RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           15 November 2005
      DOCKET NUMBER:  AR20050003400


      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. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Stanley Kelley                |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Robert L. Duecaster           |     |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, in effect, all awards to which he is entitled.


2.  The applicant states, in effect, he visited the National Archives and
discovered that in addition to other awards, he was entitled to the
Republic of Vietnam (RVN) Civil Actions Honor Medal First Class Unit
Citation and Meritorious Unit Commendation (MUC).

3.  The applicant provides the following documents in support of his
application:  Army Good Conduct Medal (AGCM) Orders; Separation Document
(DD Form 214); and Department of the Army Pamphlet 672-3 Extract.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 2 May 1969.  The application submitted in this case was
received on 3 March 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’s record shows he was inducted into the Army and entered
active duty on 3 May 1967.  He was trained in, awarded and served in
military occupational specialty (MOS) 64C (Truckmaster), and the highest
rank he attained while serving on active duty was specialist five (SP5).

4.  The applicant’s Enlisted Qualification Record (DA Form 20) shows he
served in the Republic of Vietnam (RVN) from 21 September 1967 through
20 September 1968.  The record confirms that during his RVN tour, he was
assigned to the 572nd Transportation Company, performing duties as a light
vehicle driver.
5.  On 2 May 1969, the applicant was honorably separated, by reason of
expiration of term of service (ETS), after completing 2 years of active
military service.  Item 24 (Decorations, Medals, Badges, Commendations,
Citations and Campaign Ribbons Awarded or Authorized) shows he earned the
following awards during his active duty tenure: National Defense Service
Medal (NDSM); Army Good Conduct Medal; Vietnam Service Medal (VSM); RVN
Campaign Medal with 60 Device; and 1 Overseas Bar.

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-13 contains
guidance on the VSM.  It states, in pertinent part, that a bronze service
star is authorized with this award for each RVN campaign a member is
credited with participating in.

7.  In support of his application, the applicant provides an extract of
Department of the Army Pamphlet 672-3.  In one page of the extract, he
circles the awards authorized for the 561st Transportation Detachment,
which includes the Presidential Unit Citation, MUC, RVN Gallantry Cross
with Palm Unit Citation, and RVN Civil Actions Honor Medal First Class Unit
Citation.

8.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register) establishes the eligibility of individual members for campaign
participation credit, assault landing credit, and unit citation badges
awarded during the Vietnam Conflict.  It confirms that during his tenure of
assignment in the RVN, the applicant’s unit (572nd Transportation Company)
received no unit awards.  This publication does show that during the period
of his RVN assignment, campaign credit was granted for the following four
campaigns:  Vietnam Counteroffensive Phase III; TET Counteroffensive;
Vietnam Counteroffensive Phase IV; and Vietnam Counteroffensive Phase V.

9.  Department of the Army General Order Number 8, dated in 1974,
authorized the award of the Republic of Vietnam Gallantry Cross with Palm
Unit Citation to all personnel assigned to the RVN from 8 February 1962
through 28 March 1973.
DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim of entitlement to the Meritorious Unit
Commendation and RVN Civil Actions Honor Medal First Class Unit Citation,
and the supporting evidence he submitted were carefully considered.
However, there is insufficient evidence to support this claim.

2.  The evidence of record confirms the applicant was assigned to the 572nd
Transportation Company during his RVN tour, and that this unit did not
receive the Meritorious Unit Commendation or RVN Civil Actions Honor Medal
First Class Unit Citation during his tenure of assignment.  Further, there
is no indication that he was ever assigned to the 571st Transportation
Detachment,
the unit he circled in the source publication extract he provided, during
his RVN tour.  As a result, there is insufficient evidence to show he is
entitled to these awards.

3.  Records show the applicant should have discovered the alleged error or
injustice related to the MUC and RVN Civil Actions Honor Medal First Class
Unit Citation now under consideration on 2 May 1969, the date of his
separation.  Thus, the time for him to file a request for correction of any
error or injustice expired on 1 May 1972.  However, he failed to 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.

4.  The record does show that based on his RVN service and campaign
participation, the applicant is entitled to the RVN Gallantry Cross with
Palm Unit Citation and 4 bronze service stars with his VSM.  The omission
of these awards is an administrative matter that does not required Board
action to correct.  Thus, administrative correction of his records will be
accomplished by the Case Management Support Division (CMSD), St. Louis,
Missouri, as outlined by the Board in paragraph 3 of the BOARD
DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___SK  __  ___JTM _  ___RLD _  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.

3.  The Board determined there is an administrative error in the records of
the individual concerned that requires correction.  Therefore, the Board
requests that the CMSD-St. Louis administratively correct the records of
the individual concerned to show his entitlement to the Republic of Vietnam
Gallantry Cross with Palm Unit Citation and 4 bronze service stars with his
Vietnam Service Medal; and by issuing him a correction to this separation
document that includes these awards.




            ____Stanley Kelley_______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050003400                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/11/15                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1969/05/02                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |DENY w Adm Note                         |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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