RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        3 November 2005
      DOCKET NUMBER:  AR20050003375


      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. Michael J. Fowler             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Thomas D. Howard Jr.          |     |Chairperson          |
|     |Mr. John Infante                  |     |Member               |
|     |Ms. Carmen Duncan                 |     |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 correction of his records to show awards of the
Bronze Star Medal and the Army Commendation Medal.

2.  The applicant states, in effect, that his awards are missing from his
DD Form 214 (Armed Forces of the United States Report of Transfer or
Discharge).

3. The applicant provides a Bronze Star Medal certificate, dated 19 March
1969; an Army Commendation Medal certificate, dated 18 January 1969; and a
DD Form 214 with the period ending 28 February 1969.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on 28 February 1969.  The application submitted in this case is dated 3
February 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 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’s active duty military records are not available to the
Board.  This case is being considered using reconstructed records, which
primarily consist of his DD Form 214 with an ending period of 28 February
1969 and Headquarters, 101st Airborne Division General Orders Number 2487,
dated      19 March 1969.

4.  The applicant's DD Form 214 shows he was inducted on 7 March 1967 and
successfully completed basic training and advanced individual training.  He
was awarded military occupational specialty (MOS) 36K (Wireman).  He served
in Vietnam for a period of about 10 months.  Item 12 (Last Duty Assignment
and Major Command) of his DD Form 214 shows his duty assignment was with
Headquarters and Headquarters Company, 1st Battalion, 506th Infantry, 101st
Airborne Division.



5.  Headquarters, 101st Airborne Division General Orders Number 2487, dated
19 March 1969, shows that the applicant was awarded the Bronze Star Medal
for meritorious service in connection with ground operations against a
hostile force during the period 1 July 1968 through 28 February 1969.

6.  He was honorably released from active duty on 28 February 1969 and
transferred to the U.S. Army Reserve Control Group after completing 1 year,
11 months, and 22 days of creditable active service.

7.  The applicant's DD Form 214 shows he was awarded the National Defense
Service Medal.

8.  There are no orders in the applicant's service personnel records
awarding him the Army Commendation Medal.

9.  The applicant provided a copy of an Army Commendation Medal
certificate, dated 18 January 1969, that shows he was awarded the Army
Commendation Medal for exceptionally meritorious achievement in the
Republic of Vietnam during the period 1 July 1968 through 30 November 1968.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, for award of the Vietnam Service Medal.  This medal is awarded to all
members of the Armed Forces of the United States for qualifying service in
Vietnam after
3 July 1965 through 28 March 1973.  Qualifying service included attachment
to or assignment for 1 or more days with an organization participating in
or directly supporting military operations.

11.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Republic of Vietnam Campaign Medal with (1960) Device.  This medal was
awarded by the Government of Vietnam to all members of the Armed Forces of
the United States for qualifying service in Vietnam during the period 1
March 1961 through 28 March 1973.  Qualifying service included assignment
in Vietnam for 6 months or more.  Qualifying service outside the
geographical limits of the Republic of Vietnam required the individual to
provide direct combat support to the Republic of Vietnam and Armed Forces.
Individuals who had qualified for award of the Vietnam Service Medal or the
Armed Forces Expeditionary Medal and were evacuated prior to completing six
months of service due to wounds resulting from hostile action were entitled
to award of the Republic of Vietnam Campaign Medal with (1960) Device.




12.  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.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows that the applicant was awarded the Bronze Star
Medal for meritorious service.  There are no orders in the applicant’s
service personnel records which show that he was awarded the Army
Commendation Medal.  However, he submitted an Army Commendation Medal
certificate, dated 18 January 1969, that shows he was awarded the Army
Commendation Medal.
2.  The Board accepts the evidence provided by the applicant as sufficient
to show he was awarded the Army Commendation Medal for meritorious
achievement during 1 July 1968 through 30 November 1968.

3.  The evidence of record confirms that the applicant served in Vietnam
and so he is eligible for award of the Vietnam Service Medal, the Republic
of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of
Vietnam Campaign Medal with (1960) Device.  Therefore, his DD Form 214
should be amended to add these awards.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 28 February 1969; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
27 February 1972.  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:

__TDH__  ___ JI ___  __ CD  __  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 by amending his DD Form 214 to show award
of the Bronze Star Medal, the Army Commendation Medal, the Vietnam Service
Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and
the Republic of Vietnam Campaign Medal with (1960) Device.




                            ___ Thomas D. Howard Jr. __
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050003375                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |3 November 2005                         |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0014.0000                           |
|2.                      |107.0063.0000                           |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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