the entry for 7 July
1969 should show his principal duty as First Field Force Vietnam (IFFV)
Team Signal Advisor. He states there is no indication that he was a
classified material courier during the month of June 1969 or that in July
1969 he was sent to Military Assistance Command Vietnam (MACV) Team 37 to
train radio-teletype operators in the procedures of radio communications
and to help improve radio communications.

3.  The applicant states that during his tour in Germany he received a
letter of commendation for "outstanding performance of duty during the
Berlin Crisis."  The letter later disappeared from his records and his DD
Form 214 (Armed Forces of the United States Report of Transfer or
Discharge) did not reflect any commendations.  He states, in effect, that
an ARCOM would have been appropriate.

4.  The applicant states that he read that the AFEM was awarded for service
in Germany during the Berlin Crisis and questions why the AFEM is not on
his DD Form 214.

5.  The applicant states that he received a letter of commendation from the
Commanding Officer of the Communications and Pictorial Services Division,
Fort Dix, NJ but it later disappeared from his records.  He states, in
effect, that he should have been awarded an ARCOM for this service.

6.  The applicant states that, while in Vietnam, he was performing the
duties of a commissioned officer when he established a detachment in Song
Mao.  All commissioned officers of the battalion were awarded a BSM for
service and he, in effect, should have been awarded the same.

7.  The applicant states that, while the Detachment Noncommissioned Officer
in Song Mao, the Signal Corps personnel were subjected to numerous ground,
mortar, and rocket attacks by the enemy.  MACV advisors, to whom they were
attached, earned and received the CIB and he, in effect, should also have
been awarded the CIB.

8.  The applicant states that, while he was a classified material courier,
flying with the 54th Aviation, he should have been eligible for award of
the Air Medal.

9.  The applicant also states that, during his last night with MACV Team
37, the MACV quarters underwent a booby-trap explosion and several
personnel were wounded.  He assisted with the wounded and was told the
following morning that he was being recommended for an award.  He never
received an award.

10.  The applicant provides relief from attachment orders dated 10 August
1969; a letter of commendation dated 29 August 1961 with a first
endorsement dated   8 September 1961 to the applicant; a letter of
commendation dated 27 December 1967; a Soldier of the Year Award, dated
1976; a certificate for a Special Achievement Award dated 9 January 1982;
and a Certificate in Appreciation for 20 Years of Outstanding and Dedicated
Military Service dated November 1987.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on    20 November 1987.  The application submitted in this case is dated 28
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 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 requested correction of his records to show award of the
BSM, the Air Medal, and two awards of the ARCOM.  There are no orders or
other evidence authorizing award of these personal decorations to the
applicant.  In the absence of a proper award authority for this decoration,
the applicant may request award of these personal decorations under the
provisions of section 1130 of Title 10, U. S. Code.  He has been notified
by separate correspondence of the procedures for applying for this
decoration under section 1130 and, as a result, it will not be discussed
further in this Record of Proceedings.

4.  The applicant enlisted in the Regular Army on 22 June 1960.  He
completed basic training and advanced individual training and was awarded
MOS 723.1627 (Communications Center Specialist).  He was assigned to U. S.
Army Signal Operating Unit (Field), Seckenheim, Germany on 26 November
1960.  He departed Germany on 13 June 1963 and was released from active
duty on        14 June 1963.  His DD Form 214 for this period shows the
Sharpshooter Marksmanship Qualification Badge (Rifle M-14).

5.  By letter dated 29 August 1961, the Commander, U. S. Army Signal
Brigade, Europe sent a letter of commendation to the Commanding Officer, U.
S. Army Signal Service Battalion, Europe for playing a very important role
during the movement of the Battle Group to Berlin.  On 8 September 1961,
the Commander, U. S. Army Signal Service Battalion endorsed this letter to
the applicant expressing his appreciation for the applicant's outstanding
performance of duty during the recent Berlin crisis.  That letter and the
endorsement are filed in his Official Military Personnel File (OMPF).

6.  The applicant reenlisted in the Regular Army on 12 September 1966.

7.  The letter of commendation from the Commanding Officer of the
Communications and Pictorial Services Division, Fort Dix, NJ is filed in
the applicant's OMPF.

8.  The applicant departed for Vietnam on 2 October 1968.  Item 38 of his
DA Form 20 shows he was assigned to Company A, 54th Signal Battalion
(Corps) on 11 October 1968 with a duty MOS of 72B20 and a principal duty
title of Communications Center Specialist.  Item 38 shows he had a change
of duty on 20 October 1968 when his duty MOS changed to 72B40 and his
principal duty title to Crew Chief.  Item 38 shows he had another change of
duty on 21 May 1969 when his principal duty title changed to Cryptographic
Crew Chief.  Item   38 shows he had another change of duty on 7 July 1969
when his principal duty title changed to Shift Supervisor.

9.  On an unknown date, the applicant was attached to MACV Advisory Team
37. He was relieved from attachment to MACV Advisory Team 37 effective
   20 August 1969.

10.  On 26 August 1969, the applicant departed Vietnam after receiving
participation credit for four campaigns.  He was honorably discharged on
         2 September 1969.  His DD Form 214 for the period ending 2
September 1969 shows he was awarded the National Defense Service Medal, the
Vietnam Service Medal, and the Republic of Vietnam Campaign Medal.  This DD
Form 214 was corrected on 7 January 1972 to add the Army Good Conduct
Medal.

11.  The applicant enlisted in the NHARNG on 2 May 1970 and was discharged
on 1 May 1972.  Item 24 (Decorations, Citations, Medals, Badges,
Commendations, and Campaign Ribbons Awarded or Authorized this Period of
Service) of his NGB Form 22 (Report of Separation and Record of Service)
for the period ending 1 May 1972 contains the entry "None."

12.  The applicant reenlisted in the NHARNG on 7 December 1974 and was
honorably discharged on 8 March 1985.  Item 15 (Decorations Medals, Badges,
Commendations, Citations, and Campaign Ribbons Awarded this Period, State
Awards may be included) of his NGB Form 22 shows he was awarded the Army
Service Ribbon, the ARCAM (2d award), the Noncommissioned Officer
Professional Development Ribbon (numeral 3), the Overseas Ribbon, the Armed
Forces Reserve Medal, the Sharpshooter Marksmanship Qualification Badge
(Rifle M16A), and the NHARNG Service Bar with 3 arrow clusters.

13.  The applicant immediately reenlisted in the NHARNG on 9 March 1985.
He was honorably discharged on 12 November 1985.  Item 15 of his NGB Form
  22 for the period ending 12 November 1985 contains the entry "None."

14.  The applicant's last NGB Form 22 shows he reenlisted on 29 October
1985 (sic) and was discharged on 20 November 1987 for transfer to the
Retired Reserve.  Item 15 (the statement "Awarded this Period" was deleted)
of his NGB Form 22 for the period ending 20 November 1987 shows he was
awarded the National Defense Service Medal, the Vietnam Service Medal, the
Republic of Vietnam Campaign Medal, the Army Service Ribbon, the Overseas
Service Ribbon, the Army Reserve Components Overseas Training Ribbon
(ARCOTR), the Noncommissioned Officer Professional Development Ribbon
(numeral 3), the Army Reserve Components Achievement Medal with oak leaf
cluster, the Republic of Vietnam Gallantry Cross with Palm, the Armed
Forces Reserve Medal, the NHARNG Service Bar with 3 arrow clusters, and the
Sharpshooter Marksmanship Qualification Badge (Rifle M16A1).

15.  Item 27 (Remarks) of the applicant's DA Form 2-1 (Personnel
Qualification Record) shows he was awarded two State awards – the ARNG
Recruiter Badge and the NHARNG Service Bar (3d award).

16.  At the time, Army Regulation 600-200, chapter 9, prescribed
instructions for preparing and maintaining the DA Form 20.  In pertinent
part, it stated that the chapter was applicable to all enlisted personnel
on active duty and all Army Reserve enlisted personnel assigned to U. S.
Army Reserve troop program units.

17.  Army Regulation 635-5 prescribes the separation documents prepared for
soldiers upon retirement, discharge, or release from active military
service or control of the Army.  It establishes standardized policy for the
preparation of the DD Form 214.  In pertinent part it states that the DD
Form 214 is a synopsis of the soldier’s most recent period of continuous
active duty.  It provides a brief, clear-cut record of active Army service
at the time of release from active duty, retirement or discharge.

18.  National Guard Regulation 600-200 provides policies and procedures on
enlisted separations.  Table 8-2 establishes standardized policy for the
preparation of the NGB Form 22.  It states that the entry for item 15 will
be taken from the DA Form 2-1, Federal awards from item 9 and State awards
from item 27.

19.  Army Regulation 600-8-104 (Military Personnel Information
Management/Records) provides instructions for recording entries on the DA
Form 2-1.  For item 9 (Awards, Decorations, and Campaigns), it states that
all decorations, service medals, service ribbons, badges, oak leaf
clusters, numeral devices, oversea service bars, and citations (including
unit citations), U. S. and foreign that individual was authorized will be
entered.  Letters of commendation and certificates of achievement are not
authorized for entry.  For item                 27 (Remarks), it states
that the custodian of the record will enter ARNG/State awards in the lower
half of this section.

20.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  In pertinent part, it
states that the CIB is awarded to a Soldier who is an infantryman
satisfactorily performing infantry duties, who is assigned to an infantry
unit during such time as the unit is engaged in active ground combat, and
must actively participate in such ground combat.

21.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations)
provided, in pertinent part, for award of the CIB.  Appendix 3 to Annex A
of this regulation listed advisor positions in MACV which were considered
infantry positions and for which award of the CIB was authorized.  It also
listed positions,
such as intelligence advisor and training center advisor among others, that
were not authorized award of the CIB.  Signal positions were not listed as
being authorized award of the CIB.

22.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
AFEM for qualifying service after 1 July 1958 in U.S. military operations,
U.S. operations in direct support of the United Nations, and U.S.
operations of assistance for friendly foreign nations.  Qualifying service
for this award includes the requirements to be a bona fide member in a unit
and to be engaged in the operation or serve in the area of operations for
30 days, be engaged in direct support of the operation for 30 consecutive
or 60 nonconsecutive days provided support involves entering the area of
operations, be engaged in combat, participate as a member of an aircraft
flying in support of the operation, or be recommended or attached to a unit
recommended for award of the medal if the above criteria have not been met.
 The designated military operations and dates of eligibility for this award
are specified in Army Regulation 600-8-22.  Award of the AFEM is authorized
for service in Berlin during the period from 14 August 1961 to 1 June 1963.

23.  Army Regulation 600-8-22 provides for the wear of one bronze service
star on the appropriate service medal for each campaign participation
credit.

24.  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 54th Signal Battalion, 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 by Department of the Army
General Orders Number 54 dated 1974.

25.  Department of the Army Pamphlet 672-3 does not show that Advisory Team
37 received any unit awards.

DISCUSSION AND CONCLUSIONS:

1.  The DA Form 20 was prepared and maintained for Active Army and U. S.
Army Reserve enlisted personnel.  It also appears that the applicant's
duties as a classified material courier during the month of June 1969 and
as a trainer of radio-teletype operators in July 1969 were short-term
additional duties and not his principal duties.  As the applicant no longer
has a military status, the Board is reluctant to recommend that those
records be changed. The DD Form 214 is the document used to record the
military history of a separated individual.

2.  The available evidence of record does not show that the applicant was
assigned to or served in Berlin during the Berlin Crisis.  The Board
recognizes the contributions he made to the military mission during the
Berlin Crisis; however, it appears he does not meet the eligibility
criteria for award of the AFEM.

3.  The applicant's contentions concerning MACV advisors receiving the CIB
are noted.  However, not all MACV advisors were eligible for award of the
CIB.  Signal advisors were not listed in the pertinent regulation as being
eligible for award of the CIB.  Therefore, there is no basis in equity for
showing that he was awarded the CIB.

4.  The applicant did, however, meet the eligibility criteria for wear of
four bronze service stars on the Vietnam Service Medal and he was assigned
to a unit during a period of time that unit was awarded the Republic of
Vietnam Gallantry Cross with Palm Unit Citation.  These awards should be
added to his DD Form 214 for the period ending 2 September 1969.

5.  The regulatory instructions for completion of item 15 of the NGB Form
22 is to take the information from the DA Form 2-1, Federal awards from
item 9 (letters of commendation and certificates of achievement not
authorized to be recorded in item 9) and State awards from item 27.

6.  Item 27 of the applicant's DA Form 2-1 shows he was awarded the ARNG
Recruiter Badge and the NHARNG Service Bar (3d award).  Item 15 of his NGB
Form 22 for the period ending 20 November 1987 already shows he was awarded
the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the
NHARNG Service Bar; however, the Vietnam Service Medal with four bronze
service stars and the ARNG Recruiter Badge should be added.

7.  The ARCAM is already listed on the applicant's NGB Form 22 for the
period ending 20 November 1987.

8.  Item 27 of the applicant's DA Form 2-1 does not show that he was given
any award for Soldier of the Year and since being chosen as Battery Soldier
of the Year and Battalion Soldier of the Year were not "awards," that
information is not an authorized entry on the NGB Form 22.  Also, an entry
to reflect his contributions and dedicated service to his NHARNG unit is
not authorized for entry on the NBG Form 22.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__alr___  __reb___  __rr____  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 state Army National Guard
records and the Department of the Army records of the individual concerned
be corrected, as appropriate, by:

     a.  amending his DD Form 214 for the period ending 2 September 1969 to
add the Republic of Vietnam Gallantry Cross with Palm Unit Citation and to
show he is authorized to wear four bronze service stars on the Vietnam
Service Medal; and

     b.  amending his NGB Form 22 for the period ending 20 November 1987 to
add the ARNG Recruiter Badge and to show he is authorized to wear four
bronze service stars on the Vietnam Service Medal.

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
correcting item 38 of his DA Form 20, to showing he was awarded the Armed
Forces Expeditionary Medal or the Combat Infantryman Badge, and to adding
Battery Soldier of the Year and Battalion Soldier of the Year and an entry
to reflect his contributions and dedicated service to his NHARNG unit to
his NGB Form 22.




            ___Allen L. Raub_____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040003727                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050324                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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