RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 July 2005
      DOCKET NUMBER:  AR20040010667


      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:

|     |Mr. Ted S. Kanamine               |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Lawrence Foster               |     |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 three bronze
service stars with his Vietnam Service Medal, the Republic of Vietnam
Gallantry Cross with/Palm Unit Citation, the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation and any other awards and
decorations to which he is entitled.

2.  The applicant states, in effect, that some of his awards were left off
his DD Form 214 upon his departure from Vietnam.

3.  The applicant provides a DD Form 214 with an ending date of 4 July 1968
and a DA Form 20 (Enlisted Qualification Record).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 4 July 1968.  The application submitted in this case is dated
22 November 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 in the Army on 12 August 1966 and
successfully completed basic training and advanced individual training.  He
was awarded military occupational specialty 11B (Light Weapons
Infantryman).

4.  The applicant arrived in Vietnam and was assigned to D Company, 1st
Battalion, 16th Infantry on 23 August 1967 to 20 April 1968.  He was
reassigned to C Company, 1st Battalion, 16th Infantry on 21 April 1968 to
30 June 1968.  He departed Vietnam on or about 1 July 1968 after being
credited with participating in three campaigns.

5.  The applicant was released from active duty on 4 July 1968 and assigned
to the U.S. Army Reserve Control Group.

6.  The applicant's DD Form 214 shows he was awarded the National Defense
Service Medal, the Purple Heart, the Vietnam Service Medal, the Combat
Infantryman Badge, and the Vietnam Campaign Medal.

7.  Department of the Army, Headquarters, 1st Infantry Division General
Orders Number 6461, dated 4 July 1968, awarded the applicant the Army Good
Conduct Medal for the period 12 August 1966 to date of separation on or
about 8 July 1968.

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 the 1st Battalion, 16th Infantry, it was cited
for award of the Republic of Vietnam Civil Actions Honor Medal First Class
Unit Citation for the period October 1965 through 7 April 1970 based on
Headquarters, Department of the Army General Orders Number 53, dated 1970.

9.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant’s assignment to the 1st Battalion, 16th Infantry, it was cited
for award of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation for the period 12 July 1965 through 16 October 1968 based on
Headquarters, Department of the Army General Orders Number 21, dated 1969.

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.

DISCUSSION AND CONCLUSIONS:

The evidence of record shows that the applicant was awarded the Army Good
Conduct Medal (First Award).  He was assigned to a unit during a period
that units were awarded the Republic of Vietnam Civil Actions Honor Medal
First Class Unit Citation and the Republic of Vietnam Gallantry Cross with
Palm Unit Citation.  His participation in three campaigns entitles him to
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:

__ TSK  _  __ JTM  _  __ LF ___  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 Army Good Conduct
Medal (First Award), the Republic of Vietnam Gallantry Cross with Palm Unit
Citation, the Republic of Vietnam Civil Actions Honor Medal First Class
Unit Citation, and three bronze service stars to be worn on his Vietnam
Service Medal.




                                  _ Mr. Ted S. Kanamine __
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040010667                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |19 July 2005                            |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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