RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 DECEMBER 2005
      DOCKET NUMBER:  AR20050003424


      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. Deborah L. Brantley           |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. Ted Kanamine                  |     |Chairperson          |
|     |Mr. Robert Duecaster              |     |Member               |
|     |Ms. Jeanette McPherson            |     |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 1968 separation document be corrected
to show entitlement to two or three bronze service stars on his Vietnam
Service Medal, the Republic of Vietnam Gallantry Cross Unit Citation with
Palm, the Vietnam Campaign Medal, a Combat Infantryman Badge, the NATO
(North Atlantic Treaty Organization) Medal, four overseas bars, the
Mechanic Badge, a Presidential Unit Citation, Valorous Unit Award,
Meritorious Unit Commendation, the LRRP (Long Range Reconnaissance Patrol)
Badge; and any other awards and decorations he may be entitled to.

2.  The applicant states, in effect, the awards were omitted from his
separation document because he left Vietnam after being wounded.  He states
he was assigned to the LRRP while in Vietnam.

3.  The applicant provides a copy of his separation document, a copy of a
statement from the National Personnel Records Center confirming his
entitlement to awards already reflected on his separation document, and a
copy of his Department of the Army Form 20 (Enlisted Qualification Record).


CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 25 October 1968.  The application submitted in this case
is dated
28 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.  Records available to the Board indicate the applicant enlisted and
entered active duty on 20 October 1965.  He was trained as a wheel vehicle
mechanic (63B) and assigned to an engineer battalion in Europe between
March 1966 and May 1967.


4.  In June 1967 he arrived in Vietnam where he was initially assigned to
the 2nd Brigade, 4th Infantry, as a mechanic.  In August 1967 he was
promoted to pay grade E-4 in his military specialty of 63B.  In December
1967 he was reassigned to the 1st Battalion, 12th Infantry.  Item 38
(record of assignments) on his Department of the Army Form 20 contains a
hand written entry showing he performed duties in specialty 11B
(infantryman).  However, the entry does not contain a principal duty title,
but rather contains an entry showing duties with the LRRP.  There is no
indication he was ever awarded an infantry specialty as either a primary or
secondary specialty.

5.  On 2 March 1968 the applicant was wounded as a result of hostile action
and ultimately evacuated from Vietnam.  He was returned to duty at Fort
Jackson, South Carolina, and on 25 October 1968 was released from active
duty with an honorable characterization of service.

6.  His separation document reflects entitlement to the National Defense
Service Medal, the Vietnam Campaign Medal, the Vietnam Service Medal, a
Purple Heart, qualification as an expert with the M-14 rifle, and one
overseas service bar.

7.  A review of Department of the Army Pamphlet 672-3 (Unit Citation and
Campaign Participation Credit Register) notes the applicant would have been
credited with participating in two designated campaigns (Vietnam
Counteroffensive Phase III and TET Counteroffensive) during his period of
assignment in Vietnam.  Two bronze service stars on the Vietnam Service
Medal, which is recorded on his separation document, should reflect his
campaign participation.  The 2nd Brigade, 4th Infantry, was awarded a
Republic of Vietnam Gallantry Cross Unit Citation with Palm and a Republic
of Vietnam Civil Action Honor Medal First Class Unit Citation while he was
assigned to that organization. The 1st Battalion, 12th Infantry was awarded
the same decorations during his tenure with that organization.  The unit
awards were also omitted from his separation document.

8.  There is no indication any of the units he was assigned to were awarded
a Presidential Unit Citation, Valorous Unit Award, or Meritorious Unit
Commendation while he was a member.  Army Regulation 600-8-22 (Military
Awards) indicates that an individual is entitled to permanent wear of a
unit decoration only if he/she were assigned to that unit during the period
recognized by the unit award.


9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Combat Infantryman Badge is awarded to infantry officers and to
enlisted and warrant officer persons who have an infantry military
occupational specialty (MOS).  They must have served in active ground
combat while assigned or attached to an infantry unit of brigade,
regimental or smaller size.  The Awards Branch of the U.S. Army Human
Resources Command (formerly known as the Total Army Personnel Command) has
advised, in similar cases, that during the Vietnam era the Combat
Infantryman Badge was awarded only to enlisted individuals who held and
served in MOS 11B, 11C, 11F, 11G, or 11H.

10.  The NATO Medal was established by the Secretary General of NATO on 30
July 1959.  In accordance with Executive Order 11446, the Secretary of
Defense, with the concurrence of the Secretary of State, may approve
acceptance for operations and authorize the wear by US Service members who
meet the criteria specified by the Secretary General of NATO.  Service in
Vietnam was not one of the operations for which the decoration has been
offered or authorized for wear.

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part
for award of the Driver and Mechanic Badge.  To receive award as a
mechanic, a Soldier must pass aptitude tests and complete the standard
mechanics' course with a "skilled" rating or have demonstrated possession
of sufficient previous experience as an automotive or engineer equipment
mechanic to justify such a rating, be assigned to primary duty as an
automotive or engineer mechanic, unit level or higher, or be an active
automotive or engineer mechanic instruction.  If required to drive an Army
motor vehicle in connection with automotive mechanic or automotive mechanic
instructor duties, qualify for motor vehicle operators permit, perform duty
which includes driving motor vehicles for a minimum of 6 consecutive months
and have no Army motor vehicle accident or traffic violations recorded on
his/her operator's qualification record.

12.  Army Regulation 670-1 states that between 1 July 1958 to 28 March
1973, one overseas service bar was authorized for each 6 months of active
Federal service as a member of a United States Service in Vietnam.  Both
the month of arrival in Vietnam and the month of departure from Vietnam
were counted as a whole month for credit toward the overseas service bar.

13.  The LRRP Badge is not governed by the Department of the Army awards
regulation and, as a result, not annotated on the DD Form 214.  It was a
badge awarded in accordance with local unit policies during the Vietnam
era.


14.  The applicant's separation document already reflects entitlement to
the Republic of Vietnam Campaign Medal.

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms that the applicant is entitled to two bronze
service stars on his Vietnam Service Medal, two awards of the Republic of
Vietnam Gallantry Cross Unit Citation with Palm, and two awards of the
Republic of Vietnam Civil Action Honor Medal First Class Unit Citation.
His records should be corrected accordingly.

2.  There is no evidence the applicant was a member of a unit at the time
it was awarded a Presidential Unit Citation, Valorous Unit Award, or a
Meritorious Unit Commendation and as such, there is no basis for recording
any of those unit decorations on his separation document.

3.  Although the applicant may have performed infantry duties while in
Vietnam, there is no evidence he was ever awarded an infantry specialty and
as such he did not meet eligibility requirements for award of the Combat
Infantryman Badge.

4.  The NATO Medal was not offered to or accepted for wear by United States
Soldier's serving in Vietnam.

5.  Although the applicant did perform duties as a mechanic, there is
insufficient evidence in available records to confirm that he met
eligibility requirements for the badge.  The applicant has not made a
compelling argument for entitlement to the badge, nor provided any evidence
that any error or injustice occurred in his not being awarded the badge
while on active duty.  In the absence of more conclusive evidence that he
did meet all of the eligibility requirements, there is no basis for
awarding the Driver and Mechanic Badge at this time.

6.  The applicant's separation document correctly reflects entitlement to
only one overseas service bar.  The applicant's service in Europe did not
qualify for entitlement to the overseas service bar and the evidence shows
that the applicant departed Vietnam before completing his second 6 months
of service to qualify for an additional overseas service bar based on his
service in Vietnam.

7.  Although there is no evidence the applicant was ever authorized to the
wear the LRRP Badge, even if he had been, the badge would not be recorded
on his separation document.  The badge would have been locally controlled
and not governed by the Army's military awards regulation, a requirement
for inclusion on separation documents.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__TK  ___  __RD___  __JM ___  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 showing he is entitled
to two bronze service stars on his Vietnam Service Medal, two awards of the
Republic of Vietnam Gallantry Cross Unit Citation with Palm, and two awards
of the Republic of Vietnam Civil Action Honor Medal First Class Unit
Citation.

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 a Combat Infantryman Badge, the NATO (North Atlantic Treaty
Organization) Medal, four overseas bars, the Mechanic Badge, a Presidential
Unit Citation, Valorous Unit Award, Meritorious Unit Commendation, and the
Long Range Reconnaissance Patrol Badge.




                            _____ Ted Kanamine_________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050003424                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051222                                |
|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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