RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        30 June 2005
      DOCKET NUMBER:  AR20040007382


      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. Michael J. Fowler             |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Melinda M. Darby              |     |Chairperson          |
|     |Mr. Thomas E. O’shaughnessy Jr.   |     |Member               |
|     |Ms. Yolanda Maldonado             |     |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 DD Form 214 (Armed Forces of
the United States Report of Transfer or Discharge) to show active duty
service in Vietnam and all his awards and decorations.

2.  The applicant makes no additional statement.

3.  The applicant provides a DD Form 214 with an ending date of 28 April
1970 and copies of his General Court-Martial proceedings.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 28 April 1970.  The application submitted in this case is dated
3 September 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 military records are not available to the Board.  This
case is being considered using reconstructed records, which primarily
consist of proceedings from his general court-martial.

4.  The applicant entered the Regular Army on 22 April 1965 and
successfully completed basic training and advanced individual training.  He
arrived in Vietnam and was assigned to B Company, 1st Battalion, 503rd
Infantry on or about August 1965 to on or about April 1966.  He was
reassigned to a patient Holding Detachment on or about April 1966 to on or
about June 1966.  He was reassigned to the 173rd Adjutant General
Replacement Detachment on or about June 1966 to on or about July 1966.  The
applicant departed Vietnam on emergency leave on or about July 1966 after
being credited with participating in three campaigns.




5.  Records show that the applicant was convicted by a general court-
martial of being absent without leave for the period 21 July 1966 through
14 December 1967.  His general court-martial proceedings revealed that a
review of his records by the Staff Judge Advocate at that time showed he
was authorized to wear the Parachutist Badge, the Combat Infantryman Badge,
the Vietnam Service Medal, the Presidential Unit Citation, the Vietnam
Campaign Medal, the National Defense Service Medal, the Expert Marksmanship
Qualification Badge (M-14), the Expert Marksmanship Qualification Badge (M-
16) and the Expert Marksmanship Qualification Badge (M-60).

6.  The applicant was released from active duty on 28 April 1970 and
assigned to the U.S. Army Reserve Control Group (Reinforcement).

7.  The applicant's DD Form 214 shows he was awarded the National Defense
Service Medal.  Item 22c (Foreign and/or Sea Service) shows "0" years, "0"
months, and "0" days.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) list the unit awards received by units
serving in Vietnam.  This document shows that, at the time of the
applicant’s assignment to B Company, 1st Battalion, 503rd Infantry, it was
cited for award of the Meritorious Unit Commendation for the period 5 May
1965 through 4 May 1967 based on Headquarters, Department of the Army
General Orders Number 55, dated 1968.

9.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant’s assignment to B Company, 1st Battalion, 503rd Infantry, it was
cited for award of the Republic of Vietnam Gallantry Cross with/Palm Unit
Citation for the period 5 May 1965 through 26 September 1970 based on
Headquarters, Department of the Army General Orders Number 51, dated 1971.

10.  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.

11.  Army Regulation 635-5 (Separation Documents) in effect at the time
stated that the last overseas theater would be entered in item 22c of the
DD Form 214.






DISCUSSION AND CONCLUSIONS:

1.  The evidence of record from the applicant's court-martial proceedings
confirms that he served in Vietnam from August 1965 through April 1966.
Therefore, his DD Form 214 should be amended to add "0" years, "9" months,
and "0" days of item 22c Foreign and/or Sea Service and to show he served
in U.S. Army Vietnam (USARV).

2.  The Staff Judge Advocate review is accepted as sufficient evidence to
show that the applicant is authorized award of the Parachutist Badge, the
Combat Infantryman Badge, the Vietnam Service Medal, the Presidential Unit
Citation, the Republic of Vietnam Campaign Medal with device 1960, the
National Defense Service Medal, the Expert Marksmanship Qualification Badge
(M-14), the Expert Marksmanship Qualification Badge (M-16) and the Expert
Marksmanship Qualification Badge (M-60).

3.  The applicant was assigned to a unit during a period of time that unit
was also awarded the Meritorious Unit Commendation and the Republic of
Vietnam Gallantry Cross with Palm Unit Citation.  He is authorized three
bronze service stars to be worn on his Vietnam Service Medal.  Therefore,
his DD Form 214 should be amended to add these awards.

BOARD VOTE:

_ MMD __  __ TEO _  __YM ___  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 "0" years, "9" months, "0"
days and "USARV" in item 22c of his DD Form 214 and showing award of the
Parachutist Badge, the Combat Infantryman Badge, the Vietnam Service Medal
with three bronze service stars, the Presidential Unit Citation, the
Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with
Palm Unit Citation, the Republic of Vietnam Campaign Medal with device
1960, the National Defense Service Medal, the Expert Marksmanship
Qualification Badge (M-14), the Expert Marksmanship Qualification Badge (M-
16), and the Expert Marksmanship Qualification Badge (M-60).




                            __ Ms. Melinda M. Darby __
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040007382                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |30 June 2005                            |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |Mr. Schneider                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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