RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           15 July 2004
      DOCKET NUMBER:  AR2004101622


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Roger W. Able                 |     |Chairperson          |
|     |Mr. James E. Anderholm            |     |Member               |
|     |Ms. Marla J. Troup                |     |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 (Armed Forces
of the United States Report of Transfer or Discharge) be amended to show he
attended dog handler's training and that he is authorized to wear the Navy
Unit Commendation (NUC) and two bronze service stars with the Vietnam
Service Medal.

2.  The applicant states that he was a dog handler attached to an artillery
unit and that fact does not appear on his DD Form 214.  He was told by the
commander of the 716th Military Police (MP) Company that the unit had been
awarded the NUC.  He was told that while with the artillery group he was
entitled to wear two campaign stars.  He believes those ribbons were issued
to him while he was being outprocessed because he wore them for the
remainder of the time he was in the service.

3.  The applicant provides his DD Form 214, a photo of himself at the dog
handler's school, and a certificate of achievement.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 12 October 1967.  The application submitted in this case is
dated 15 November 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 was inducted into the Army on 13 October 1965.  He
completed basic combat training and advanced individual training and was
awarded military occupational specialty 95B (Military Policeman).

4.  Headquarters, U. S. Army School/Training Center, Fort Gordon, GA
Special Orders Number 50 dated 26 February 1966 assigned the applicant to
the 89th Military Police Group, Vietnam with a report date of 17 March
1966.

5.  The applicant arrived in Vietnam and was assigned to Company B, 716th
MP Battalion on 22 March 1966.

6.  Item 38 (Record of Assignments) on the applicant's DA Form 20 (Enlisted
Qualification Record) shows he was reassigned to the 212th MP Company on
13 July 1966 until 16 August 1966.  This is the 5-week time frame during
which he attended the Basic Sentry Dog Handler's Course on Okinawa
(completed on   13 August 1966).

7.  Item 38 of the applicant's DA Form 20 shows he was assigned to Battery
B, 6th Battalion, 56th Artillery from 17 August 1966 through 7 March 1967
and performed duties as a 95B2D (dog handler), security guard.

8.  On 8 March 1967, the applicant departed Vietnam after being credited
with participation in two campaigns.

9.  On 12 October 1967, the applicant was released from active duty.  His
DD Form 214 shows he was awarded the National Defense Service Medal, the
Sharpshooter Marksmanship Qualification Badge (Rifle M-14), the Vietnam
Service Medal, the Republic of Vietnam Campaign Medal with device 1960, two
overseas service bars, and the Army Good Conduct Medal.  It also shows he
completed the Military Policeman Course from 2 January through 3 March
1966.

10.  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 that, at the time of the
applicant's assignment to the 716th MP Battalion, it was cited for award of
the Meritorious Unit Commendation for the period March through December
1966 by Department of the Army General Orders (DAGO) Number 17, dated 1968
and the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation for the period 17 April 1965 through 18 April 1968 on DAGO Number
31 dated 1969.

11.  Department of the Army Pamphlet 672-3 also shows that the 716th MP
Battalion was cited for award of the NUC for the period 19 March 1965
through 15 March 1966 on DAGO Number 32 dated 1973.

12.  DAGO Number 8 dated 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.

13.  Army Regulation 600-8-22 (Military Awards) provides for the wear of
one bronze service star for each credited campaign participation on the
appropriate service medal.

14.  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 that a soldier may
wear a unit award permanently if the individual was assigned to and present
for duty with the unit any time during the period cited or who was attached
by competent orders to  and present for duty with the unit during the
entire period or for at least              30 consecutive days of the
period cited.  A soldier may wear the unit award temporarily if the
individual was not present with the unit during the period cited but was
subsequently assigned to the unit.

DISCUSSION AND CONCLUSIONS:

1.  There is no item on the DD Form 214 to record duty military
occupational specialties.  However, the applicant did attend the Basic
Sentry Dog Handler's Course for a period of five weeks and that training
should be recorded on his DD Form 214.

2.  The evidence of record shows the applicant was assigned to the 1st MP
Group with a reporting date of 17 March 1966 and to the 716th MP Battalion
on 22 March 1966.  The 716th MP Battalion unit was awarded the NUC for a
period ending about one week prior to his arrival in the unit.  He was
authorized to wear this unit award while he was assigned to the unit but is
not authorized to wear it as a permanent award.

3.  The applicant was assigned to the 716th MP Battalion during a period of
time the unit was awarded the Meritorious Unit Commendation and the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.
He is authorized to wear these unit awards on a permanent basis and they
should be added to his DD Form 214.

4.  All units assigned to Vietnam were later awarded the Republic of
Vietnam Gallantry Cross with Palm Unit Citation.  The applicant is
authorized to wear this unit award on a permanent basis and it should be
added to his DD Form 214.

5.  The evidence of record shows the applicant received credit for
participation in two campaigns and so is authorized to wear two bronze
service stars on the Vietnam Service Medal.

BOARD VOTE:

__rwa___  __jea___  __mjt___  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 the DD Form 214 of the
individual concerned be corrected by:

     a.   adding the Meritorious Unit Commendation, the Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation, and the Republic of
Vietnam Gallantry Cross with Palm Unit Citation;

     b.  showing he is authorized to wear two bronze service stars with the
Vietnam Service Medal; and

     c.  showing he completed the Basic Sentry Dog Handler's Course from
      13 July through 13 August 1966.

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
awards of the Navy Unit Commendation and to show the individual concerned
performed duties as a dog handler.




            __Roger W. Able_______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004101622                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040715                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |110.04                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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