RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        21 July 2005
      DOCKET NUMBER:  AR20040011418


      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. John Infante                  |     |Chairperson          |
|     |Mr. Robert J. Osborn II           |     |Member               |
|     |Ms. Brenda K. Koch                |     |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) by adding four bronze
service stars to his Vietnam Service Medal, two additional Overseas Service
Bars, the Device (1960) to the Republic of Vietnam Campaign Medal, and the
Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  The applicant states, in effect, that he met the criteria for the above
awards, decorations, and device but they were not on his DD Form 214.

3.  The applicant provides a DD Form 214 with an ending date of 17 May
1969.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 17 May 1969.  The application submitted in this case is dated 9
December 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 enlisted in the Regular Army on 10 June 1966 and
successfully completed basic training and advanced individual training.  He
was awarded military occupational specialty 62E (Construction Machine
Operator).

4.  The applicant arrived in U.S. Army Europe and was assigned to A
Company, 9th Engineer Battalion on 8 November 1966 until 14 April 1968.  He
was reassigned to Vietnam and was assigned to the 137th Engineer Company on
23 May 1968.  He departed Vietnam on or about 12 May 1969 after being
credited with participating in four campaigns.

5.  The applicant was honorably separated from active duty on 17 May 1969
and transferred to the United States Army Reserve.



6.  The applicant's DD Form 214 shows he was awarded the National Defense
Service Medal, the Army Commendation Medal, the Army Good Conduct Medal,
the Republic of Vietnam Campaign Medal, the Vietnam Service Medal, the
Marksman Marksmanship Qualification Badge (M-14), and two Overseas Service
Bars.  Item 12c (Foreign and/or Sea Service) shows the entry 2 years, 5
months, 8 days.

7.  Department of the Army General Orders Number 8, 1974, announced award
of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to
Headquarters, U. S. Military Assistance Command and its subordinate units
during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.
S. Army Vietnam and its subordinate units during the period 20 July 1965 to
28 March 1973.

8.  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 (a silver star is worn
instead of five bronze stars).

9.  Army Regulation 670-1 prescribes the authorization for wear of uniforms
and prescribes the awards, insignia and accouterments authorized for wear
on the uniform.  In pertinent part it states, in effect, an Overseas
Service Bar is warn to recognize wartime service.  One overseas service bar
is authorized for each period of 6 months active Federal service as a
member of a U. S. Service in Vietnam from 1 July 1958 to 28 March 1973. 
Both the month of arrival in Vietnam and the month of departure from
Vietnam will count as a whole month for credit toward the Overseas Service
Bar.

10.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Vietnam Campaign Medal with Device (1960).  This medal was awarded by the
Government of Vietnam to all members of the Armed Forces of the United
States for qualifying service in Vietnam during the period 1 March 1961
through 28 March 1973.  Qualifying service included assignment in Vietnam
for 6 months or more.  Qualifying service outside the geographical limits
of the Republic of Vietnam required the individual to provide direct combat
support to the Republic of Vietnam and Armed Forces.  Individuals who had
qualified for award of the Vietnam Service Medal or the Armed Forces
Expeditionary Medal and were evacuated prior to completing six months of
service due to wounds resulting from hostile action were entitled to award
of the Vietnam Campaign Medal.





DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms that the applicant served in Vietnam
and so he is eligible for award of the Republic of Vietnam Gallantry Cross
with Palm Unit Citation.  His participation in four campaigns which
entitles him to four bronze service stars to be worn on his Vietnam Service
Medal.  Therefore, his DD Form 214 should be amended to add these awards.

2.  Evidence of record shows that the applicant was awarded the Republic of
Vietnam Campaign Medal with Device (1960).

3.  The applicant's records verify that he served one tour in Vietnam (12
months) and one tour in Europe (17 months).  Even though his DD 214 shows
2 years, 5 months, 8 days for Foreign Service, Army Regulation 670-1 states
that one overseas service bar is authorized for each period of 6 months
active Federal service as a member of a U. S. Service in Vietnam from 1
July 1958 to 28 March 1973.  Therefore, the entry on his DD Form 214 that
shows two Overseas Service Bars is correct. 

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 17 May 1969; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 16 May 1972.  The applicant did not 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 file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__ JI ____  __ RJO _  __BKK      GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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:
      a.  deleting the Republic of Vietnam Campaign Medal on the
applicant's DD Form 214; and

      b.  amending his DD Form 214 to show award of the Republic of Vietnam
Campaign Medal with Device (1960), the Republic of Vietnam Gallantry Cross
with Palm Unit Citation and four bronze service star to be worn on his
Vietnam Service Medal.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
four Overseas Service Bars.




                            ___ Mr. John Infante ____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040011418                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |21 July 2004                            |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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