RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        09 AUGUST 2005
      DOCKET NUMBER:  AR20040009627


      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:

|     |Ms. Barbara Ellis                 |     |Chairperson          |
|     |Mr. Kenneth Wright                |     |Member               |
|     |Mr. Patrick McGann                |     |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 award of the Republic of Vietnam
Gallantry Cross Unit Citation with Palm and the Korea Defense Service
Medal.

2.  The applicant states he was not awarded those medals.

3.  The applicant provides a copy of his 26 December 1974 DD Form 214
(Certificate of Release or Discharge from Active Duty).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 26 December 1974.  The application submitted in this case
is dated 18 October 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 was inducted into the Army on 3 July 1969, trained as an
infantryman, and in January 1970 was assigned to Company D, 1st Battalion,
  7th Cavalry, in Vietnam.  The applicant was awarded the Combat
Infantryman Badge, and the Army Commendation Medal with “V” device for his
heroism on   16 May 1970.  He was wounded in action on that date and in
late June 1970 was evacuated to Camp Zama, Japan, and subsequently to the
United States.  He completed his active duty military service obligation
and on 2 July 1971 he was released from active duty with an honorable
characterization of service.  The applicant’s DD Form 214 reflects award of
the Army Commendation Medal, but does not show that the award was for
valor, i.e., Army Commendation Medal with “V” device.

4.  The 1st Battalion, 7th Cavalry 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 while the applicant was assigned to that organization.

5.  On 18 May 1972 the applicant enlisted in the Army for 3 years.  He
served in Korea from July 1972 until August 1973, served one month in
Panama in September/October 1973, and was AWOL (absent without leave)
during numerous periods in 1973 and 1974.  He received punishment under
Article 15, Uniform Code of Military Justice and was court-martialed.
Eventually, on           26 December 1974, he was discharged from the Army
under the provisions of Army Regulation 635-200, chapter 10, voluntary
request for discharge in lieu of trial by court-martial.  He received an
undesirable discharge.  On 13 January 1982 his discharge was upgraded by
the Army Discharge Review Board to “Under Honorable Conditions.”  His DD
Form 214 shows award of the Army Commendation Medal, but not with “V”
device.

6.  Army Human Resources Command Message (Date Time Group 9 February 2004)
published implementing instructions for award of the Korea Defense Service
Medal.  This message specified criteria for the award of the Korea Defense
Service Medal as follows:  a) service members of the armed forces must have
served in support of the defense of the Republic of Korea from 28 July 1954
through a future date to be determined by the Secretary of Defense;  b) the
area of eligibility encompasses all land area of the Republic of Korea, and
the contiguous water out to 12 nautical miles, and all air spaces above the
land and water areas;  c) service members must have been mobilized with
units or assigned or attached to units operating in the area of eligibility
and have been physically deployed in the area of eligibility for 30
consecutive or 60 non-consecutive days.

DISCUSSION AND CONCLUSIONS:

1.  The applicant is entitled to award of the Republic of Vietnam Gallantry
Cross Unit Citation with Palm and the Korea Defense Service Medal.  He is
also entitled to award of the Valorous Unit Award and the Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation.

2.  The applicant was awarded the Army Commendation Medal with “V” device.
His 26 December 1974 DD Form 214 should be corrected to show that award.

BOARD VOTE:

___BE __  ___KW __  ___PM__  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 Unit Citation with Palm, Korea Defense Service
Medal, Valorous Unit Award, Republic of Vietnam Civil Actions Honor Medal
First Class Unit Citation, and the Army Commendation Medal with “V” device.
 The applicant’s                 26 December 1974 DD Form 214 should then
be corrected to delete award of the Army Commendation Medal.




                            ______Barbara Ellis_________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040009627                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050809                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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