RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           14 October 2004
      DOCKET NUMBER:   AR2004102176


      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. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Fred Eichorn                  |     |Chairperson          |
|     |Ms. Linda D. Simmons              |     |Member               |
|     |Mr. Richard T. Dunbar             |     |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, in effect, that the period and dates he served
in the Republic of Vietnam (RVN) be corrected on his record and separation
document (DD Form 214).

2.  The applicant states, in effect, that the wrong dates for his service
in the RVN are entered on his separation document.  He claims the correct
dates of his RVN service are 26 September 1967 through 1 May 1968.  He also
requests that any awards and decorations earned by his unit be added to his
record.

3.  The applicant provides no documentary evidence in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 20 September 1968.  The application submitted in this case
is dated 24 December 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 record shows he was inducted into the Army of the
United States and entered active duty on 22 September 1966.  He was trained
in and awarded military occupational specialty (MOS) 76Y (Supply
Specialist) and the highest rank he attained while serving on active duty
was specialist five (SP5).

4.  The applicant’s Enlisted Qualification Record (DA Form 20) confirms
that the applicant arrived for duty in the RVN on 23 October 1967.  Item 38
(Record of Assignments) shows that he was assigned to Headquarters and
Headquarters Company (HHC), 504th Field Depot, to perform duties as a stock
control specialist and that he served in this position until departing for
the United States on emergency leave on 11 March 1968.
5.  The applicant’s DA Form 20 further shows that on 9 April 1968, he
arrived for duty at Fort Devens, Massachusetts.  The applicant last
reviewed his DA Form 20 on 18 September 1968.

6.  The applicant’s Military Personnel Records Jacket (MPRJ) contains a
copy of Headquarters, United States Army Support Command Cam Ranh Bay, RVN,
Special Orders Number 69, dated 9 March 1968.  These orders authorized the
applicant’s departure from the RVN on emergency leave on or about 9 March
1968.

7.  On 20 September 1968, the applicant was honorably released from active
duty after completing 1 year, 11 months and 29 days of active military
service.  Item 22c (Foreign and/or Sea Service) of this document shows he
completed
4 months and 22 days of service in the RVN.  Item 24 (Decorations, Medals,
Badges, Commendations, Citations and Campaign Ribbons Awarded of
Authorized) shows that he earned the National Defense Service Medal,
Vietnam Service Medal, Army Good Conduct Medal and Expert Qualification
Badge with Rifle Bar during his active duty tenure.  The applicant
authenticated this document with his signature in Item 32 (Signature of
Person Being Transferred or Discharged).

8.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register) establishes the eligibility of individual members for campaign
participation credit, assault landing credit, and unit citation badges
awarded during the Vietnam Conflict.  It confirms that during his tenure of
assignment in the RVN, the applicant’s unit (HHC, 504th Filed Depot)
received the Meritorious Unit Commendation and he was credited with
participating in the Vietnam Counteroffensive Phase III and TET
Counteroffensive campaigns.

9.  Department of the Army General Order Number 8, dated in 1974,
authorized the award of the Republic of Vietnam Gallantry Cross with Palm
Unit Citation to all personnel assigned to the RVN from 8 February 1962
through 28 March 1973.
DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that the RVN service dates documented in his
record and on his DD Form 214 were incorrect was carefully considered.
However, there is insufficient evidence to support this claim.

2.  The evidence of record confirms the applicant arrived for duty in the
RVN on 23 October 1967 and that he departed for the United States on
emergency leave on 11 March 1968.  These dates are verified by entries on
the applicant’s DA Form 20, which the applicant last reviewed on 18
September 1968, just two days prior to his separation.

3.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant and counsel
have failed to submit evidence that would satisfy this requirement.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 20 September 1968.  Therefore, the
time for him to file a request for correction of any error or injustice
expired on
19 September 1971.  However, he 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.

5.  Evidence shows that based on his service and campaign participation in
the RVN, he is entitled to the Meritorious Unit Commendation, Republic of
Vietnam Gallantry Cross with Palm Unit Citation and 2 bronze service stars
with his Vietnam Service Medal.  The omission of these awards from his DD
Form 214 is an administrative matter that does not require Board action to
correct.  Therefore, administrative correction of his records will be
accomplished by the Case Management Support Division (CMSD), St. Louis,
Missouri, as outlined in paragraph 3 of the BOARD
DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

_FE ____  __LDS __  __RTD___  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 to show that based on his service and campaign participation in
the RVN, he is entitled to the Meritorious Unit Commendation, Republic of
Vietnam Gallantry Cross with Palm Unit Citation and 2 bronze service stars
with his Vietnam Service Medal; and by providing him a corrected separation
document that reflects these awards.




            ___  FRED EICHORN____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004102176                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2004/10/DD                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1968/09/20                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  1021 |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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