RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          3 August 2004
      DOCKET NUMBER:  AR2004100158


      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. Jessie B. Strickland          |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Fred Eichorn                  |     |Chairperson          |
|     |Ms. Gail J. Wire                  |     |Member               |
|     |Mr. John T. Meixell               |     |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 that his report of separation (DD Form 214) be
corrected to reflect that his military occupational specialty (MOS) was
that of a courier and that it reflect the Air Medal (AM) that he was
awarded.

2.  The applicant states that he served as a courier in Vietnam and was
awarded an AM that was not reflected on his DD Form 214.  He further states
that he was not a clerk typist and that he had a Secret security clearance
and served as a courier with II Corps Headquarters, Military Assistance
Command – Vietnam (MACV).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 28 December 1969.  The application submitted in this case is
dated 10 October 2003.

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 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.

3.  The applicant's records, though somewhat incomplete, show that he was
inducted in Jacksonville, Florida, on 28 May 1968.

4.  Although his records do not show when he was transferred to Vietnam,
they show that he was assigned to Advisory Team, II, MACV, and that he was
granted a Secret security clearance on 17 June 1969.  He was advanced to
the pay grade of E-4 on 27 July 1969.

5.  On 28 December 1969, he was transferred to Oakland Army Base,
California, where he was honorably released from active duty as an overseas
returnee.  He had served 1 year, 7 months and 1 day of total active service
and his DD Form 214 shows that his MOS was that of a clerk typist – 71B20.
It also reflects that he attended an 8-week clerk typist course in 1968.

6.  The applicant's awards included the National Defense Service Medal, the
Vietnam Service Medal and the Republic of Vietnam Campaign Medal.  There is
no evidence that he was ever awarded the AM.

7.  Army Regulation 611-201, provides the authorized MOS classification and
structure for enlisted personnel.  The regulation in effect at the time as
well as the regulation currently in effect, contains no MOS listing for a
"Courier."

8.  Army Regulation 635-5 serves as the authority for the preparation of
the DD Form 214.  It provides, in pertinent part, that only those
specialties that have been awarded in accordance with Army Regulation 611-
201 and that have been held for at least 1 year, are authorized for entry
on the DD Form 214.  At the time the applicant served, the regulation in
effect at the time provided that only the primary MOS (PMOS) would be
entered in block 23a.

9.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register-Vietnam Era) was published to assist commanders and personnel
officers in determining or establishing the eligibility of individual
members for campaign participation credit, assault landing credit, and unit
citation badges awarded during the Vietnam Conflict.  Table 1 (Army Units
in Numerical Order) of the pamphlet indicates that the applicant’s unit was
subsequently awarded the Republic of Vietnam Gallantry Cross with Palm
(RVNGC w/Palm) Unit Citation  during the period he was assigned to the
unit.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant may have served as a courier in Vietnam, there
was no MOS authorized for duties.  Accordingly, his PMOS was properly
entered on his DD Form 214 in accordance with the applicable regulations in
effect at the time.

2.  The applicant's contention that he was awarded the AM while in Vietnam
has been noted; however, the applicant has not submitted nor do his records
contain any such orders awarding him the AM.  Therefore, absent such
evidence, there is no basis to correct his records to reflect such an
award.

3  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 28 December 1969; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 27 December 1972.  However, 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 timely file in this case.
4.  However, evidence shows that the applicant’s records contain
administrative error which does not require action by the Board.
Therefore, administrative correction of the applicant's records will be
accomplished by the Case Management Support Division (CMSD), St. Louis,
Missouri, as outlined by the Board in paragraph 3 of the BOARD
DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

__fe____  __gjw___  __jtm___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.

3.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned by awarding him the RVNGC w/Palm Unit Citation.

                                  Fred Eichorn
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004100158                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040803                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |                                        |
|ISSUES                  |1021/admin                              |
|1.100.0000              |                                        |
|2.100.0500              |6/mos                                   |
|3.107.0018              |64/am                                   |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]