RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 SEPTEMBER 2005
      DOCKET NUMBER:  AR20050000363


      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. Kenneth H. Aucock             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James Hise                    |     |Chairperson          |
|     |Mr. Thomas O’Shaughnessy          |     |Member               |
|     |Mr. Patrick McGann                |     |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 record be corrected to show award of
the Meritorious Unit Commendation, Korea Defense Service Medal, and the
Republic of Vietnam Gallantry Cross Unit Citation with Palm.

2.  The applicant states that the Meritorious Unit Commendation was awarded
to Company B, 4th Battalion, 21st Infantry, 11th Infantry Brigade while he
was serving with that unit in Vietnam.  He is entitled to that award and
the above-mentioned awards that he is requesting.

3.  The applicant provides no evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 30 April 1969.  The application submitted in this case is
dated        17 December 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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations 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 served as a member of the Army National Guard and was
ordered to active duty in July 1958.  He served in Korea from October 1958
to November 1959.  In June 1960 he enlisted in the Regular Army for six
years.  He continued on active duty until his discharge in 1969, serving in
Germany, Hawaii, and Vietnam.

4.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows that
he served with Company B, 4th Battalion, 21st Infantry of the 11th Infantry
Brigade in Vietnam from April 1968 to September 1968.  He was seriously
wounded in action on 28 August 1968, medically evacuated to Camp Zama,
Japan, and thence to Fort Sam Houston, Texas.  He was discharged on 30
April 1969 and placed on the temporary disability retired list (TDRL).  He
was removed from the TDRL and permanently retired on 1 March 1971 with a
100 percent disability rating.
5.  He participated in two campaigns during his tour of duty in Vietnam.
The Unit Citation and Campaign Participation Credit Register, which lists
unit citations and campaign participation credits for Vietnam, indicates
that the 4th Battalion, 21st Infantry, was awarded the Republic of Vietnam
Gallantry Cross Unit Citation with Palm for its actions while the applicant
was assigned to that organization.  That register, however, does not
reflect award of the Meritorious Unit Commendation to the 4th Battalion,
21st Infantry or its assigned units.

6.  The applicant’s DA Form 20 shows that the applicant was awarded the
Sharpshooter Marksmanship Qualification Badge with pistol bar.  That award
is not shown on his DD Form 214 (Report of Transfer or Discharge).

7.  The applicant’s DD Form 214 does not show award of the Korea Defense
Service Medal or the Republic of Vietnam Gallantry Cross Unit Citation with
Palm.  It shows award of the Vietnam Service Medal, but in so doing, does
not credit him with the number of campaigns in which he participated.

8.  Army Human Resources Command Message (Date Time Group 9 February 2004)
published implementing instructions for award of the Korea Defense Service
Medal.  This message specified criteria for the award of the Korea Defense
Service Medal as follows:  a) service members of the armed forces must have
served in support of the defense of the Republic of Korea from 28 July 1954
through a future date to be determined by the Secretary of Defense;  b) the
area of eligibility encompasses all land area of the Republic of Korea, and
the contiguous water out to 12 nautical miles, and all air spaces above the
land and water areas;  c) service members must have been mobilized with
units or assigned or attached to units operating in the area of eligibility
and have been physically deployed in the area of eligibility for 30
consecutive or 60 non-consecutive days.

DISCUSSION AND CONCLUSIONS:

1.  The applicant is entitled to award of the Republic of Vietnam Gallantry
Cross Unit Citation with Palm, Korea Defense Service Medal, and the
Sharpshooter Marksmanship Qualification Badge with pistol bar.  He is also
entitled to award of the Vietnam Service Medal with two bronze service
stars (one for each campaign).

2.  Notwithstanding the applicant’s contention, there is no evidence to
show that the 4th Battalion, 21st Infantry or any of its assigned units was
awarded the Meritorious Unit Commendation.  The Unit Citation and Campaign
Participation Credit Register, which lists unit awards, does not reflect
that award to the 4th Battalion, 21st Infantry, or its assigned units.
Consequently, the applicant’s request for award of the Meritorious Unit
Commendation cannot be granted.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___JH  __  __TO ___  __PM___  GRANT PARTIAL 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 award of the Republic
of Vietnam Gallantry Cross Unit Citation with Palm, Korea Defense Service
Medal, Sharpshooter Marksmanship Qualification Badge with pistol bar, and
Vietnam Service Medal with two bronze service stars.

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
award of the Meritorious Unit Commendation.




                            ______ James Hise_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050000363                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050920                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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