RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           9 June 2005
      DOCKET NUMBER:  AR20040006683


      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. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Mr. Lester Echols                 |     |Member               |
|     |Ms. Carol A. Kornhoff             |     |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 record be corrected by
adding the Republic of Vietnam (RVN) Wound Medal, RVN Gallantry Cross with
Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation
and
Expert Qualification Badge with Machine Gun Bar.

2.  The applicant states, in effect, that the awards in question were
omitted from the list of awards on his separation document (DD Form 214)
either through omission or because they were awarded subsequent to this
separation.

3.  The applicant provides the following documents in support of his
application:  DD Form 214, Unit Listing of Awards, Internet Document on RVN
Wound Medal, and Expert Qualification Badge with Machine Gun Bar Orders.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 18 March 1967.  The application submitted in this case is
dated
24 August 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’s record shows that he was inducted into the Army and
entered active duty on 7 June 1965.  He was trained in, awarded and served
in military occupational specialty (MOS) 11B (Infantryman), and the highest
rank he attained while serving on active duty was specialist four (SP4).

4.  The applicant’s Enlisted Qualification Record (DA Form 20) shows that
he served in the RVN from 16 April 1966 through 17 March 1967.  During his
RVN tour, he was assigned to Company B, 4th Battalion, 9th Infantry
Regiment, performing duties in MOS 11B.  Item 40 (Wounds) shows that he
received a shrapnel wound to his left shoulder on 25 May 1966.

5.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20 shows
that during his active duty tenure, he earned the National Defense Service
Medal (NDSM), Vietnam Service Medal (VSM), Combat Infantryman Badge (CIB),
Purple Heart (PH), RVN Campaign Medal, Driver and Mechanic Badge with
Driver W-Bar, Army Good Conduct Medal (AGCM), and Sharpshooter
Qualification Badge with Rifle Bar.

6.  On 18 March 1967, the applicant was honorably separated after
completing
1 year, 9 months and 12 days of active military service.  The DD Form 214
he was issued at the time confirms he earned the following awards during
his active duty tenure:  Bronze Star Medal (BSM), NDSM, VSM, CIB, PH, AGCM,

RVN Campaign Medal, Driver and Mechanic Badge with Driver W-Bar, and
Sharpshooter Qualification Badge with Rifle Bar.

7.  The applicant provides a copy of Headquarters, 25th Infantry Division
Special Orders Number 82, dated 1 April 1966, which awarded him the Expert
Qualification Badge with Machine Gun Bar.

8.  The applicant also provides a copy of an Internet form from a company
called Express Citations.  This sheet indicates that the government of the
RVN issued a RVN Wound Medal that was awarded to members of the United
States Military Forces who received the PH.

9.  Army Regulation 600-8-22 (Military Awards) contains the Army’s awards
policy.  Paragraph 2-13 contains guidance on the VSM.  It states, in
pertinent part, that a bronze service star is authorized with this award
for each campaign a member is credited with participating in while serving
in the RVN.  Table B-1 contains a list of campaigns and it shows that
during the applicant’s tenure of assignment in the RVN, he was credited
with participating in the Vietnam Counteroffensive Phase I and Vietnam
Counteroffensive Phase II campaigns.

10.  Chapter 9 of the awards regulation outlines the policies pertaining to
the eligibility of individuals to accept or wear foreign decorations and
badges tendered by foreign governments.  It also contains a list of
approved foreign awards.  The RVN Wound Medal is not included in this list
of authorized foreign awards.
11.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register) establishes the eligibility of individual members for campaign
participation credit, assault landing credit, and unit citation badges
awarded during the Vietnam Conflict.  It confirms that during his tenure of
assignment in the RVN, the applicant’s unit (4th Battalion, 9th Infantry
Regiment) earned the RVN Gallantry Cross with Palm Unit Citation and RVN
Civil Actions Honor Medal First Class Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that the RVN Wound Medal should be added to
his record and separation document was carefully considered.  However, by
regulation, in order for a member to accept a foreign award, it must be
approved by proper authority.  The award in question is not included in the
list of approved foreign awards contained in the governing regulation.
Therefore, there is an insufficient evidentiary basis to support granting
this requested relief.

2.  Records show the applicant should have discovered the alleged error or
injustice related to the RVN Wound Medal now under consideration on 18
March 1967.  Therefore, the time for him to file a request for correction
of any error or injustice expired on 17 March 1970.  However, he failed to
file within the 3-year statute of limitations and has not provided a
compelling explanation or evidence to show that it would be in the interest
of justice to excuse failure to timely file in this case.

3.  The evidence of record does confirms that based on his service and
campaign participation in the RVN, he is entitled to the RVN Gallantry
Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class
Unit Citation and
2 bronze service stars with his VSM.  Further, his record contains orders
confirming his entitlement to the Expert Qualification Badge with Machine
Gun Bar.  The omission of these awards from his separation document is an
administrative matter that does not require Board action.  Therefore,
administrative correction of his records will be accomplished by the Case
Management Support Division (CMSD), St. Louis, Missouri, as outlined by the
Board in paragraph 3 of the BOARD DETERMINATION/RECOMMENDATION section
below.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___MHM_  ___LE __  ___CAK _  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice related to award of the
Republic of Vietnam Wound Medal.  Therefore, the Board determined that the
overall merits of this case are insufficient as a basis for correction of
the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application on this issue
within the 3-year statute of limitations prescribed by law.  Therefore,
there is insufficient basis to waive the statute of limitations for timely
filing or for correction of the records of the individual concerned.

3.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests the CMSD-St.
Louis administratively correct the records of the individual concerned to
show his entitlement to the the Republic of Vietnam Gallantry Cross with
Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First
Class Unit Citation, 2 bronze service stars with his Vietnam Service Medal
and the Expert Qualification Badge with Machine Gun Bar; and by providing
him a corrected separation document that includes these awards.




            ____Melvin H. Meyer_____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040006683                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/06/09                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1967/03/17                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |OS Rtn                                  |
|BOARD DECISION          |DENY w Adm Note                         |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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