RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 NOVEMBER 2005
      DOCKET NUMBER:  AR20050003142


      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. Rene’ R. Parker               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Lester Echols                 |     |Chairperson          |
|     |Mr. John Denning                  |     |Member               |
|     |Ms. Jeanette McCants              |     |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 Silver Star and that his DD Form
214 (Armed Forces of the United States Report of Transfer or Discharge)
show the award of the Army Commendation Medal (ARCOM).

2.  The applicant states that he was put in for the Silver Star for saving
his captain’s life.

3.  The applicant provides copies of his DD Form 214, orders and
certificate awarding him the ARCOM, Purple Heart Certificate, supporting
statement for the Silver Star and a page from the “Saber” newsletter.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 9 August 1968, the date of his separation.  The
application submitted in this case is dated 5 September 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 requested correction of his records to show award of the
Silver Star.  There are no orders or other evidence authorizing award of
this decoration. In the absence of a proper award authority for this
decoration, the applicant may request award of the Silver Star 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 decoration under Section 1130 and, as a result, it will not be
discussed further in the Record of Proceedings.

4.  The applicant's DD Form 214 shows that he was inducted in the Regular
Army on 11 August 1966.  He served in the Republic of Vietnam from
      11 February 1967 through 10 February 1968.  He was assigned to
Company A, 2d Battalion, 12th Cavalry, 1st Cavalry Division.
5.  The applicant provided a copy of General Orders Number 1702, dated
     20 March 1968, and a copy of his certificate awarding him the ARCOM.

6.  Review of the applicant's DD Form 214 indicates that he is entitled to
additional awards that are not shown on this form.

7.  The applicant's DD Form 214 does not list awards of the Presidential
Unit Citation, Valorous Unit Award, and the Republic of Vietnam Gallantry
Cross Unit Citation with Palm.

8.  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 the 2d Battalion, 12th
Cavalry, 1st Cavalry Division, was cited for award of the Presidential Unit
Citation for actions during the period 2 January 1968 to 12 February 1968,
by Department of the Army General Orders Number 42, dated 1970.

9.  This document also shows that the 2d Battalion, 12th Cavalry, 1st
Cavalry Division, was cited for award of the Valorous Unit Award by
Department of the Army General Orders Number 39, dated 1970 and the
Republic of Vietnam Gallantry Cross Unit Citation with Palm by Department
of the Army General Orders Number 59, dated 1969.

10.  Appendix B of Army Regulation 600-8-22 shows that the applicant
participated in three campaigns during his tour of duty in Vietnam.  This
same regulation states that a bronze service star will be awarded for wear
on the Vietnam Service Medal for participation in each campaign.  The
applicant's DD Form 214 shows award of the Vietnam Service Medal.  His
records also indicate that he participated in the Vietnam Counteroffensive
Phase II and III, and Tet Counteroffensive.

DISCUSSION AND CONCLUSIONS:

1.  General Orders Number 1702 and the certificate are sufficient evidence
to correct the applicant’s record to show the award of the ARCOM.

2.  Additionally, evidence of record shows that while the applicant was
assigned to 2d Battalion, 12th Cavalry, 1st Cavalry Division, the unit was
awarded the Presidential Unit Citation, Valorous Unit Award, and the
Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore,
the applicant is entitled to correction of his records to show these
awards.

3.  Evidence also shows that the applicant participated in three campaigns
during his service in Vietnam.  Therefore, he is entitled to correction of
his records to show award of three bronze service stars to be worn on his
Vietnam Service Medal.

BOARD VOTE:

__LE____  __JD ___  __JM ___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for 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:

     a. by showing he was awarded the ARCOM; and


      b.  by showing he is entitled to the Presidential Unit Citation,
Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit
Citation, and the Vietnam Service Medal with three bronze service stars
affixed.





                            ______Lester Echols_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050003142                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051117                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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