RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        16 December 2004
      DOCKET NUMBER:  AR2004105706


      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. Prevolia Harper               |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Yolanda Maldonado             |     |Chairperson          |
|     |Ms. Maribeth Love                 |     |Member               |
|     |Mr. Ronald J. Weaver              |     |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 records be corrected to show the
Meritorious Unit Commendation and the Air Medal.

2.  The applicant states that he was a member of the 23rd Infantry Division
when the Meritorious Unit Commendation was awarded to the unit.

3.  The applicant also states that he is entitled to the Air Medal based on
his participation in over 25 Eagle Flights.

4.  The applicant submitted two separate applications.  The applicant
provides with his first application, a copy of a page from DA Pamphlet 672-
3 (Unit Citation and Campaign Participation Credit Register); a copy of his
DD Form 214 (Armed Forces of the United States Report of Transfer or
Discharge); a DD Form 215 (Correction to a DD Form 214); a copy of
Headquarters, Americal Division General Orders Number 157, dated 5 June
1968; a copy of a letter from the National Personnel Records Center, dated
5 March 2004; and a self-authored letter, dated 16 March 2004.  The
applicant provides with his second application, a self-authored letter,
dated 25 August 2004, and copies of the previously resubmitted DD Forms 214
and 215.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an error which occurred on
19 March 1969, the date of his initial discharge from active duty.  The
applicant submitted two separate applications, dated 16 March 2004 and 24
August 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 also allows the
Army Board for Correction of Military Records (ABCMR) to excuse an
applicant’s failure to timely file within the 3-year statute of limitations
if the ABCMR determines that it would be in the interest of justice to do
so.  The ABCMR has elected to conduct a substantive review of this case to
determine if it would be in the interest of justice to excuse the
applicant’s failure to timely file.

3.  The applicant requested correction of his records to show award of the
Air Medal.  There are no orders or other evidence that the applicant was
authorized the Air Medal.  In the absence of authority for this award, the
applicant may request the Air Medal under the provisions of Section 1130 of
Title 10, United States Code.  The applicant has been notified by separate
correspondence of the procedures for applying for this award under Section
1130 and, as a result, it will not be discussed further in this Record of
Proceedings.

4.  The applicant enlisted on 19 May 1967 for a period of 3 years.  He
completed basic and advanced individual training and was awarded the
military occupational specialty 11F2D (Infantry Operations and Intelligence
Specialist).  The applicant was separated on 19 March 1969.

5.  The applicant's DA Form 20 (Enlisted Qualification Record) does not
show an entry for the Meritorious Unit Commendation in item 41 (Awards and
Decorations).

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214
shows the National Defense Service Medal, the Vietnam Service Medal, the
Vietnam Campaign Medal with Device 60, the Purple Heart, Marksman Badge
with Pistol Bar, and the Expert Badge with Rifle Bar.

7.  Item 41 (Awards and Decorations) of the applicant's DA Form 20
(Enlisted Qualification Record) does not show the award of the Meritorious
Unit Commendation.

8.  The applicant's DD Form 214 was subsequently amended by a DD Form 215,
dated 20 May 2003.  The DD Form 215 shows that the Army Reserve Personnel
Command (AR-PERSCOM) corrected the applicant's DD Form 214 to show the Good
Conduct Medal, the Vietnam Service Medal with three bronze service stars,
the Combat Infantryman Badge, the Republic of Vietnam Gallantry Cross with
Palm Unit Citation Badge, and the Republic of Vietnam Civil Actions Honor
Medal First Class.

9.  There are no General Orders in the applicant's service personnel
records which show that his unit [198th Infantry Brigade, 23rd Infantry
Division] was awarded the Meritorious Unit Commendation.

10.  The applicant provided a self-authored letter, dated 16 March 2004, in
which he stated that he was a member of the 198th Light Infantry Brigade,
23rd Infantry Division, 57th Infantry Scout Dog Platoon.  The applicant
further stated that in accordance with Department of the Army Pamphlet 672-
3 (Unit Citation and Campaign Participation Credit Register, dated 29
February 1988), the 23rd Infantry Division received the Meritorious Unit
Commendation.

11.  The applicant provided a copy of page 96 of Army Pamphlet 672-3 which
contains the entry "23rd Infantry Division, Meritorious Unit Commendation-
1 September 1967 through 31 October 1968, DAGO [Department of the Army
General Orders] Number 37, dated 1970 and for the period 1 November 1968
through 30 June 1970, DAGO 51, dated 1971."

12.  The applicant submitted a copy of a letter from the National Personnel
Records Center, dated 5 March 2004, which advised the applicant that there
were no records to show that he was authorized the Meritorious Unit
Commendation.

13.  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 does not show that the 198th Infantry
Brigade, 23rd Infantry Division was cited for award of the Meritorious Unit
Commendation during this period.

14.  Department of the Army Pamphlet 672-3 shows that the U.S. Army Special
Security Detachment, 23rd Infantry Division, serving under the United
States Army Special Security Group, Assistant Chief of Staff for
Intelligence, received the Meritorious Unit Commendation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to the Meritorious Unit
Commendation.

2.  The applicant only provided a copy of page 96 of Department of the Army
Pamphlet 672-3, which refers to the 23rd Infantry Division.  However, the
preceeding page (95) shows that the unit referenced by the applicant (the
23rd Infantry Division) was actually a part of the Army Special Security
Group, Assistant Chief of Staff for Intelligence [IV Corps].  There is no
evidence, and the applicant did not provide any evidence, that he served
with this element of the 23rd Infantry Division during his service in
Vietnam.

3.  There are no General Orders which show that the 23rd Infantry Division,
198th Infantry Brigade was awarded the Meritorious Unit Commendation during
the applicant's assignment to that unit.  Therefore, there is insufficient
evidence upon which to base correction of the applicant's records to show
award of the Meritorious Unit Commendation.






4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 19 March 1969; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
18 March 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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___YM___  __ML___  __RJW__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.



                                        Yolanda Maldonado
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004105706                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041216                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0017                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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