RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          8 November 2005
      DOCKET NUMBER:  AR20050002075


      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. Stanley Kelley                |     |Chairperson          |
|     |Ms. Diane Armstrong               |     |Member               |
|     |Ms. Delia Trimble                 |     |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 award of the Republic of Vietnam Gallantry Cross
with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal
First Class Unit Citation, the Expert Marksmanship Qualification Badge with
Rifle Bar, and the Expert Marksmanship Qualification Badge with Automatic
Rifle Bar.

2.  The applicant states he discovered the awards were missing from his DD
Form 214 (Report of Transfer or Discharge) while attending counseling at
the Department of Veterans Affairs.

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

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
6 August 1971.  The application submitted in this case is dated 28 January
2005.
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 on 13 August 1969.  He served as a wheel
vehicle mechanic assigned to Company C, 589th Engineer Battalion
(Construction) in Vietnam from 18 January 1971 through 31 January 1971.  He
was assigned to Company D, 84th Engineer Battalion in Vietnam from
1 February 1971 through 1 August 1971.  On 6 August 1971, the applicant was
released from active duty.

4.  The applicant's DD Form 214 shows the National Defense Service Medal,
the Vietnam Service Medal, the Vietnam Campaign Medal, and the Good Conduct
Medal as authorized awards.

5.  Department of the Army General Orders Number 8, 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.
6.  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 units did not
receive the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation while he was assigned to them.

7.  Headquarters, 2d Basic Combat Training Brigade, USATCI Special Orders
Number 190, dated 2 October 1969, show the applicant received the Expert
Marksmanship Qualification Badge with Rifle Bar.

8.  There are no orders for the Expert Marksmanship Qualification Badge
with Automatic Rifle Bar in the applicant's service personnel records.
There is also no evidence in the applicant's service personnel records
which shows he qualified for the Expert Marksmanship Qualification Badge
with Automatic Rifle Bar.

9.  Records show the applicant participated in two campaigns during his
assignment in Vietnam.

10.  Army Regulation 600-8-200 (Military Awards) provides in pertinent part
that the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation is awarded by the Vietnamese Government as a unit award for
meritorious service.
11.  Army Regulation 600-8-22, in pertinent part, authorizes award of a
bronze service star, based on qualifying service, for each campaign listed
in Appendix B of this regulation and states that authorized bronze service
stars will be worn on the appropriate service medal.

DISCUSSION AND CONCLUSIONS:

1.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was
awarded to all units which served in Vietnam.

2.  Evidence of record shows the applicant's units did not receive the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
while he was assigned to them.  Therefore, there is insufficient evidence
on which to base this unit award.

3.  Orders show the applicant received the Expert Marksmanship
Qualification Badge with Rifle Bar.

4.  There is no evidence of record which shows the applicant qualified for
or was awarded the Expert Marksmanship Qualification Badge with Automatic
Rifle Bar. Therefore, there is insufficient evidence on which to base award
of this marksmanship qualification badge.

5.  The applicant participated in two campaigns during his assignment in
Vietnam which entitles him to award of the Vietnam Service Medal with two
bronze service stars.

6.  Records show the applicant should have discovered the alleged errors
now under consideration on 6 August 1971; therefore, the time for the
applicant to file a request for correction of any error expired on 5 August
1974.  The applicant did not file within the 3-year statute of limitations;
however, based on the available evidence it would be in the interest of
justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

SK_____  DA____  __DT____  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 amending his DD Form
214 to show that he was awarded the Republic of Vietnam Gallantry Cross
with Palm Unit Citation, the Expert Marksmanship Qualification Badge with
Rifle Bar, and the 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 Republic of






Vietnam Civil Actions Honor Medal First Class Unit Citation and the Expert
Marksmanship Qualification Badge with Automatic Rifle Bar.




            ____Stanley Kelley_________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050002075                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051108                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0094                                |
|2.                      |107.0095                                |
|3.                      |107.0108                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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