RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           3 August 2004
      DOCKET NUMBER:   AR2004100555


      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             |
|     |Ms. Wanda L. Waller               |     |Analyst              |


  The following members, a quorum, were present:

|     |Mr. Fred Eichorn                  |     |Chairperson          |
|     |Ms. Gail Wire                     |     |Member               |
|     |Mr. John Meixell                  |     |Member               |

      The applicant and counsel if any, did not appear before the Board.

      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, in effect, that his DD Form 214 (Report of
Transfer or Discharge) be corrected to show awards for his service in
Vietnam.

2.  The applicant states that Vietnam awards were omitted from his DD Form
214.

3.  The applicant provides a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
20 December 1969.  The application submitted in this case is dated 24
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 enlisted on 4 June 1963 for a period of 3 years.  He
successfully completed basic training, advanced individual training and
basic airborne training in military occupational specialty (MOS) 111.00
(infantryman).  He served in Okinawa from 18 November 1963 through 30 May
1965.  He was assigned to Company C, 1st Battalion (Airborne), 503rd
Infantry in Vietnam from 31 May 1965 until approximately 4 August 1965.  He
was honorably discharged for immediate reenlistment on 16 January 1966.

4.  The applicant's DD Form 214 for the period ending 16 January 1966 shows
the Armed Forces Expeditionary Medal for service in Vietnam as an
authorized award.

5.  The applicant reenlisted on 17 January 1966 for a period of 4 years.
He served in Germany from 29 January 1968 until he was honorably discharged
on 20 December 1969.





6.  The applicant's DD Form 214 for the period ending 20 December 1969
shows the Armed Forces Expeditionary Medal for service in Vietnam as an
authorized award.

7.  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 applicant's unit was cited for
award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation
based on Department of the Army General Orders Number 51, dated 1971.

8.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Vietnam Campaign Medal.  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.

9.  Paragraph 2-13d of Army Regulation 600-8-22 (Military Awards) provides
that individuals qualified for the Armed Forces Expeditionary Medal for
reason of service in Vietnam from 1 July 1958 to 3 July 1965 (inclusive)
shall remain qualified for that medal. Upon request, an individual may be
awarded the Vietnam Service Medal in lieu of the Armed Forces Expeditionary
Medal, but the regulation requires that the Armed Forces Expeditionary
Medal be removed from the records of the individual.  No person will be
entitled to both awards for Vietnam Service.

10.  On 17 June 2004, the applicant was notified by separate correspondence
that he could request award of the Vietnam Service Medal in lieu of the
Armed Forces Expeditionary Medal.  To date, he has not responded.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's unit received the Republic of Vietnam Gallantry Cross
with Palm Unit Citation while he was assigned to it in Vietnam.

2.  The applicant received the Armed Forces Expeditionary Medal in
recognition of his service in Vietnam from 31 May 1965 to approximately 4
August 1965.









3.  The applicant did not serve a period of qualifying service for award of
the Vietnam Campaign Medal.

BOARD VOTE:

FE_____  GW_____  JM______  GRANT 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 amending his DD Form
214 for the period ending
20 December 1969 to show that he was awarded the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.

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
any other award for service in Vietnam.




            __Fred Eichorn________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004100555                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040803                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |