RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          11 August 2005
      DOCKET NUMBER:  AR20040009770


      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. Richard P. Nelson             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Ms. Deborah Jacobs                |     |Member               |
|     |Mr. Michael J. Flynn              |     |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 reconsideration of his previously denied appeal
for award of the Purple Heart.  In addition, the applicant requests award
of the Presidential Unit Citation.

2.  The applicant states that he was wounded on 21 August 1968 during a
firefight in the Republic of Vietnam.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge) and a Department of Veterans
Affairs Rating Decision, dated 8 March 1999, granting him service
connection for a scar, shell fragment wound, middle third of right upper
arm with retained foreign body with evaluation of 0 percent effective 27
February 1984.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number
AR1999026992, on 3 May 2000.  Army Regulation 15-185 sets forth procedures
for processing requests for correction of military records.  A recent court
decision ordered the deletion of paragraph 2-15b which applies to requests
for reconsideration.  The effect of this court decision now permits an
applicant to request reconsideration of an earlier ABCMR decision if the
request is received within one year of the ABCMR's original decision and it
has not previously been reconsidered.  Such requests must provide new
evidence or arguments that were not considered at the time of the ABCMR's
prior consideration.  Since the applicant’s request was not received within
one year of the ABCMR's original decision, that portion of the request
pertaining to award of the Purple Heart will not be further addressed in
this record of proceedings.

2.  The applicant is requesting correction of an alleged error that
occurred on 5 February 1970.  The application submitted in this case is
dated 3 November 2004.

3.  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.

4.  The applicant’s military records show that he was inducted on 16
February 1968 and completed training in Military Occupational Specialty
11B10 (Light Weapons Infantryman).  He was then assigned to Vietnam where
he served from 22 July to 6 December 1968 with Company C, 1st Battalion,
5th Infantry Division, and from 6 January to 9 April 1969 with Company C,
87th Infantry.  The applicant returned to Fort Knox, Kentucky where he
completed his service obligation and was honorably separated from active
duty in pay grade E-4 on 5 February 1970.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214
shows that he is entitled to the following decorations: the Vietnam Service
Medal, the National Defense Service Medal; the Vietnam Campaign Medal, the
Combat Infantryman Badge, and, the Expert Marksmanship Badge with Rifle
Bar.  No other awards or decorations are listed.

6.  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, was cited for award of the following awards:

      a. the Presidential Unit Citation for the period 18 August to 20
September 1968 by Department of the Army General Orders Number 82, dated
1969;


      b. the Republic of Vietnam Gallantry Cross Unit Citation with Palm for
the period January 1966 to August 1968 by Department of the Army General
Orders Number 48, dated 1971; and,


      c. the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation for the period 1 January 1966 to 21 July 1970 by Department of the
Army General Orders Number 9, dated 1979, which amended Department of the
Army General Orders Number 51, dated 1971.


7.  Army Regulation 600-8-22 (Military Awards), in pertinent part,
authorizes 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.  The appendix shows
that the applicant is entitled to wear one bronze service star for each the
following Vietnam campaigns: Vietnam Counteroffensive Phase V; Vietnam
Counteroffensive Phase VI; and, Tet 69 Counteroffensive.

DISCUSSION AND CONCLUSIONS:

1.  General Orders show that the applicant is entitled to the Presidential
Unit Citation.  Therefore, he is entitled to correction of his records to
show this unit award.

2.  General Orders show that the applicant is entitled to the Republic of
Vietnam Gallantry Cross Unit Citation with Palm.  Therefore, he is entitled
to correction of his records to show this unit award.

3.  General Orders show that the applicant is entitled to the Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he
is entitled to correction of his records to show this unit award.

4.  Evidence of record shows that the applicant received the Vietnam
Service Medal and participated in three campaigns.  As a result, he is
entitled to award of three bronze service stars, to be affixed to the
Vietnam Service Medal, and correction of his records to show these
appurtenances.

BOARD VOTE:

____dj___  ____jns__  ___mjf__  GRANT 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:

      a. the Presidential Unit Citation;
      b. the Republic of Vietnam Gallantry Cross Unit Citation with Palm;


      c. the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation; and,

      d. three bronze service stars, to be affixed to the Vietnam Service
Medal.




              __   John N. Slone________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040009770                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050811                                |
|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.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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